Title
Minority and Women Business Enterprise Disparity Study Adoption
Action
Action:
Adopt the Economic Development Committee recommendation to:
A. Accept and adopt findings and analysis of the 2017 City of Charlotte Minority and Women Business Enterprise (MWBE) Disparity Study Report, and
B. Amend Part A, Section 8 of the Charlotte Business INClusion (CBI) Policy to extend race-conscious measures and/or gender-conscious measures through January 1, 2023.
Body
Staff Resource(s):
Robert Hagemann, City Attorney
Randy Harrington, Management and Financial Services
Thomas Powers III, City Attorney's Office
Nancy Rosado, Management and Financial Services
Explanation
* On June 13, 2016, the City retained BBC Research and Consulting to conduct a Minority and Women Business Enterprise (MWBE) Disparity Study, reviewing the City's expenditures for the period between July 1, 2011 and June 30, 2016.
* The purpose of the 2017 MWBE Disparity Study was to:
- determine whether disparity exists between the number of MWBE firms available to perform on City contracts and the City's utilization of those firms;
- determine if there is a legally defensible basis for the continued use of race-conscious and gender-conscious measures; and
- provide data and information that could be used to consider modifications to the City's CBI Program.
* The City last conducted an MWBE Disparity Study in 2011.
* The 2011 MWBE Disparity Study provided the basis for the City Council's current race-conscious and gender-conscious measures in the CBI Policy. The use of race-conscious and gender-conscious measures in the CBI Policy sunsets December 31, 2017.
Findings and Recommendations
* According to existing case law, the following is required in order to continue using race-conscious and gender-conscious measures:
- statistical data showing disparity,
- anecdotal evidence of discriminatory barriers, and
- evidence that a race-neutral and gender-neutral program will not be adequate to eliminat...
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