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HAAB Backup 06/17/1992 W Backup Hispanic Affairs Advisory Board Meeting June 17, 1992 A JOINT MEETING OF THE BLACK AFFAIRS ADVISORY BOARD and HISPANIC AFFAIRS ADVISORY BOARD WEDNESDAY, JUNE 17, 1992 6:30 P.M. GOLDEN GATE LIBRARY 4898 CORONADO PKWY NAPLES, FL. AGENDA I. APPROVAL OF MINUTES II. WORKSHOP: PROPOSAL FOR CREATION OF THE COLLIER COUNTY DEPARTMENT OF EQUAL OPPORTUNITY A) Review Letters of Endorsements B) Finalize Language of Proposal C) Prepare Presentation To Board of County commissioners On June 23, 1992 III. NEXT MEETING A. Location B. Date & Time C. Agenda BOARD OF COUNTY COMMISSIONERS HISPANIC AFFAIRS ADVISORY BOARD AND BLACK AFFAIRS ADVISORY BOARD MINUTES OF JOINT MEETING JUNE 10, 1992 MEMBERS PRESENT: Larry Word, BAAB Chairman Melinda Riddle, HAAB Chairperson Henry Tribble, BAAB Sub-committee Chairman Claudette Gillings, BAAB Jackie Brown, BAAB Clayton Hodge, BAAB Jamie Gutierrez, HAAB Eduardo Galvan, HAAB Nelson Munoz, HAAB Gloria Dominguez, HAAB MEMBERS ABSENT: Robert Walker, BAAB Albert Lee, BAAB Antonio Perez-Benitoa, HAAB Bernardo Garcia, HAAB VISITORS: Charlotte Tribble Mr. & Mrs. Frank Rodriguez, Latin American Business & Professional Association Fred Thomas, Jr. Bruce Pray Herman Martinez, American Friends Service Committee, Miami Jose Purez, American Friends Service Committee Miami STAFF PRESENT: Margret Bowles, Staff Liaison, BAAB Ramero Manelich, Staff Liaison, HAAB ----------------------------------------------------------------- The meeting of the Black Affairs Advisory Board was held at the Collier County Government Complex, Building "F", Board of County Commissioners Boardroom. Mr. Henry Tribble, BAAB, and Ms. Melinda Riddle, HAAB, called the meeting to order at 6:45 p.m. WORKSHOP: Proposal For Creation of the Collier Countv Department of Equal Opportunitv. Committee Chairman, Henry Tribble, reviewed the proposal to the Board of County Commissioners, and required Executive summary, recommending the creation of a Department of Equal opportunity. Changes and additions to the proposal and summary were reviewed and discussed. Melinda Riddle submitted a report on her meetings with County Manager Neil Dorrill and Commissioner Volpe. (Copy Attached) She discussed her concerns regarding anticipated objections from the Commissioners toward approving the proposed Dept. of EEO. It was the consensus that members speaking during the June 23rd commission meeting should prepare rebuttals to anticipated objections. The members discussed the broad range of endorsements already received and the need to ensure their attendance at the June 23rd Board meeting. It was suggested that each member bring 10 or more friends to the meeting; that a time-specific start for the agenda item be requested of the County Manager's Office; and that each endorsing organization provide a speaker to read their letter of endorsement and to encouragement. The members discussed the need to present support from other counties with similar centralized programs. It was suggested that professionals working in the field in other county governments could speak positively about the proposal. Once this proposal is implemented, members agreed that many more issues need to be jointly researched, such as education programs and funding for minority children. APPROVAL OF MINUTES. A motion was made, seconded and passed unanimously to approve the minutes, as read, of the April 8, 1992 meeting of the Board. There being no further business before the Board, the meeting was adjourned at 9.00 p.m. The next meeting will be a joint meeting of the Hispanic Affairs and Black Affairs Advisory Boards on June 17, 1992 to review endorsements for the proposal and to discuss the presentation to the Commissioners. Respectfully submitted, Margret Bowles, Staff Liaison APPROVED BY THE ADVISORY BOARD ON ,1992 LARRY WORD, CHAIRMAN Subco~nittee Report_on Creation~?f Equal Employment Division The undersigned was able to attend only one meeting with the Commissioners (Commissioner Volpe) and the meeting with the County Manager (Neil Dorrill). Based upon my impressions at both of the meetings, there will he quite a bit of resistance to the proposal. Briefly, Neil Dorrill was extremely noncommittal about the proposal although he did suggest ways to consolidate and increase the amount of information contained in the proposal. The most signifi- cant suggestion was to incorporate more data, particularly dealing with Collier County's compliance (or lack thereof) with Federal and State regulations/requirements. He also suggested presenting the proposal to the Commissioners as a part of the Advisory Board's report to the Commissioners, rather than through the public petition route. Commissioner Volpe was more direct. He (in my opinion) will not support any proposal which creates additional positions or departments within Collier County. lIis comments were directed towards prioritizing the various proposals which come before the commission and allocating the resources (funds) in order of the priority. It is my opinion that support from the Co~nissioners is unlikely since this is an election year and none appear willing to make the commitment. The following is a summary of the objections which have been expressed: cannot support another level of bureaucracy, particularly when Collier County is "downsizing" the hiring freeze at the county level precludes considera- tion of the proposal which creates new positions cannot advocate taking on the responsibilities of the State and Federal agencies (why should we when it is their job?) there is not enough money to go around the proposal is a "social service" type of program something government should not be involved in utilize existing framework within the County to address the recruitment efforts, but not compliance jurisdictional problems, i.e., does the County have juris- diction to decide complaints relating to private industry? I am sure that there are other "objections" but it appears to me that these are the concerns that will most likely be raised by opponents of the proposal. The current plan still calls for formal presentation to the Board of County Commissioners by mid-June. I-:\..o~,,- '? ILu__'.l..A-<....- ----.___.\ _____.___________4__._._ Melinda P. Riddle May 27, 1992 EXECUTIVE SUMMARY RECOMMENDATION FOR THE ESTABLISHMENT OF A COLLIER COUNTY DEPARTMENT OF EQUAL OPPORTUNITY ---------------------------------------------------------------------- OBJECTIVE: To present a joint request from the Board of county commissioners' Black Affairs Advisory Board and Hispanic Affairs Advisory Board to centralize all Federal, state and County require- ments regarding non-discrimination and equal opportunity under a new administrative mechanism to insure the availability of. professional services 'to a broad spectrum of the county's minority, female and disabled persons who represent 70-80% of the population of Collier County, and further to insure that collier County Government is in compliance with Federal and state equal opportunity and non- discrimination laws. BACKGROUND: On May 14, 1991, the Collier County Board of County commissioners created the Black Affairs Advisory Board and the Hispanic Affairs Advisory Board, as permanent advisory boards, to: 1. identify and evaluate problems unique to the Black and Hispanic communities, and 2. ensure open communication between government to help promote and foster of problems facing the minority recommend ways to minorities and county better understanding populations. Taking our responsibilities seriously, during the next twelve months both advisory boards established sub-committees to conduct research into the major areas of housing, education, crime, employment, business opportunities and government operations. County staff working in the areas of contracts, grants, employment and population census provided information and briefings. Community organizations representing special minority interests were invited to express their concerns. professionalS working in the field of minority affairs were interviewed. In the end, the consensus among members of the advisory boards was that primary to the success of all minority issues is the need to create a centralized vehicle to effectively implement and communicate the government's role in providing essential programs to ensure equal opportunity for the maiority of Collier County citizens. At present, this centralized mechanism does not exist in collier County. As a result, the ability of existing county staff to effectively provide specialized expertise and resources is very difficult, if not impossible, even though the requirements of many Federal and state funding programs operationally require evidence of more formal, f,GEIlLf'OT~ No. -1- t',\\\ 2 3 92 \~I\ \ Plio I i ~j... I pro-active, existence. non-discrimination programs than are currently in Therefore, the need to create a Department of Equal Opportunity becomes the basis for successfully beqinninq the tasks before the highly professional and dedicated members of the Black Affairs Advisory Board and the Hispanic Affairs Advisory Board. While county staff have been most cooperative, their limited time and resources prevent them from effecting solutions to the very real needs identified in the advisory boards' research. Much like the county government's responsibility to provide basic health and law enforcement services for its citizens, the need to ensure non- discrimination and equal opportunities for all citizens requires a deliberate and professional function within the government's organization. Once this centralized focus is created, your advisory boards are committed to work with staff and the commissioners to fulfill their designated mandate. CONSIDERATIONS: The members of the Black and Hispanic communities respectfully request the Board of County commissioners to review and consider the wide range of endorsing organizations and agencies, as listed in Attachment H of the proposal. Additionally, other organizations anticipate supporting this proposal once their boards reconvene after the summer hiatus. No organization contacted by the advisory board members rejected the proposal outright. FISCAL IMPACT: The proposal recommends implementing a Department of Equal opportunity over several years and phases, as follows. (Detailed description of each phase is included in Attachments A & B of the proposal.) FY 92/93 FY 93/94 FY 94/95 FY 95/96 PHASE I $118,614 $118,614 $118,614 $118,614 PHASE II 48,701 97,402 97,402 97,402 PHASE III 44,114 88,228 88,228 PHASE IV 27,739 55,477 PHASE V 17.635 $167,315 $260,130 $331,983 $377,356 Many opportunities exist to fund programs and operating costs through grants from the Federal government, such as Community Block Grants, HUD, EEOC, etc. The commitment of these funds easily outweighs the costs of lost Federal and State monies, as well as administration and judicial actions, which can result from non-compliance. As of september 1991, collier County had receive $36 million in Federal funds and $3 million "GW~ No.~ iJllN 2,3 92 PI- 2 !. in state funds for that fiscal year. The fully-phased department would represent only .0013% of the county's current $300 million budget. GROWTH MANAGEMENT IMPACT: The proposed D.E.O. will further the effectiveness of Growth Management of the governments of Collier County and Naples. Presently, the Comprehensive Plans fail to address the multi-cultural aspects of the County's population. The D.E.O. will provide a central and essential mechanism for professional directions relative to rapidly increasing multi-cultural populations of Collier county. Finallv. after the recent Los Angeles eruptions, practically all the leadership of this country realizes that all levels of government must plan and implement policies that increase equal opportunity and decrease hopelessness. The 80% of citizens who are in "protected classes" are at least as important as the "protected species" which are addressed in specific goals of the respective Comprehensive Plans. RECOMMENDATION: That the Board of County Commissioners instruct the County Manager and staff to create a Department of Equal Opportunity, to be implemented in phases over the next four to five years, and to include the funding of PHASE I and six months of PHASE II in the FY 92/93 budget. PREPARED BY: BLACK AFFAIRS ADVISORY BOARD: c- ribble, Subcommittee Chairperson ~ ,V1 i.. J1dC1J . ~y Word, Chairperson ,I , .;; ~.'1' o - / ;;, - ,~ Date: CO-SPONSORED BY: HISPANIC AFFAIRS ADVISORY BOARD: ~ ? f2....- J.-J.-L.- da Riddle, Esq., Chairperson Date: l,-t<-'1a. ::'ENrr5c9 ['JUN 2,3 92 PI- .3 As an advisory body with limited timE and resources~ we are not in a position to b~ able to accurately identify the costs that IDay be associated with implementing the objective; indicated above, We are mindful of the present fj~anclal constraints upon the county government and believe that phased staffing and utilization of t2deral funds for staffing will greatly reduce the immediatE. fiscal impact of this activity, and for th~ near f~tur2. We also believe that~ despite present financial constraints, it is imperative that this activity begin immediately. ~n uneducated guesstimate is that $10~OOO - $15,000 per month ~~ be ~Equired the first sih months. In any event, a reasonable cammittment will require the expe~diture of a reasonable amo~~t of funds. The commitment of such funds can easily out~eigh the costs of lost state and Federal monies, as well as administrativ~ and judicial actions, which are more likely tJ Qccur by not making such a commitment. F I SeAL I MF'ACT: SubsequEut to our first draft of this proposal, county staff provideD us with somE Estimates of staffing costs. ihese estiffi~ted staffing costs are indicated in Attachment B. Lastly, even at it; maximum funding level, the cost fer the DED is ffiinu~cul2 relative tD the total county budget. The expenditure of such a relatively sffi~l~ sum is minute Tor the purpose of insuring that 70-80% of the County popul~tiGn is treated fairly and i~ cOffiDliance with Florida and FeDeral laws. rfOill Gur GE,spective~ money is not an "opErational iSSUE when you cDnsider that apprc!imatelv !1671000 during thE first year is only .8u056% of thE $300.000,000.00 County budget for tne y~ar. Likewise~ the ful~ stafflng budget of $395,000 projected for 1996 ~ould be only .0013 of a t300.000,0~C.OO budget. These arE the reasons ~2 belieVE st;QD~ly that money is net a substantiVE issue relative to t~s cra;tion and operation of such an agency. f(Q,.ooai C-oc.;red 8v ___~_~i:__~}:-~~-~~~~~~(,i~-- He," i L". Iyl'-'....,l!:"~ 'I<:,IDul::'r Blac~ Aff~irs AdvisQry Eo~rd Date __~_~~!_4~~c?~~' 7 ,,!,E.lD!fJ~\ ho. :J JlJN2,392 /I PI!- ------------------------------------------------------------------------- iEARL Y 351270 ,....,1 92/93 l:" '13;' 94 FY 94/95 F'I 95/96 , , , , -------- -----,--- -------- -------- -------- -------- -------- -------- 1i8.614 118,614 118,614 118,614 (3) 43~701 97,401 97,402 97,402 (3) .~ " 114 88,228 88,228 .,....1 (3) 27,739 55,477 (3) 17~635 ------- ------- ------- ------- (1) 167.315 (1) 260,130 (1') 331,983 (" 377,356 " BASIS ------ ----,-- Phase I Ph.se Ii Phase 1_.1. Ph.;se 1 '/ FhaSE V H18,614 r,-' r. ,','-, 7i..,.!.'L 88,228 :,5~477 (1) (2) 394:'191 The above data does not include offiCES, furniture, operating Expenses! telephone, electricity, etc. (1) This sum is based on ~11 indicoted employees being on the payrc11 effective the flfst daY of the indicated Phase. ("' .:.) FY 96/97 {3) 1/2 Year We t~ank the Coll:~' County Department of AG~iDistra:ive ServiCES tor figures fOr estimated base salari2= and fringe b20Erits. providing .,.. '-. ~ '-lit:: ~~<1~~) JUN2,392 Pl- 24, . 1 to June 10~ 1992 \ ' ~ )o.c-,~)'\....,-, '~',,-'--"'--' Mr. Neil Dorrill, County Manager Collier County Government Center Naples~ FL 33962 Dear Mr. Dorrill: Pursuant to your discussion with Henry C. Tribble, and a vote by the Black Affairs Advisory Board (BAAB) on this date, I am formally submitting the Collier County BAAB's proposal for the creation of a Department of Equal Opportunity. We have taken seriously our charge from the Collier County Board of County Commissioners. This proposal is based upon the evaluation of significant data regarding the operations of Collier County Government. It is also based upon the obvious (for those who will observe) paucity of Blacks, Hispanics and womEn in the "non-traditional" workforCE of the county, both government and private SEctor, and the total absence of resources to address the problems. We also belieVE there is much to be done by both SEctors relative to accessibility for disabled persons. Collier County, as almost all sections of the USA, and especially the South, has a long history of denying equal opportunity. While some of the more blatant discriminatory practices may have sGbsided, experiences in this country and th~ state of Floridd haVE shown thdt significant increaSES in equQl opportunity do not occur suddenly~ in a vacuum and ~ithout the dedication of appropriate and professionalized laws and resourCES. As the BAAB~ WE bring insights that few Anglos have or are willinQ to admit relatiVE to the lack of equal opportunity. We have forged this irsight with objectivE data a0d legal mandates as the bages fo' this recommendation. We ;r2 an advisory body and are presenting our best advice relatiVE to the issues of equal opportunity. WEl 2S a body. are not charged to De an implementing agent. AdditiGnally~ we do not haVE the legal authority or rEsourCES to be an implementing agent. Lastly: it is not our r~spDn5ibilitYl but that of Collier County government; tc insure that the spirit and law of equal opportunity are given the legal and resource commitments to make those principles a reality In this county. ThereforE~ we request that this proposal be submitted as an agenda item for consideration by the ColliEr County Board of County Commissioners at its June 23, 1992 regular mEeting. Your assistance is highly appreciated. Eincer21y~ Larry Wordi Chair Black Affairs Advisory Board EnclDsure - DED Proposal a~d Attachments c; All Endorsing OrganiLations BAAB Membe(~. HA;~B Members (l/r,+1 //2. t> - PI.&- €J COLLIER COUNTY GOVERNMENT DIVISION OF ADMINISTRATIVE SERVICES HUMAN RESOURCES DEPARTMENT 3301 E. TAMIAMr TR. NAPLES, FL 33962 (813) 774-8460 _.._._-,._-,---._----~ A CERTIFIED BLUE CHIP COMMUNITY January 22, 1992 Gail Golman Holtzman, Attorney at Law Hogg, Allen, Norton and Blue Hyde Park Plaza - Suite 350 324 South Hyde Park Avenue Tampa, FL 33606 Dear Gail: As we discussed today, enclosed is a proposal from the Black Affairs Advisory Board recommending the creation of a Department of Equal Opportunity. The proposal includes objectives, recommendations and staffing charts relating to internal and external EEO, Fair Housing, technical education and assistance, compliance, ADA, etc. please review this information and identify any legal issues and related matters which we should inform the Board of County Commissioners prior to their deciding this issue. At this point, this is still a proposal which will be discussed at the Black Affairs Advisory Board meeting on February 12, 1992. Leo Ochs and I will probably be asked to attend this meeting and we definitely want your input prior to February 12, 1992. I will call you next week to discuss this matter with you. As always, thank you for your assistance. Sincerely, ~ \ OfYv- Thomas C. Whitecotton Human Resources Director cC:\Leo E. Ochs, Administrative Services Administrator Ken Cuyler, County Attorney TCW:dg/7396 ,. TO: FROM: DATE: SUBJECT: PRIMARY OBJECT! VES: D RAf~~ll\ The Collier County Board of County Commissioners Larry Word, Chairperson Collier County Black AffaIrs Advisory Board January 14, 1992 Recommendation for the Establishment of a Collier County Department of Equal Opportunity I. To insure that all citizens in Collier County's increaSingly diverse population are afforded equal opportunity and non- discrimination as defined by applicable Federal and Florida laws, in employment, public accommodations, housing, the provision of Collier County services, participation in Collier County programs and the procurement of goods and servIces by Collier County. 2. To establish effective laws and centralized administrative resources to effectuate Objective Number I and those below. 3. To provide a centralized uehicle for effectively anticipating, preventing and resolving intergroup relations problems which are bound to exist and occur in a rapidly growing, increasingly diversified community such as Collier County. 4. To provide staff support, coordination and liaison relative to the Collier County Hispanic and Black Advisory Boards and other present and future bodies of a similar nature. 5. To provide effective laws and mechanisms to insure compliancE with existing state and Federal laws. b. To reduce the occurrences of unrest, state and Federal administrative actions and litigation relative to allegations of legally prohIbited discrimination and to provide professional expertise and resources to effectively resolve such activities that -do occur, in a manner that reducEs human and finqncial costs to Collier County citi,ens and government. 7. To provide Technical Education and Assistance (TEAl to all elements of the community relatIvE to what is and is not required relative to county, state and Federal equal opportunity and non- discrimination laws. This pro-active objectivE will greatly help potE-nilal rEspondents who tru]i desire to "do the right thIng" and to avoid costly compliarJcE actions. It is also important to provide community outreach (COJ to educate protected group members to insure that they ~nGw thEIr rights under the law(s) and also know when matters do not meet the tests of those laws. BACKGROUND: FINDINGS: 8. To provide a centralized mechanIsm for Americans with Disabilities Act (ADA) related education and activIties. 9. Such other objectivES that are determinEd to be approprIate. As you are aware, this Board has taken great pains and deliberative efforts to seek Objective data on which to form conclusions and to make recommendations. We began our tasks by requesting substantial data from county agencies in order to ascertain the status of equal opportunity and non-discrimination, primarily in Collier County governmental operations, and in the private sector of Collier County. County staff and agencies have generally been responsive and helpful relative to our requests. As an advisory body, composed of volunteers with primary professional and family responsibilities, we have devoted our maximum time and efforts at reviewing the information provided. By virtue of our diverse backgrounds and coordination with the Hispanic Affairs Advisory Board, NAACP and other minority organizations, we also bring and obtained important information and perspectives from much of the county's minority population. This combination of information and perspectives serves as the primary bases for the Findings, Conclusions and Recommendations which follow. Our findings will be succinct. We have endeavored to obtain comments and suggested corrections from appropriate county staff and others as a means of increasing the accurancy and objectivity of this document. This does not necessarily imply that those persons wholeheartedly endorse all of our positions. The primary elements of our findings are as follows: I. Equal Employment Opportunity - Generally A. There are no county laws which insure equal oppDrtunity and non-discrimination in the emplDyment practices of governmental or private sectDr emplDyers in Collier County. Therefore, employers and protected group members must wait on state or Federal agencies in Washington, D.C., Atlanta, Miami or Tallahassee to obtain determinatiDn and resolution of issues. Education and technical assistancE are in scarce ExistenCE from such agencies. B. Collier County Government 1. Generally, there is SIgnificant linder-representation of minorities employed by the County, Especially In non- traditional middle and upper echelon posltions. The applIcant flow IS also undEr-reprEsentativE of minorities. ^, 2. Some affIrmative action and equal opportunity poliCIes and procedures have been or are being put into place (e.g., Department of Human ResourcEs and the Collier County Shoriff's Department>. It does', not appear as of this time that they have resulted in signIficant success. C. Private Sector Employment While we do not have hard data in this segment of employment, it is a given that employment discrimination is a significant phenomenon in this nation and state. There is therefore Every reason to believe it is one of significancE in the Collier County private sector, esoecially in light of the absence of locally enforced laws, rapid increases in the numbers of minorities, bad economic times, and the non- existence of local technical assistance and education on what legally constitutes discriminatory practices. II. Public Accommodations While it is hoped that in 1992 this is not generally a major problem in Collier County, mechanisms and laws do not exist to address the hopefully relatively few instances which may occur. III. Housing There is a County Fair Housing Ordinance which prohibits discrimination in housing aDd provides for the filing of "informal complaints". As of this date we have not obtained a complete copy 01 that ordinance lor evaluation. However, there is little, il any, enforcement 01 which we are or have been made awar e. IV. County Services We are not aware of any county laws or mechanisms which are geared to insure equality and non-discrimInation, relative to generally designated .protected groups", in the deLivery 01 county services. Federal law (e.g., Title VIol the Civil Rights Act of 1964) requires non-discrimInation in the provision 01 services that are lunded in whole or part by Federal lunds. Basic constitutional prIncipals allow lor judicial remedies if there is discrimination Dr the denial of equality relative to "protected groups". V. Participation 10 County Programs There appears to be an absenCE o~ county laws and mechanisms as indicated for county services above. There are probably more Federal funds used for programs than serviCES and therefore greater legal responsibillty tD insure non-discrimlnation and equal opportunity relatlve to participation in county programs. SUMMARY: CONCLUSIONS: VI. County Procurement of Goods and ServIces There are no county laws or formal mechanIsms to insure that protected group indivIduals and businesses are afforded equal opportunity in obtainIng contracts to provide goods and servIces to the county. We understand there are informal actIvities that are aimed at increasing the particIpation of such groups in the procurement process. Providing true equal opportunity and affirmative action in this area has extremely far reaching implications beyond the primary individuals who may be the beneficiaries. It can greatly enhance the economic viability of those groups and communities who historically and presently are essentially left out of the economic mainstream. Additionally, Florida Statute; Chapter 287 requires counties to have goals for contracting with protected group members. The use of some state and Federal funds bring similar mandates. Failure to have appropriate mechanisms and results will subject the county to litigation and loss of badly needed funds. VII. Americans with Disabilities Act (ADA) This legislation transcends all of the above and more. The sweeping requirements on all segments of our society, governmental and private sector, places astounding technical, legal and operational demands which few are adequately prepared to meet. These requirements will readily and greatly impact on Collier County because of its rapid growth and sizeable elderly population. While we did not specifically look at what mechanisms exist to deal with this legislation, it is our guess that apparatus to effectively respond to the requirements do not exist. If we are in error we bear being corrected. Centralized effective mechanisms, based on Collier County laws and professionalized resources, do not exist to insure equal opportunIty and non-discrimination in Collier County. Without appropriate laws, concentrated and coordinated organizational and professional efforts, dedicated resources and committment, education, technical assistancE and enforcement apparatus, etc., there cannot and will not be equal opportunity and non-dIscrImination in the operation of Collier County governmental or private sector arenas. This is especially true in light of the rapid Increase of minorities and during bad Economic timES. While there are equitablE~ moral and constitutional principals which generally reqUIre such efforts by local governmental bodIES, there are previously E~isting state and Federal laws and agenciES that specify areas of complIance, for which failure to achieve [~n mean the loss of revenUES avaIlable to the county. There are also the cOffiprehensivE requirements of the ADA' Lastly, and hopefully most 1mportant to you, there 1S the responsibility (which each ffiember of the Collier County Board of County Commissioners made great efforts to obtain) to insllre equal opportunity, non-discrImInation and thE Economic and SOCIal development and well being of all pf:rsons and groups governed by you. 4 RECOMMENDATIONS: FISCAL IMPACT: Prepared By In every other major area of governmental conCErn Collier County has devoted the resources, centralized and coordinated organizational mechanisms and weIght of county law in order to effectively address the requiremEnts of each area. W2 belIEve that gquitable devotion to the concerns addressed here,n are In the best interest of all of Collier County. We also believe that state and Federal laws ooerationallv require the actions WE fequest. We strongly recommend the immediate establishment of the Collier County Department of Equal Opportunity (DEOl. The OED should report directly to the County Manager because of the sensitiVE nature of its mission and its having oversight or liaison responsibility relative to most other county agencies. The role and scope of the OED should be to implement and lor coordinate the above Objectives and other activities deemed appropriate by the Board of County Commissioners. A recommended Organizational Structure and appro'Jmate time lines for phased implementation are indicated in Attachment A. As an advisory body with limited time and resources, we are not in a position to be able to accurately identify the costs that may be associated with implementing the objectives indicated above. We are mindful of the present financial constraints upon the county government and believe that phased staffing and utilization of Federal funds for staffing will greatly reduce the immediate fiscal impact of, this activity over the ne,t several years. We also believe that, despite present financial constraints, it is imperative that this activity begin immediately. An uneducated guesstimate IS that $10,000 - $15,000 per month ~ be required during FY 1992. In any event, a reasonable committment will require the expenditure of a . reasonable amount of funds. The commitment of such funds can easily outweigh the costs of lost state and Federal monies, as well as administration and judicial actions, which are more likely to occur by not making such a commitmEnt. County staff 's presently in a bEtter position to give cost estimates based on Attachment A. DatE ------------------------------------ ---------------------- H~nry C. Tribble, Member Black AffaJr. AdvJsory Board < " ENDORSEMENTS: We endorsE' the above proposal. Any Exceptions or additlonal comments will bE addressed by a separate letter. Chairperson, Hispanic Affairs Advlsory Board ------------------------------------------------ Date --------------------- President, Collier County NAACP ------------------------------------------------ Date --------------------- LULAC ------------------------------------------------ Date --------------------- ------------------------------------------------ Date --------------------- ------------------------------------------------ Date --------------------- . A T T A C H MEN T A ------------------ BOARD OF COUNTY COMMISSIONERS -------------------- COUNTY MANAGER :--------l COUNTY ATTORNEY ------------------------ ------------------- :ADMINISTRATIVE SERVICES: ----------------------- Human ResourCES Purrhasi ng Svrs [1) DIRECTOR DEPT. OF EQUAL OPPORTUNITY: [1) [4 ) ADMINIS:TRATIVE ASSI:STANT RECEF'T I ON I ST l -- : CLERK ------------------------------------ ----------------------------- [1) (B) ASST. DIRECTOR - DEO [2) DIRECTOR - - - - - - - - - - - COMMUNITY OUTREACH/ TECH ED & ASSISTANCE COTEA - DBE DIVISION COMPLIANCE DIVISION ------------------------------------ --------------- ------------- [IJ [ 3J CLERICAL (8) : -----------: CLEFIl CAL [5 J [3 ) [2 ] r 4) r:",) CO: TEA: INTERNAL: EEO D8E FAIR HOUSING ~( F' A EXTERNAL EED -------------- 7 1. The brac~eted numbers indicate the phase in which staff w,ll be hIred. 2. The dotted line to the CA indicatEs liaison with and reV1EW and advicE by thE CA regarding legal matters. ~. The dotted line to Administrative SerVices indicates liaison 'relative to internal EEO and DBE activities. DBE, Disadvantaged BusIness Enterprl.es, includes Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) . 4. (Bl = Bilingual (Spanish) capability reouired. This capability will be sought for other positions on an as needed basIs. 8 ORGANIZATIONAL PHASES PHASE ONE - Beglns with establishIng DEO - End of FY92 MAJOR ACTIVITIES STAFFING 1. Establishing Office and Procedures (1) Dlrector, DEO (2) Administrative Assistant (3) Director, COTEA 2. Drafting Ordinance and Administrative Code A. DBE Provisions B. COrEA Provisions C. Internal EEO Provisions D. Liaison with Advisory Boards 3. Establishing Liaison and Procedures wIth Advisory Board!sl 4. Establishing Liaison and Procedures wIth Administrative Services regarding Internal EEO 5. Same As Above regarding DBE Programs and Disparity Analysis 6. Board of County Commissioners Pass Amendments to Ordinance 7. TEA Needs Assessment in the Business Community B. Establishing Procedures for Equal Opportunity Review of County Programs 9. Locating Federal, State and Local Sources for Funding (EEOC & HUD Compliance Agencies, and other Federal grantsl. 10. Establishing Liaison with State and Federal Equal Opportunity Agencies 11. Plan Training Board of County Commissioners, Department of Equal Opportunity Staff, County Attorney Staff, Administrative ServicEs Staff, Other County Officials, Minority CommunIty Leaders, Business Community Leaders. 12. Develop DBE CertificatIon Application and Procedures 13. ASSEssing Present and Future OrganIzational Developn,ent of the DEO. ~ PHASE TWO - MAJOR NEW ACTIVITIES 1. Drafting Compliance Amendments to Ordinance A. EEO Provisions B. Fair Housing Provisions C. Public Accommodations Provisions 2. Developing Posters 3. Developing DEO Brochures 4. Locating Federal and State Sources for Funding 5. Maintaining Liaison with State and Federal Equal Opportunity Agencies 6. Implementing Training (#11 Phase I) 7. Developing DEO Compliance SOPs B. Implementing DBE Program A. DBE Identification and Certification B. DBE Capability Assessment C. DBE Training Regarding Collier County Procurement Processes D. Identification of Special DBE Procurements E. Enhancement of DBE Capabilities F. Identification and RemDval of Barriers to Contracting with DBEs, Where Appropriate. G. Establishing Goals for Contracting with DBEs, If Feasible H. Institute DBE Goals, If FEasible 9. Developing Complaint Forms A. Internal EEO B. E,ternal EEO C. Housing D. Public Accommodations 10. ASSEssing Present and Future Organizational Development of the DEO 10 NEW STAFFING III Director - Compliance (21 DBE Specialist 13) SecrEtary - COTEA/DBE PHASE THREE - MAJOR NEW ACTIVITIES 1. Determine DBE Goals for FY ~ .., Institute DBE Goals for FY 3. Explore Mentor-Protogee Program 4. Plan Second Annual County-Wide Equal Dpportunity Workshop Conducted by Federal, State and Other Officials 5. Continue Seeking Federal, State and Local Funding Sources 6. Assess Present and Future Development of All DEO Operations PHASE FOUR - MAJOR NEW ACTIVITIES 1. Review and Refine Operations 2. Ascertain Need for Expanded COTEA Program ~. A55~S5 Present and Future Organizational Development of the DED PHASE FIVE - MAJOR NEW ACTIVITIES 1. Expand COTEA, if needed ~. ASS~S5 PrE~ent and FuturE OrQani~ational DevelopmEnt of the DED 11 NEW STAFFING III (2) I:', I External EEO Specialist Internal EED Specialist SEcretary - Compliance NEW STAFFING (I) Receptionist/Clerk (2) Fair Housing & P A NEW STAFFING II! COTEA SpEcIalIst - if nEeded September 14, 1991 collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 33962 Dear Members of the Board of County Commissioners: At this, the organizational meeting of the Black Affairs Advisory Board, we wish to take this opportunity to tha~k and congratulate you for the establishment of this Board. We expect that this will be the first of many affirmative actions on your part which are aimed at developing harmony, equity and equal opportunity for all the residents of our increasingly multi-ethnic county. 'This action says to us that you realize that harmony, equity and equal opportunity cannot exist in such a community based on chance; In fact, positiveaction~ by governmental leaders are prerequisites to the possibilities of the existence of these social phenomena. This has been demonstrated throughout ,our nation and in hundreds of communities during the past twenty-five (25) or more years. . We also wish to take this opportunity to state our goals and our charter, as we see them. We believe that, at a minimum, we are charged with the following: 1. We will endeavor to ascertain, with your assistance, the facts relative to the present existence of, and future needs for mechanisms which are'geared to establish, promote, and maintain harmony, equity and equal opportunity among all residents of Collier County. Based on the facts obtainable from governmental, community and other relevant sources, We will make constructive recommendations for your review and implementation. Our recommendations will be straight forward and 'without unnecessary rhetoric or inflammatory' intentions. ... 2. 3. While we are the Black Affairs Advisorv Board, and will primarily concentrate our focus on concerns of the "Black Community," this Board and this county would be remiss by not giving proper attention to all of those communities which are relevant to establishing, promoting and maintaining the principals previously mentioned. Therefore, we will attempt to coordinate .....- Page 2 and cooperate with the Hispanic, Haitian, Native American and other communities that we anticipate will have similar, as well as different concerns, that are relative to common goals for a better Collier County. Therefore, we plan to meet with and obtain input from various components of the county. 4. We may contact other counties in southwest Florida to, obtain information on their views, programs and experiences relative to our goals and charter. As a first step in obtaining objective f~ctual data, we must 'begin by collecting information which 1S, or is at least required by law to be available with county government. We cannot advise you about what should be done until We know what exists. Therefore, pursuant to section Seven of the ordinance creating this body, we request to be provided with the following information: . 1. Copies of the EEO-4(s) that have been filed with the u.S. Equal Employment opportunity Commission for the three most recent filing periods. ___ 2. Any other compilations regarding county employees during the last three years, which reflect the ethnicity of the county governmental agencies. --- 3. List of all projects and programs for which federal and/or state funds have been awarded or received for ,the three (3) most recent years. For each, give (a) a brief description; (b) the source and amount(s) of federal or state funds; and (c) copies of the civil Rights Ass~rance(s) of Compliance which were filed with the federal or state agency(s) which awarded the funds. 4. Copies of all county affirmative action plans which have been developed to insure or promote equal opportunity in em~loyment by county governmental agencies. 5. Any other information 'which will assist us in evaluating the efforts by, and status of Collier County relative to equal opportunity in employment, contracting, and the providing of services. , 6. Lists of Collier County Capital Improvement Projects dated as close as possible to July 1991, 1990 and 1989. Please mark each project with the following identification: "F~' . = those that were partially or fully funded by federal funds; "S" = those that were partially or fully funded by state funds; -- Page 3 "W" = liB" = "H" = ..a" = those that are in primarily White neighborhoods; those that are in primarily Black neighborhoods; those that are in primarily Hispanic neighborhoods; and those that are in other neighborhoods. 7. Information which is relevant to the activities taken by Collier county Government to promote opportunities for minorities to participate as vendors and contractors in -'county procurement and construction programs. 8. Identify, if any, county imposed requirementsand/or qualifications for obtaining county occupational licenses. 9. Any other information complied by or in the possession of Collier County staff or officials which includes data that shows ethnicity in county-related programs, operations, or activities. . 10. Copies of all plans, reports or documents completed by, or in the possession of Collier County staff or officials, relative to the issue of equal educational opportunity in Collier county Public Schools. 11. Copies of all complaints which have been filed against Collier county with state or federal administrative agencies or courts, that allege unlawful discrimination based on race, color, ethnicity, or national origin. 12. Provide a report on the status of redistricting pursuant to the 1990 census that includes the following information: a. 'List of staff and advisory personnel, by ethnicity and sex, who are involved in developing the redistricting plan; b. copies of proposed or draft plans which reflect the ethnicityof "districts"; c. A schedule for completing the redistricting plan; d. Requirements, if any, relative to reporting redistricting activities to the U.S. Department of Justice; and e. Any other information relative to redistricting activities. 13. And lastly, we would welcome recommendations or information from Collier County officials relative to their perceptions of the status of equal opportunity for minorities in county programs, operations, and the county at large. -- Page 4 This request for information pertains to all relevant Collier county agencies, including constitutional offices. The activities of all offices impact on whether the minority communities are being accorded equal opportunities, as required by law. Therefore, we hope that our requests will not be bogged down by questions of jurisdiction among county entities. We . take your charter to us seriously, as we believe your sincerity in granting it to us. We are dedicated to the effort ,required, as evidenced by our willingness to review the above-requested information in order to "...identify and, evaluate problems unique to the Black community." We look forward to working with you toward our mutual goal of abetter Collier County for all of its residents. . We note that you are in the process 'of creating an "Affordable Housing Commission." According to news media accounts, it does not appear that there are plans to include persons from groups that are most in need of such housing. Therefore, if this assessment is accurate, our first recommendation to you is that minorities, and non-minorities who best represent the interest of those most in need of affordable' housing be included in the membership of the commission. Sincerely, For the, Collier County Black Affairs Advisory Board, ~~ ~word' Chairperson cc: Neil W. Dorrill, County Manager Jennifer~. Pike, Assistant to the County Manager .Margret B. Bowles, Growth Management Analyst and staff Liaison to Black Affairs Advisory Board Ramiro Manalich, Assistant County Attorney Hispanic Affairs Advisory Board P.S.We recommend that you carbon copy the Hispanic Affairs Advisory Board with your responses to the requests outlined in this letter~ We believe our inquiry and your response are also relative to some of the concerns of the Hispanic communi~y. -- . .~tCEIVED LAW OFFICES HOGG, ALLEN, NORTON & BLUE PROFESSIONAL ASSOCIATION HUMAN DC',_ l'll~ ..)!}; i :', '. '.. ,~. , "~:\' TAMPA OFFICE HYDE PARK PLAZA-SUITE 350 324 SOUTH HYDE PARK AVENUE TAMPA, FLORIDA 33606 8131251-1210 TELECOPV 813/253'2006 CORAL GABLES OFFICE 121 MAJORCA CORAL GABLES, FLORIDA 33J34 305/445-7801 TELECOPY 305/442-1578 ORLANDO OFFICE BARNETT PLAZA, SUITE 740 201 SOUTH ORANGE AVENUE ORLANDO. FLORIDA 32801 407/843-0437 TELECOPY 407/422-7368 REPLY TO: Tampa February 7, 1992 Mr. Tom Whitecotton Collier County 3301 E. Tamiami Trail Building F - 8th Floor Naples, FI 33962 Re: Department of Equal Opportunity CON FIDENTIAL HOGG. ALLEN, NORTON & BLUE, P.A. ATTORNEY-CLIENT PRIViLEGE Dear Tom: You had requested our advice regarding the legal implications of a proposed policy designating creation of a Department of Equal Opportunity. This proposed policy specifies, in part, objectives, background, findings and recommendations. Set forth below are my concerns from a legal perspective regarding adoption and implementation of this program. First, included in the Findings is a statement that "there is significant under-representation of minorities employed by the County, especially in non-traditional middle and upper echelon positions. The applicant flow is also under- representative of minorities." Further, the Findings include a provision that "[s]ome affirmative action and equal opportunity policies and procedures have been or are being put into place... It does not appear as of this time that they have resulted in significant success." There is no explanation of these statements or substantiation for such broad and sweeping statements. Absent a statistical analysis by a qualified, neutral professional person or organization, under the current state of the law, the County cannot accept the conclusion that there is underutilization. Moreover, these statements could be used as damaging evidence I , ;J. )- ';---r I{,,-{J-tt'w-'\.A..':---t\ ),i " v, ~ ^":1 'JI'"'0'i' ,.p:., , 1.-vU:'...- {~\:j.L~:' i. ,..__' ,c---Co.: .(.,__-.-. .~ V_-f' against the County in discrimination suits, making such actions more difficult to defend. other generalized and unsubstantiated statements to this effect also appear elsewhere in the policy. For example, in the section pertaining to "Private Sector Employment," the policy states: "[t]here is therefore every reason to believe [employment discrimination] is one of significance in the Collier County private sector, especially in light of the absence of locally enforced laws... The "Housing" provision states that there is little, if any enforcement, [of fair housing] of which we are or have been made aware." Also stated is that there appears to be an absence of County laws and mechanisms to insure equality and non-discrimination in the delivery of County services. The policy further speculates that the County does not have the apparatus to effectively respond to the requirements [of the ADA]." These statements, which appear to be without any substantiation, again could be used as evidence against the County in lawsuits alleging discrimination, including those based on raCe and handicap. In section VI, "County Procurement of Goods and Services," the policy advocates affirmative action in contracts to provide goods and services to the County. The Supreme Court held in citv of Richmond v. Croson, 488 U.S. 469 (1989), that a public employer must demonstrate a compelling governmental interest in apportioning public contracting opportunities on the basis of race. Further, the Court specified that a public employer must have a past finding of discrimination before embarking upon an affirmative action program and that the plan must be narrowly tailored to remedy the identified discrimination. In striking down the plan, the Court noted that the City had failed to consider race-neutral means to increase minority participation. The Court made clear that in the absence of a finding of past discrimination, race-neutral measures should be taken in public contracts, as such increasing training opportunities, relaxing bonding requirements and simplifying bidding requirements for contracts. 'I'his concept has been judicially expanded beyond public contracting into other public employer activity where preference is granted based on race. 1 In one recent caSe where the Eleventh Circuit Court of Appeals refused to summarily strike a set-aside plan in public contracting, the court distinguished Croson on the basis that Hillsborough County had undertaken a statistical study revealing discrimination in construction contracts. Cone Corp. v. Hillsborouqh Countv, 908 F.2d 908 (11th cir. 1990). The court however, relied on anecdotal evidence of discrimination as well as statistical evidence. 2 HOGG, ALI,EN, NORTON & BLUE PROFESSIONAL ASSOCIATION In the absence of a finding of past discrimination, I * believe the County would subject itself to liability in a reVerse discrimination suit should it provide preferential treatment to minorities in the awarding of contracts. In sum, this proposed policy if adopted as county policy contains very damaging admissions of discrimination and non- compliance with various laws, which appear to be without factual support. These statements could be used as evidence against the County and could make the County's chances of prevailing in future discrimination lawsuits more difficult. Further, the proposal advocates affirmative action measures that could subject the County to reverse discrimination suits in the absence of proper findings regarding evidence of past discrimination and underrepresentation of minorities. Please let me know if you need additional information. e~62~ 4~ GGH/mm 3 HOGG, ALLEN, NORTON & BLUE PROFESSIONAL ASSOCIATION .' MEMORANDUM DATE: February 7, 1992 TO: Leo E. Ochs, Administrative Services Administrator FROM: \ Thomas C. Whitecotton, Human Resources Director \~~)~ SUBJECT: Black Affairs Committee Recommendation to Establish a Department of Equal Opportunity Documented below are my comments relative to the above referenced subject. I will provide you the information from our Labor Attorney regarding: this matter under separate cover. Additionally, I have already given you the cost estimates associated with this proposal. Finally, the comments below relate solely to internal and external EEO. Other aspects of the proposal (fair housing, purchasing, etc.) do not impact the Human Resources Department. 1) I don't agree with some of the conclusions included in the proposal regarding under representation in employment and applicant flow and the statement that employment discrimination in the private sector is a significant phenomenon in the Nation, State and Collier County. On what basis were these conclusions .made? 2) I would support a "reasonable" Affirmative Action (AA) Plan subject to our Labor Attorney's opinion on the appropriateness of adopting and implementing an Affirmative Action Plan. The AA plan should be "general" in terms of goals, time tables, etc. 3) Great discretion should be exercised in establishing the responsibilities of the department particularly in the enforcement area. We do not want this department to "approve" hirings and/or stop the process. 4) It is certainly positive to have assistance in recruitment and community outreach. Additionally, having a central agency for ADA is positive. However, what will be the role of the Department of Equal Opportunity in ADA matters? 5) Currently the Commitment to Fair Treatment procedure follows the "chain of command" in regard to discrimination complaints. Would this be changed to provide that the Department of Equal Opportunity investigate these claims? , February 7, 1992 Page 2 6) External EEO should be totally Administrative Services Division and Human Would external EEO include "outside" public School Board and City of Naples? detached Resources agencies from the Department. such as the A. Does internal EEO Constitutional Officers? dedicated to internal EEO include the Sheriff and the If not, having a position seems extensive. other solely 7) In terms of the staffing recommendations, what is very extensive. I feel some of these positions can be (i.e. Senior Secretary rather than Administrative Analyst instead of Directors, etc.). proposed is scaled down Assistant, 8) What are the time frames associated with the four phases? 9) It is proposed that Manager particularly due Constitutional Officers? control the activities of this department report to the to liaison responsibilities As you know, the County Manager the Constitutional Officers. County to the can not 10) There is a statement in the proposal to look at Federal funds to staff the department. I have researched this matter and am not aware of any available Federal funding for staffing for employment issues. This may be different for housing, public accommodations, etc. 11) We need to be sensitive to possible conflicts of interest in the processing of internal EEO complaints. The County Attorney's office may be asked to provide legal assistance to the Department of Equal Opportunity. If it is concluded that a discriminatory act was committed by a County staff member, then the County Attorney's office may be put in a situation of defending the County's interest. This could be a very awkward position. 12) An Affirmative Action plan and/or the creation of this department will create more record keeping and tracking of applicants. Additionally, operating departments will probably have to provide more justification for hiring decisions. This is not necessarily bad but will most likely be perceived negatively by Managers and Supervisors. Should you have any questions concerning the above, please let me know. TCW:dg/7493 EXECUTIVE SUMMARY RECOMMENDATION FOR THE ESTABLISHMENT OF A COLLIER COUNTY DEPARTMENT OF EQUAL OPPORTUNITY ------------------------------------------------------------------- OBJECTIVE: To present a joint request from the Board of County Commissioners' Black Affairs Advisory Board and Hispanic Affairs Advisory Board to centralize all Federal, state and County requirements regarding non-discrimination and equal opportunity under a new administrative mechanism to insure the availability of professional services to a broad spectrum of the County's minority, female and disabled persons who represent 70-80% of the population of Collier county, and further to insure that Collier County Government is in compliance with Federal and state equal opportunity and non-discrimination laws. BACKGROUND: On May 14, 1991, the Collier County Board of County Commissioners created the Black Affairs Advisory Board and the Hispanic Affairs Advisory Board, as permanent advisory boards, to (1) identify and evaluate problems unique to the Black and Hispanic communities, and (2) recommend ways to ensure open communication between minorities and county government to help promote and foster better understanding of problems facing the minority populations. Taking our responsibilities serious, oVer the next twelve months both advisory boards established sub-committees to conduct research into the major areas of housing, education, crime, employment, business opportunities and government relations. County staff working in the areas of contracts, grants, employment and population census provided information and briefings. Community organizations representing special minority interests were invited to express their concerns. Professionals working in the field of minority affairs Were interviewed. In the end, the consensus among members of the advisory boards was that primarv to the success of all minority issues is the need to create a centralized vehicle to effectively implement and communicate the government's role in providing essential programs to ensure equal opportunity for the maioritv of Collier County citizens. At present, this centralized mechanism does not exist in Collier County. As a result, the ability of existing county staff to effectively provide specialized expertise and resources is very difficult, if not impossible, even though the requirements of many Federal and state funding programs operationally require evidence of more formal, pro-active, non-discrimination programs than are currently in existence. Therefore, the need to create a Department of Equal Opportunity becomes the basis for successfully beqinninq the tasks before the highly professional and dedicated members of the Black Affairs Advisory Board and the Hispanic Affairs Advisory Board. While county staff have been most cooperative, their limited time and resources prevent them from effecting solutions to the very real needs identified in the advisory boards' research. Much like the county government's responsibility to provide basic health and law enforcement services for its citizens, the need to ensure non-discrimination and equal opportunities for all citizens requires a deliberate and professional function within the government's organization. Once this centralized focus is created, your advisory boards are committed to work along side of staff and the Commissioners to fulfill their designated mandate. CONSIDERATIONS: The members of the Black and Hispanic communities respectfully request the Board of County Commissioners to review and consider the wide range of endorsing organizations and agencies, as listed in Attachment H of the proposal. Additionally, other organizations anticipate supporting this proposal once their boards reconvene after the summer hiatus. No organization contacted by the advisory board members rejected the proposal outright. FISCAL IMPACT: The proposal recommends implementing a Department of Equal Opportunity over several years and phases, as follows. (Detailed description of each phase is included in Attachment A of the proposal.) FY 92/93 FY 93/94 FY 94/95 FY 95/96 PHASE I $65,000 $118,821 $118,821 $118,821 PHASE II 48,701 97,402 97,402 97,402 PHASE III 44,114 88,228 88,228 PHASE IV 27,739 55,477 PHASE V 17.635 $113,701 $260,337 $332,190 $377,563 Many opportunities exist to fund programs and operating costs through grants from the Federal government, such as Community Block Grants, HUD, EEOC, etc. The commitment of these funds easily outweighs the costs of lost Federal and State monies, as well as administration and judicial actions, which can result from non-compliance. As of September 1991, Collier County had receive $36 million in Federal funds and $3 million in State funds for that fiscal year. The fully-phased department would represent only .0013 of the county's current $300 million budget. GROWTH MANAGEMENT IMPACT: This proposal will further both the City and County Comprehensive Plans by establishing a central, mechanism to assist remedial actions in the area of housing and planning as it relates to the county's broad range of special citizen needs. RECOMMENDATION: That the Board of County Commissioners instruct the County Manager and staff to create a Department of Equal Opportunity, to be implemented in phases over the next four to five years, and to include the funding of PHASE I and six months of PHASE II in the FY 92/93 budget. PREPARED BY: BLACK AFFAIRS ADVISORY BOARD: Mr. Henry Tribble, Sub-Committee Chairman DATE: Mr. Larry Word, Chairman HISPANIC AFFAIRS ADVISORY BOARD: DATE: Melinda Riddle, Esq., Chairperson June 10; lQ'i2 rir. Neil Dorrill, County Manager Collier County Government Center Napl es~ FL 2".3962 Dear r.1r. DOfri 11: Pursuant to your discussion with Henry C. Tribble, and a vote by the Black Aff~i,s Advisory Board "(BAAB) on this date; r am formally submitting the Collier County BAAB1s proposal for the creation of a Department of Equal Opportunity. We have taken seriously our charge from the Collier County Board of County Commissioners. This proposal is based upon the evaluation of significant data regarding the operations of Collier County Government. It is also based upon the obvious (for those who will observe) paucity of Blacks, Hispanics and women in the llnon-traditionall! workforCE of the county, both government and private s2ctorl and the total absence of reSQurces to addt-~ss thE problems. We also believe there is much to be done bv both SEctors r~lativE to accessibility for disabled p~r5ons. Collier County; as almost all s2ctions of the USA: and especially the SDuth~ has d. long :Jistory of den./ing equal opPDrtunity. While some of the more blfi.ta_nt discriminatory ~ractices may have subsided, experiences in this country and the state of Florida have shown that significant increases in equal opportGnity do not occur s~dd2nly. in a vacuum and ~ithout the dedication of approprl~te and professionall:ed laws and reSDurces. As the BAAS. we bring insights that few Anglos ha~e or are willing to admit relative to the lack of equal opportunity. We have forged this i~5ight with objecIiJ2 data ;~d legal mandates as the bases to' this recommendation. We ~re an advisory body and are presenting our best advice relative to the issues of equal opportunity. W21 25 a body, are not charged to be an implementing agent. Addi:ionally, we 00 not have the legal authority or reSOUfces to be an implementing agent. Lastly: it is not our r2spon5ibility~ but that of Collief Co~nty government= to lnsure that the spirit and law of equal opportunity are qiven the legal and resource commitments to make thOSE principlES a reality in this. county. Therefore; we reqUEst that tnls proposal be subQitted as an agenda item for conslderation by the Collier Countv Board of County Commissioners at its June 2:':.. 1.7"92 regu~cir meetlno. Your ds::istanc2 is h:ghlv appreciated. Ei nce;-~el y, Ldrrv Word) Chdir Black Affairs Advisory Board En:losure - DEO Proposal a~d Attacnments c: All Endorsing Organizations BAA'& Nembers:- HAAE\ f'1Embers ;'lEMORANDUM DATE: 0une 10, lQ92 TO: Black Affairs Advisory Board Members Hispanic Affairs Advisorv Board Member~ ~t2.<4. " Henry C. Trlbb12: ~1emtter Black Aff~irs Advisory Board FROM: RE; Department of Equal Opportunity PrDposal - Updates The purpose of th~s memorandum is to allow you to qUl[~(ly identify updates in the DED prDpcosa.l sincE the ttdrd draft dL~ted Na.rch 11: 1992. I do not belieVE any of them are substantive. These updates are necEssitated by timing of the formal presentation of the proposal to t~e BG2rd of County commissioners, inclusion of informational attachments7 clarified position titles on the chart, the addition of Position Descriptors~ proYlding for more flexijilitv regardlng bllingual (Spa~ish) ;","EquireiTlents~ r3.nd D'-,,;!fim;_tical cc,;-recti[tn~.. DED PROPOSAL j UPDATES ~ changed to September C - H durinG r:y 1992 changed to th~ Tlrst SlX months 2.dministrati\i~ changed L~ administration :,1:._ ' '1 ~ ./ 9 2 changed to durinc the first 6 months ~'. 8 (Dcg;.nizatiDnal Chart) Cl;cified titles. e.g., inv2stig;tor ;:,~, 3 8 ~( 9 \ Or 12 an i z;. t i Dr; a l ,~. '- - .- .~ i.... t; "', ~ After ;L:~ther consideration and conferrinq with the Chair of the Hispanic Affairs Acisory Board and others. the previous reouirement for Spanish speaking capability for the pOSition Assistant Director, DEDJDirEctor, S0TEA Programs Divi5ion~ has been chant~ed tD Co. requii"'"ement tDr at IeCl.st DliE (1) of the top three (3) positions. This ~pproach is believeD te be 125s rigid and to provide mnr~ flexibility. and Footnotes; pc<. '\ {i t, 11 POS1TION DESCRIPTORS - Pursuant to a good suggestion by County Manager Neil Dorrill, I have completed bri~f descriptions of thE functions Ot each staff perso0. These Descriptors should help clacify, position by posltion, the functions and activitlEs of the DEO as an entity. pp. 12-14 These chanoes in the time lines for Eacn phase (beginning with ~EDt2mber t. 1992 - March 30~ 1993) are made to conform with tns timing of the formal presenta.tion Ot this proposal. TO: FF:OI'1 : DATE: SUBJECT: PR I pri.':::'F;Y OBJECTIVES: TtlE Collier Countv Board of County Commissioners Lar~y Word, Chairp2~5Dn Collier County Black Affairs Advisory Board June 10~ 1992 . Recommendation for the Es~ablishment of a Collier County Department of Equa.l Opoortunity 1. To insure that all citizens in Collier County's increasingly diverse population are afforded equal opportunity and 000- ciscrimlnation as deflned by aoplicable Federal and Florida laws, in employment. p~bll[ accommodations (PA), housing, the provision of Collier County 5er~lcE5, participation in Collier County progra05 and the procurement of goods and s2Tvlc2s by Collier County. L. To establish effectiVE laws and centraliZEd administrative reSDurces to effectuate Objective Number 1 and those below. The laws to be established would prohib1t discrimination based OD 5e~ual pre+erence, race, color, religion, national origin, SE~, handicap/disability, marital status, and age. The term "protected groups", when usee nereIn, applies to the above cat2Qor12s. Tne types of discrimination prohibited will ilclude 2mp]o~ment. housing~ acces51bility and the provision of services and programs rElative to Collier County Government. Employmentl ho~sing, Dublic a[:om~Ddation5 and aCCEssibility discrimination will be prohibited by the public sector. The laws m;tchino protected groups witn types of discriminatIon should generally parallel present state and Federal laws. Therefore, not all protected groups will be covEyed 1n all types of prohibited di scr i ;,.,i nati on. To provide a cerltralized vehicle for effectively anticipating, Dreventing and resolving intergroup relatiDn~ probl20s which are bound tQ e~ist and occur in a rapidly growing, Increasingly civErsifiec community such ~~. Collier County. q. To pro ~de staff support~ coordination and 112i500 relative to the Collier County Hispanic and Black Advisory Boards, organ1:ations repr2senting the dIsabled cQmmunitYl women~ and ~hD~e Drotected by laws prohibiting discrimination based on age, ;nd other pr~5ent and future bad1es of a simil;r nature. < "'. To provide effective laws and mechanisms to insure complianCE ~ith E~i5ting state and Federal laws. B.4ct<GROUND: 6. To reduce the occurrenCES of unrest1 state and FedEral administrative actions and litigation relativE tD allegations of legally prohibited discrimination1 and to provide professional Expertise and resourCES to effectively resolVE suc~ activities that do occur, In a manner th~t reducEs human and financial costs to Collier County citizens and government. 7. To pro\.'ide Technical Education a.nd Assistance \TEA) to ~ elements of the community relatiVE to what is and is not required relative to cDunty~ state and ;,eoeral equal opportunity and non- discrimination laws. This pro-active objective will greatly help potential respondents who truly desire to ~dD the right thing'! and to avoid costly compliance actions. It is also important to provide COmmunity outreach (CO) to educate protected group members to insure that they know their rights under the law(s} and also know when mattfrs do not IDeet the tests of those laws. 8. To provide a centralized mechanism for Americans with Disabilities Act (ADAl related education and activities. 9. Such other objectives that are determineD to be appropriate. As you are awa~e, this Board has taken great pains and deliberative effDrts to seek ~ectiYe data on which to form conclusions and to make recommendations. We began our tasks by reqUEsting substantial data from county agencies in order toasc2rtain the status of equal OppG7tunity and non-discrimination, primarilv in Collier County governmental operationsl and in the private sector of Collier County. Countv staff a~d agencies have gen?rally bee~ responsive and helpful relati\.'e to our requests. In fact~ some staff persons have been extremely helpful. As an advisory body~ composeD of volunteers with primary professional and family responsibilities, we have devoted our maximum time and efforts at reviewing the information provided. By virtue of pu~ diverse bac~ground5 and coordination with the Hispanic Affairs Advisory Board, NAACP and other minority, disabled and women's organizations~ we ~lso bring and obtained important information and perspectiVES from much of the county's protected group population. This combination of information and p'ersp~~tives serVES as the primary bases for the FindinQ5~ Conclusions and Recommendations which f c.ll [;w. : FINDINGS: Our findings will be succinct. We havE endeavored to obtain comments and suggested corrections from appropriate county staff and others as a means of increa~ing the accurancy and objectivity of this document. This does not necEssarily imply that thOSE persons wholeheartedly enOO1'"!:E all cd our positions. The primary elements of our findings arE as follows: I. Equal Employment Opportunity - Generallv A. There are no county laws which 'insure equal opportunity and non-discrimination in the employment practiCES of governmental or private sector employers in Collier County. TherEfore~ employers and protected group members must wait on state ~'r Federal agencies in Washington, D.C., Atlanta, Miami or Tal1ahas5~e to obtain determinations and resolutions of complaints and issues, Education and technical assistancE are scarce or noneXIstent from such agencies. B. Collier County Government 1. Generally, there is significant under-representation of minorities and protected groups employed by the County~ especially in non-traditional middle and upper echelon positions. The applicant flow is also under-representative of such group!:. Some affirmative action and equal opportunity policies and procedures have been or are being put into place (e,g'l Department of Human ResourCEs and the Collier Count")" Sheriff'!:" DepartmEnt), It doe!: nDt appear as of this time that they have resulted in significant success. C. Priv~te S~ctor Employme~t Whi12 we do not have hard data in this segment of employment, it is a g:ven that employment discrimination is a significant phenomenon In this nation and state. There is therefore every reason to belieVE it is one of significa~cE in the CollIer County private sector, 2~D~[iallv in light of the absence OT locally enforCEd laws, rapid increaSEs in the numbers OT minorities and other protected groups, bad economic times, and the nOD-e~ist2n[e of local technical assistanCE and education on what legally constitutes discrimInatory practices. II. Public Accommodation's While it is hoped that in 1992 this is not generally a major problem In Collier CountYl mechanis~s and laws do not exist to addrfss the hopefully relatively few instanCES which may Qccur. III. HDusing There is a County Fair Housing Ordinance which prohibits discrimination in hou~ing and provides for the filing of "informal complaints". As of this date we have not obtained a complete copy of that ordinanCE for evaluation. However, there is little\ if any~ enforcement of which we a~E or have been made aware. Additionally, an >>informaln complaint process is not sufficient to enforce nan-discrimination. iV. County ServiCES We are not aware of any county laws Of formal mEchanisms which are geared to insure equality and non-discrimination, relative to generally desig~atEd ~protected groups>>, in the delivery of county services. Federal law (e.g., Title VI of the Civil Rights Act of lQ64) requires nDo-discrimination in the prevision of services that are funded in whole or part by Federal funds. Basic constitutional principals allow for judicial remedies if there is discrimination or the denial of equality relative to "protected groups'l. V. Participation in County Programs There appears to be an absence of county laws and mechanisms as indicated for county serviCES above. There are ~blv more Federal funds used for programs than serviCES and therefore greater legal rEsponsibility to insure non-discrimination and equal opportunity relative to participation in county programs. VI. County Procurement of Goods and Services There ~re no county laws Dr formal mechanisms to insure that protected group individuQls and businesses are afforded equal opportunity in obtai~ing cDntracts to provide goods and services to the county. We understand there are informal activities that are aimed at increasing the participation of such groups in the procurement process. Providing true equal opportunity and affirmativ2 action in this arEa has Extremely far reaching implicatioGs beyond the primary individuals who may be the bEneficiari2~', It cc;n gfEatl-~' enhanCE the EconDmic viability of those groups and comffiuniti2s who historically and presently are e5se~tially left out of the econoffiic mainstream. Additionally, Florida Statute; Chapter 287 requires counties to have goals for contracting with protEcted group members. The use of some state and Federal funds brings similar mandates. Failure to have appropriate mechani5~s dnd results will subject the county to higher risks of litiQation and loss of badly needed funds. 4 SU~1MARY : CONCLUSIONS: \il L Americans with Disabilities Act (ADA) The complexity and demands of this legislation transcends all of the above. The sweeping requirements on all segments of our so[i2ty~ governmEntal and pr~Yate sector~ plaCES astounding technical, legal and operational demands which few are adequately prepared to meet. These requirements will readily and greatly impact on Collier County because of its rapid growth and sizeable elderly population. While we did not specifically look it what mechanisms exist to deal with this legislation, it is our guess that apparatus to comprehensively and effectively respond to the requirements do not exist. We understand there are informal mechanisms and lIaison with disabled organizations: but such activitIes 210ne C2n hardly meEt the strenuous mandates of the ADA. CentraliZEd effEctive mechanisms, based on Collier County laws and professionalized resources, do not exist to insurE equal opportunity and non-discrimination in Collier County for the "protected groups'l as de~ined by applicable state 2nd Federal laws. Without appropriate laws~ concentrated and coordinated organizational and professional effortsj dedicated resourCES and cOffimittment, education~ technical assistancEl enforCEment apparatus, etc. f there cannot and will not be equal opportunity ano non-discrimination in the operatio~ of Collier County governmental or private SEctor arena;. This is especially true in light of the rapid increaSE in the number of minorIties and prDt~cted group persDns in the County and during t~25e ~ad economic times. While there are equitable, moral and constitutional princip~ls which generally require such efforts by local governmental bodies~ there are e~istlng state and Federal law~ and agencies that specify areas of complianCE, for ~hich failure to achieve can mean the 1055 of revenUES available to the county. The county also has greater exposures to liabilities for discrimlnation b~sed on individual and class action complaints and litigation. There are 3.1::.Q the comprehensi\/E! requirements of the AD.A! LastlY, and hopefully most important to you, there is the responsibilitv (which each member of thE Collier County Board of County Commissioners made gr-eat effc,rt:::- tD obtC'<.in) to in:::lHe equal oppor-tuni ty~ non- discrimination anD the Economic and social d~veloprnent and well being c'~ ~lL pEr'::-on~, arid group"'- gDverned b YDe.. ID eve~y othEr major area 0+ governmeDtal concern, CGllier County has devoted the resources. centralized and coordinated organizational mechanisms and weight of county iaw in order to effectively address tMe requirements of each area, There must be equitable devotion to tne conCErns addressed h2r2in~ and such efforts ar~ in the best interest of all of Collier County. We believe that state and Federal laws ooerationa11v require the actIons we request. " "' REC:D~lMENDI::IT I ON~.: We strongly recommend the expeditious establishment of the Collier County Department of Equal Opportunity (DEO). With reasonable diligencE1 the [reation of the Department and hiring of the Director can be completed by September 1, 19Q2. Initially, the DED should report directly to the County M~nager because of the sensitive nature of its mission and its having oversight or liaison responsibility relative to most other county aGenClES. We also recommend exploring the possibility, during phaSE IE or later, of establishing a lay Commission on Equal Opportunity (CEO): This commission could serVE as the body for policy making, appeals of DEO decisions, and other functions. The Florida and Kentucky Human Rights Commissions, among others, are organized in such a fash on. The role and scope of the DEU should be to implement and/or coordinate the abOVE ObJEctiVES and other activities deemed appropriate by the Board of County Commissioners. A recommended Organi2ational Structure and approximate time periods for phased implementation are indicatEd in Attachment A. While it is our desire to provide as much background information as possible1 it is not within our resourCES of available time and money to present more than is contained hef2in. Attachments C - contain some information which should be helpful. We believe that your consultation with county legal~ human resDurces1 prograffi~ services and procurement staffs will quickly and easily verify and validate the essentials of our findi~gs, conclusions and recommendations. The phasing Ot DED is geared to allow for the deliberate fashioning of each legal and organization;l component, to insure that it appropriatelY captures the requirements of applicable Federal and state laws1 and is done so commensurate with the speCial nuances of Colli2f CounlY. 6 FISCAL IMPACT: As an advisory body with limited time and resourcEs, WE are not In ~ position to be able to accurately identify the costs that may be associated with implementing the objectivEs indicated above. We are mindful of the preSEnt financial constraints upon the county government and believe that phased staffing and utilization of Federal funds for staffing will greatly redUCE thE ~T!irlediatE fiscal impact of this activity~ and for the near future. We also believe that, despite prEsent financial constraints, it is imperative that this activity begin lmmediately. An uneducated gUEsstimate is that $10:000 - $15,000 pET month ~ be required the first si>: months. In any eV2nt1 a reasonable committment will fequire the expenditure of a r2asonabt~ amount of funds. The CDfnmitment of such funds can easily outweigh the costs of lost state and Federal monies: as well as administrativE and judicial actions, which arE more likely to occur by not making s~ch a commitment. SUGsequent to our first draft of this proposal; county staff provided us with some estimates of staffing costs. These Estimated staffing costs are indicated In Attachment B. Lastly) E~2n at its maximum funding level~ the cost for t~2 DEO is minuscule relative to the total county budget. The expenditure of such a relatively s~all sum is minute for the purpose of insuring that 70-80% of the County population is t,eated fairly and in compliance with Florida and Federal laws. From our perspectivE~ mODey is not dn operational issue when you consider that apprD~imately $65,COO during the first si~ illonths is only .0002% of the $300,000,000.00 County budget for the year. LikewiSE, the full staffing budget of $395,000 projected for 1Q95 would be only .0013 of a $300,000:000.00 budget. These are the reaSDns we believe strongly that money is not a substantiVE issue relative to the creation and operation of such an agancv. Proposal Prepared b Date Henry C, ~(ibble~ Member Black Affairs Advisory Board 7 INDEX OF ATTACHMENTS A. P'D~DSed OrgnizatiDnal Chart and Phaslng B. Staffing Cost Estimate L. . Americans with Disabilities Act Fact Sheet. etc. u. Ecual Employment Opportunity 1. Federal l State 2.Gd Local Gov2rnment EnfD~C2ffient Agencies ~nd Responsibilities Equal Employment Opportunity Commissio~ Deferral Regulations E. role Housing Federc'l. St;;te and LDcal Government Enforcement Agencies and R25ponsiblliti25 F. N2~~ Article on the 1992 Florida Civil Rights Bill ~. Minority and Women Ownej BusinessEs in Collier Countv EndorSEments 0+ the Proposed Collier County Department of Equal Dpportunit'y ATTACHMENT A COMMISSION ON EQUAL OPPORTUNITY :ADMINfSTRATIVE SERVICES: human ResDurcEs Purch.::,:::-ing Sve::- [ iBJ a:) AS~;T. D I RECTOF - DEe C:OMMUNIT TEC~ ED ~ ASSISTANCE C:UTF:EACH/ COTEA PROGRAM DIVISION L;:,j EOS [: (; :T E A [ 2 J CLERICAL (H) EOS INTERNAL; EEO A T T A C H MEN T H BDAED OF COUNTY COMMISSIONERS COUNTY MANAGEF; ( lAJ I H I , .-- -- ------.-.- DIRECTDR OEPT. 0;: EQUAL OPPORTUNITY: r ~ B j ADNINi~; ~ TF:ATl '-.jE ASSI: :=:TANT TO THE :DIRECTOR -::' ') ", (2 ) EOS DSE (PROGF:AM: 8 COUNTY ATTORNEY [4 J FECEPTIONIST CLEF;/ r':.1 L..<....> IS! DIRECTOR COMPLIANCE DIVISION r"':'"1 L:"..1 CLERICAL [4J________ ______[3J__________ INVESTIGATOR :INVESTIGATOR FAIR HOUSING EXTERNAL ~iPA EEO ~, L. The bracketed numbers indicate the phase in which staff will be hired. The dotted line to the CA indicates liaIson with and review and advice by the CA regarding legal matters. The dotted line to Administrative Services indicates liaison relative to internal EEO and DBE activities. DBE, Disadvantaged Business Enterprises, includes Minority Business Enterprises (MBE, and Women Business EnterpriSES \WBEs) ~ and possibly others who own small businesses and are determined to be socially and 2conomicably disadvantaged. 4. (B) = Bilingual (~:panish) capabil:l:'y" is reouired for at least one (1) of the tDp three (3) positions. This c;;:';bility will be sought for other positions on an as needed basis. 1. 9 STAFF POSITION DESCRIPTORS DirE.ctor - Department of Eoual OIHJOrtunitv Under the direct supervision of the County Manager, exercisEs general supervision, management and direction of the DED and staff. AdministrativE AS51stant Under the supervision of the Director of the DEO, provides administative, budgeting, st;ff coordination and clerical assistance to the Director. RecEotionist Clerk Under the direct supervision of the Administrative Assistant to the Director, serves as the initial telephone and personal contact person for DED with county staff and the general public; assists the AdministrativE Assistant relative to clerical and administrativE support. COMMUNITY OUTREACH/TECHNICAL EDL1CATION AND ASSISTANCE (COTEAl PROGRAMS DIVISION Assista.nt ..pir2_ctor. DED / Director., CDTtA Pr[;Qr,;.m~. Dlvision Under the direct supervision of the Director of the ,DED, supervises and directs the activities of the Community Outreach/Technical Education ~ Assistance Division (COTEA) staff and operations. Also supervises the Disadvantaged Business EnterpriSES IDBE) proQra:i'- .: If the uSE progr;.!T! dDes: nDt repDrt directly to the DirectDr of DEO~) Equal DODortunitv' Specialist - Disadvant;qed BL\~;ineS5 EnterpriSES Under the direct supervision Df the COTEA Programs Director as shown, or, as an option: of the DirectGT DEO; has direct responsibility for identifyingl certifying and assisting the development of Disadvantaged 8usIness Enterprises (DBEs). Coordinates with Purchasing Services to increaSE Collier County government contracting actlvlties with DBEs; refer~ DBEs to sourCES fOT business deveiQpment~ education~ bonding and credIt serviCES; collects and maiD:ains records of DBE utilIzation for reporting to county offlcials as well as state and federal compliance agen[i25~ maIntains liaison with business and professional organizations which SIgnificantly Include disadvantaged businESS persons. Eaual ODDortunitv Soecialist - lnternal Enual Emplovment ODDnrtunitv Under the direct supervision of the COTEA Programs, is responsible for coordinating with Human Resources relatiVE to the employment practiCES, procedures and EEO reporting of Collier County Government. Assists in the development and implementation of 2~fe[tiYe recruiting and affirmative actions to correct the imbalances and chilling effect of past discriminato,y practices; assists in the review and correction of preSEnt emplo'(ment practices that may not be in complianCE with State and Federal EEO laws. 1(1 ~ual ODPortunitv Specialist - Community Outreach/Technical Education and AssistancE U~der the direct supervision of the Director of the COiEA Programs Division, has dirEct responsibility for establishing liaison with community organizations to inform tnam of the programs and activities of DEDI 'linvestigates11 community concerns that may not be within the jurisdiction of the ComplianCE Division and attempts to obtain resolution of such concerns in coordination with appropriate Collier County governmental officials; Establishes a program Df educaiton a~d technical assistance for the private sector business community regarding their obligations under CountYf State~ and Feder-a! equal opportunity/non-discrimination la\>i5. Conducts one on one technical ass~stancE to businessEs regarding individual concerns on how to be in compliance with equal opportunity laws; a~d, conducts seminars and workshops for community and busine?s organi:ations on the requirements of such laws. LiEfic21 Under the supErvi5i~n of tne COTEA Programs Division Director, provides typing and [:erica1 support for the Divisjc.n staff. COMPLIANCE DIVISION Director - Comoliance Division Supervises and directs the inVEstigation aGO resolution of complaints of prohibited discrimination relatlv2 to emploYffiEnt~ housing and public accommodations. Reports to and advis25 the DEe Director regarding ~u[h matters. litYEstioator - Fair Housino a0d Public AccommODations Under the supervision of the Director of the Compliance Division. rec2ivEs and investigates allegations of prohibited discrimination in the provision of housing and public accommodations in the prIvate SEctor. InvE'stUl.E:.tor _- E>;teril_~~l.~oua.1 .E!T!oloyment _...QQ..qortunitv inv2stig,;."tc.::- practiCES. " .. allEgallons the Director of the Compliance Division, receiVES and of prohibited dIscrimination in private SEctor employment Under the superviSIon of ~l~J--1~ ;.1 ~ Under the supe vision of the Director of the Compliance Division: provides typing and clerical support to the three staff members of the Compliance Division. l' -, ORGANIZATIONAL PHASES PHASE ONE - Seotember 1, lq92 - March 30, 1993 ~AJOR ACTIVITIES STAFFING r L. Drafting Ordinance and AdministrativE Codes RelativE to: (1) DirEctor, DED (2) AdministrativE Assistant (3) Assistant Director DEO! DirEctor, DOTEA Programs Division . ,. Establishing Office and Procedures u C'. DBE PrDvisions COTEA Provisions Internal EEe Provisions Liaison with Advisory Boards Commission on Equal Opportunity A. c. " C' . c. 3. Establishing Liaiso~ and PrOCEDures with Advisory Boaro\s! 4. Establishing Liaison and Procedures with AdministraIlvE Services regarding Internal EEO 5. Same As Above regarding DBE Proorams and Disparity Analvsis 6. Board of ~Dun~v Commission~rs Passes Ordi~a~ce and Amendments to th2 Ordinance !, .=r Conducts .. Needs Assessment in the Business Community 8, Establishlng Procedures fo;~ Equal Opportunity Review of County Programs ~, Locatino Fede,al. State and Local Sourc2= for Funding tEEOS t HUn Compliance Agencies. anD othET FE'Gera.l Q'-ant~;. 10. Establishlng Liaison with state ano Federal Equal Opportunity Ag2ntie~ 11. Plan Training for the Board of County Commissioners, Department of Equal Opportunity Staff, County Attorney Staff~ AdministratiVE ServiCES Staffl Other County Officials. Mirlority Community Leaders, Business Communi tv Leaders. Develop DBE Certification Application and Procedures 13. AS52ssing Present and Future Organizational Development Dr th2 DED. 10 L PHASE TWO - Aprll ii 1993 - September jv~ 1993 MAJOR NEW ACTIVITIES 1. Drafting Compliance Amendments to the OrdinancE and County AdministrativE Code Relative Ie.: A. EEO Provisions B. Fair Housing provisions C. Public Accommodations Provisions L. Equal Opportunity in County Programs and ServICES ", . . Developing Po~t2rs 7 Developing DED Brochures 4. Locating Federal and State Sources for Funding ~. Maintaining Liaison with StatE and Federal Equal Opportunity Agencies 6, Implementing Training (#11 Phase 1) 7. J2V21oplng DEO Compliance SOPs 8. Implementing vt~ ~rogram H. DBE Identification and Certification DBE Capabililj Assessment DBE Training Regarding Collier County ProcurEmEnt PrOCESSES c. Li. idE~tificatjDn of Special DBE Pr~curements E~han[Eme~t of DBE Capabil;ties Identification and R2~Dval of Barriers to r r. s. Contracting with DBEs, Where Appropriate. Establishing Goals for Contracting with DBE; InstIt~te UBE Goals. If Feasible H. 1. E~plDrE MentDr-Protogee Program 9. D2y~loping Complaint Forms C,. Interna_i EEO r r.. E terna_l c;::r: 1..'-'_' Housing D. Public kccomffiodations 10. AssEssing Present and Future Organizational Development of the DEO 1 :' NEW STAFFING {I) Director - Compliance Division DEE Specialist 1_-" '" 13) Secretary - COTEA!DBE PH.ASE THREE - October 1, 1993 - March Z,O, 199.!t MAJOR NEW ACTIVITIES 1. Determine DBE Sea.Is fDr FY L. Institute DBE Goals for FY 0. Explore or Implement Mentor-Protog~e Program 4. Pian Second Annual CDunty~Wide Equal Opportunity Workshop Conducted by FEderalj State and Other Officials 5. Continue Seeki~g Federal, State and Local Funding SourcE'':: 6. Assess Present and Future Development of All DEO Operations 7. Implement Equal Opportunity in Programs and Services PHASE FOUR - Apt-il 1~ 199~1 - September 30~ 1'194 ti.AJCR Jl~:;\l ACTI\JTIES . ;. Revi2W and Refine Operations L. Ascertain Need for Expanded COTEA Program ASSESS Present and Future Organizational Development of the DED PHASE FIVE - October i. 1994 - March 30~ 1995 MAJj:!R NEW_ A[:TIVIT~.ES 1. Expanc COTEA, if 02eded ~. Assess Present and Future Organizational Development of the DEO 14 NEW STAFFING 11) E}:ternal EED ,... .,..L ClpeClallSl. (2) Internal EEO Specialist (3) Secretary - Compliance ~~EW SiAFF I NG (1) Receptionist/Clerk Fair Housing & P A 1'-" .i..1 NEW STAFFING {1i COiEA Specialist ATTACHMENT P. ATTACHMENT B PROPOSED DOE STAFFiNG COST ESTiMATE Fha..s;? I - EED DirEctDr-~ Adminis-tra.tivE' A::.asistant, DirectDF (COTEA} BaS2 Salaries $ 3:::,! 534 22~038 30=380 \1! 'aS~952 :~ EED DirectDr Administrative Assistant - A lower grade position may suffice Director COTEA .38/: Fr i nges $118~614 5 !nO = $49~423 Phase II - Director, COffipliance~ DBE Specialist, Clerical Secretary I BasE Sal ar i e~. $ -::;,0,380 2;:, ~ 552. 14,643 't 70 I 581 I, ::'h a S2 ... ~ T .i. .i 1 - ~~~-e S~) a.c..i es. $ ::L733 "',1::" CC,-, L....'! o..-'...i0 14~643 ! 631 9:::,f~ Director Compliance DBE Epeciiilist Eecretary I . 38~': Fr i nges $97,402 Internal EEO Speci al i st 'i External Secr2tary I (Compliancej EEO Specialist, Internal EEO Speci a1 i st External EED Specialist SEcretary I . ....' '.-~ '. FrlnGE~, $88,228 f:..b':-;;:'2.IV_ -- 3ecret,:-;ry I (RecEpt;'Dn~~-t/Clerk): Fair Housing Spe(iali~.'~ E: a'~ e :::~J_i'.~..r- i e s $: 25, :'::,5,3 14. 64:~, $ 4:.).201 ~~lr Housing SpE[l~llSt ~:;:::'[)'"etar")i I , ..,. ,-'." . .~' L' h $55.477 Fr1noes -------------------------------------------------------------------------------------- Ph~~2 V - COTEA SpEcialIst ~~~E ~;E..l~~ $: 25.558 i; .38'i. FrlnGE'; $35,270 .. h' --------------------------------------------------------------------------------- YEARLY BASIS FY 91/92 FY 92/''13 ~ FY 93/94 ~ F'I 94/95 ------ ------- -------- -------- -------- -------- -------- --------- -------- -------- Phase I Phose i I Phase III ~ $118.614 fj'7,402 -49,423 ..... 118,82 i 97~402 (3) 44,114 118,821 97~402 88~228 (3) 27~739 118,821 97,402 88,228 55J477 (3) 17,635 88.228 Phase I') 1:,"",:.'". ,1;.... ,-L___.-r! ! Fhase V ~.5,270 (1.1 (2)-~,94.Cf91 (1)~491427, (1) 260,337 (1) 332~190 (1) 377,563 ThE abovE data dOES not include offiCES, furDiture, operating Expenses, telephonei electricity, etc. (1) This Swffi is based on all indicated employees being on the payroll effective the first day of the indicated PhasE. (2) FY 95/96 \:'} 1/2 Year ~2 thank the CollIEr lounty Department of Administrative ServicEs for providing the tlgures for EstiffiatEd base salaries and fring2 benefits. 16 ATTACHMENT r . s~ tember 20, 1990 REPORT ON DISABILITY PROGRAMS pa e 149 Americans with Disabilities Act Fact Sheet Tille Effective Date Regulations Enforcement/Remedies TIHf! I _ FmDlovmen} Employers wilh 15 or more emplO11te5 Jul,16. 1991. ror l'mplo,ers with 25 EEOC ..;s,.. rqulalioos b, Jail %6. lndhiduals m.,. rlk complaints with may not discriminau: against or mart emploJft:L J.99L EEOC. lDdividuals may also file. qualifit'd individuals wilb disabilities.. priTaLe lawsuit Empl01U"S must ru.sonably JulJ 16.1994. for ealploJt:I"l with 15 acrommodau the disabilities c:L qualified appticanl.5 or tmploJrd, to]A elDplo~ RltlM'd.ies are AIDe as nailabLe under unle!5 undue hardship would resulL Title VO of the Ciril Rights Act d 1964. Cow-t tnIIJ order employei'" to hire or promott: qualifted individu.ak, reasonably acro:nmodau their disabiliues.. and pay bad 'If'a&eJ aDd at:lornl'J"!'recs.. TIlle 11 _ Public ServIces Slatt: and 10C21 governmeots may Doc. JanWlTJ 16. 1992- At1of"Dl'J ~nl',..1 to issue rea;u1aliom lndiYidu.als may flit complaints wilb discriminAte .pinsl qualifaed tJ"c:rp1 r(K public ~tioa bJ DOT conanUnc public individual! with disabilities.. Nnr JaI, :U. U9L tr&mportatioa &tld wiLb other Ft'dtral ronstructtoD and alterations to qeocies to ~ desig:mted by the uisting raciliti~ must be acctSSible... DOT to Luue regu1atioos for public Atlor'Dey ~otnI CODCenlUlg mattus Existin& raciliucs must mtd progr-&m tnmponatioo b, Jul,%6."'L other than public b"a.asp<K1.atior&. accessibility rtquin!menu coosistmt IDdividuals 11181 also flit: a private with S<<tion SG4 ortht Rehabilitauoo Regubtioos must ~ CODSlstlllt with la"lt'SUiL Act ol 1.97J. MGRAD.I..TBCB to suppksieat MGRAD by April u.. 199L Remedies are the SllIDe as ."allable unclei' SK:tioo S05 of the RdlabililaLioa Ad of 1973. Cow1 .....y onkr entit, to make racilitia acn:ssibk,. prorick aUJili.a,., aids or ~ modify policies. aDd pIIJ att.onl~'flE't:L Tltl! II . Publlc ServIces (contlnued) NC"I'f buses aDd rail nwda must be Ordultd af\.tr Au:ru:rt 25.1990. U rmal rquLations not issad bJ JulJ acttSS1'bk.. 16. 1991. aDd builclinC pctlIIit obta.ined prior to fw.a.l n:platioa.s for ODe car pc'" train mU:Sl be ac:ressJ'bIe... B, Jul, %6. 1995, zw"t:OIlStt'UC'tio oraltl:r'atiCllUIO BJ JuJl16. 1993. Extensions maJ be ttaDsit facilities oa nicb work bqiD:S Eristi..n& ''''by smtions" in rapid rail. ...tthin ODf: JUT of receipt ol'tb. commuter rail. aDd li&bt rail systems pnLtd u.p to JuJ,16. 2010. for permit. tb.eD compliaDa .rth UF AS must be acrcssible.. commuter rail s)"SUms aad n-quired.. 11 fmal rqulatioas act Jull 16.10'20. ((I" rapid and liehl rail issued ODe Jar aI\ef" MGRAD SJ"SUms for stlDoos DHd.inc nppkmeatr:d., !beD compliaDa wi1b ~J~esa-ucsu.ra1 MGkAD nq....... ......... BJ January 16. U'9l.. U tinaJ rquJ..tioas DOC. issued '1 Jufy Comparable panrr-aasit must be 14, 1991. Amtn.k aDd comm.u:r rail p~ad to iDdMdu.ah who cznaot pas.'lCD&tr can must CDlDplJ'-.itb 11Sc';t~ route bus xnia to the MGRAD pnJYi:Polu for rail can CO aUnt thst lID unc1ut fu1anci,.al burelI'D tbt aunt that they an in d"'rcc.t at lbe isD01.~d. timt the dt::ricn ollhe can it IUbstaDti.a.D, comple~ Amtrak pa:sseD:I:t'r can; must hrt'e By JuJy 26.2000. Half oftbe:st sealS same Dumbv' of ac::l%5Siblt' IUD as must ~ available bJ JuJJ u.l99'S. ..-ouId be anilable if' ever] CIT in the train 1I"Cn accessible... Alll'xistin& Amtn..k. statiocu 10m be B, July u,1()10. o<="ibl<- Tlflf'! III ~ Puhllc Accommodltlons PubUc . -....A.N.r.. such as JaDDal'J' U. 1991. Att.onHy Ceneral to issuf: Rpbtiom bdmduals may rue c:aa:zpWnl5 -.itb restaurants.., hoteh. tbe:a.ten. doc:ton' except for PriY1ltd1 operatrd tbe At1oc'Dl'y Geoenl.1Ddi'riduals olf"lICeS.,retailstora.,lD~ b'>n>ponaOoo b, Jul,%6. ".L ~J aha rue . prTt-aS.e lawsuit.. librari~ p&rks.. prTrate tdlooh. aDd clay an 0I:'nte:"S IDIIY DOt ctiscriminat.e DOTtDissut: ~ fOf' prma1dy oatbebasisolciisability. openu-d ~ bl JuI, 1&,. J.99L (Continued) Page 150 REPORT ON DISABILITY PROGRAMS September 20, 1990 ADA FACT SHEET (continued) Tille Effective Date Regulations Enforcement/Remedies T1t1t~ III . Pu!ll1c Accommodations ~cOnllnllf!dl Physical barriers io existing f.cilities January 16,l992. Regubitions must be c:onsi:steal with Reme4it:s.~ the saint' as ...il.bk must be remand if rudilyac:.hteYablc MGRAD.ATBCB I.Oluppkmarot andet TuJc II oI'tbe ein' Ri&bts Act <Le..., easily accomplishablc and able 10 MGRAIl., Apri126. U9L fIIlJ64. Court JIl,IIJ order an entity to be OIrmd out w;thoul mucb difficulty aakc racilities .cassib~ proride or cxpcnu). If Dol, aU.cnuatin U flllal rqubtions DOl iDaed bJ Jail auUIiary .ids or Mrvicrs. modify methods of proriding services must ~ 16. 1991, aDd buildiDC pennit polic:ies.ud par aUonte:JS' rft$. orren.d, if thCllSt metbods an rudilJ obtaiDtd rew KW com:trudioD or achievable. allenltiom to facilities OD .....bicb 'W"Dr1t lAwsuits DUlJ Dot be rwd apiDSt bqiDS witbin ODe 1ear or rec::eipt m IID&1l businesses ror Yiolations Ne'" ronstruction in public F.cilities desigMd and cons~ Ibe pennil, lbtD mmplianct with ocauiOC bdortJull16.1992.or a<X"Ommodatioru and commuciaJ (or fITSt oa::upaDC}' after Juuary 16. UF AS Rquired. Jf rmal rqulatioas Jaauary U. D93 (depmdinc oa the facilities murt be &cttSSiblt. 1993- bOt issurd oae Jar aft.er MGRAD aiu ollbe bllSiDess and cross aupplemea!H, theD compliaoce willi reaipts). escept for viobtions suppleme:utal MGRAD required. ",bting to DeW mastructioa or alLeratioos w facilities.. Allkrations to mstiDg facilities must JaDu&TJ 26,1991. be. aC'C'CSSible. 'When allerlltiO!lS to If flJlal repJaLions DOt issut'd by July primary function areas art made, aD 16,1991. privaldy operated transit K'Cessible path orlnlvel must be nhides must complywitb prDvidt"d to the allH-ed Uta, and the IUppkmaal&l MGRAD to lbe nkDl ~t rooms, telephoot and drinking thai it is in dTKI at the time tht fountains Knlng the altered area ck:sip 01 the nlUdcs is 5UhstaDLialIy blu.Jt also be acces.siblt,lo tht alml completed. that the addtd accessibilily COSt! art DOl disproportionalk to Lbe onrall altuw:tiom costs... 'EJenton art Dol requiTed in Dewl, ("OQStrucud or ahurd buHd..iD:gs au appliatioo by State or loa] under lhre-e stories or with les:s than CO"'tmIMIlIc.. AUomtJ Gueral, ill Court IllaY aw.wd mant'y damqes 3,000 square f~t per Door, Dnles:s!be consultatioo with A TBCB, may and impose: aTil penalties in Lawsail building is. sbopping ceolkr, mall, or certify tb:8t Stalk or local buildia&: fWd by Attorney GtMf"aJ but not ia buhh provider's ofrta. The At1onl~ codes IDftt IllI' esCMd Frdf'raI p~ lawsuil filed br uulh"duals. ~ntral may d<<erm..iM that IKC'tSSibwt1 nqu1nmeots.. additioa.a.l au-gorics J:I sucb building:s rtq~ tlrvaton.. --..----- Tlll~ 111 . Public Accommot1Rllons fconllnu@dl New b~s and other vthiclt5 (cxct'pt 0"'..-0<1 a/IeT Aap;I 25. 1990, automobiles) operat~ by private entiLit:S musl be accc:ssible or sJSUm in ~.hich vehicles an ust"d musl provide individuals with disabilities. lutl of servlct' e-quivaleDt to l.ha1 providtd to the gtntraJ public (dtpending on whtlhtr entity prim.a!"ily engagtd in busiocss-or InlrnpOf"ting p~pH:, 9Jht1btr .yuem is fu:f'd routt or dvnand respocuin.. and nhicJt 5CaUng CIIpacity). Nt.... over-the-road bu:ses must bt Ordered aile- Jul,16. t996 Uuly16, acn:s..sibk. 1997. for pnaU COIDplllItd). Date 108' be atmded by ont Itsr al'Ltr completion 01. stud,. StructIlnI cha.n&;f:S to pronde IIC:ttSS 10 individuals who use wbt-dc:hairs aDd purdlase of boardio& assislanct dtvitts may Dot be requiTed prior to these dates.. TlUt IV- T@ltcommunlclllons Telephone compaoies must pf'O'Vidt 8, JuJ,26. 1993, FCC 10__ rqulatiom bJ Jul, U. lDdiTiduals mar r.. complaia.lS willi ItltcOmmunic:ations rebJ Krria:s for 199L ... FCC. huring.impairt<iand spcff.h.impaired penons 2A bours per "y- From the U.S. Architectural and Transportation Barriers Compliance Board. For more information, contact the board at 1111 18th St., N.W., Suite SOl, Washington, D,C. 20036-3894; (800) USA-ABLE (voice or TDD). AMERICANS WITH DISABILITIES ACT OF 1990 -Checklist for Mamgers and Supervisors-- o The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against qualified disabled individuals in 811 employment practices, including job application procedures, hiring, firing, advancement, compensation and training. o Private employers, federal, state and local governments, employment agencies and labor unions must comply with the ADA, Employers with 25 or more employ. ees will be covered starting July 26, 1992. Employers with 15 or more employees will be covered two years later, beginning July 26,1994. o An employer must consider hiring a qualified disabled applicant if he or she can perform the job with "reasonable accommodation," but only if the employer will not incur undue hardship. o Employers are free to select the most qualified applicant available and to make decisions based on reasons unrelated to the existence or consequence of a disability. o Employers are not required to lower quality or quantity standards in order to make an accommodation, nor are they obligated to provide personal use items such as glasses or hearing aids, o An employer can refuse to hire an applicant or fire a current employee who is illegally using drugs, ' o Testing for the use of illegal drugs is permissible under the ADA, o Legislative history indicates that Congress intended the ADA to protect persons with AIDS and HIV diseases from discrimination, o Managers will want to review their job descriptions to make certain they establish the job requirements so far as reasonably possible; too broad a description might enable a disabled person to qualify for a job that he or she could not actually perform, " o Omit all references in advertisements for jobs and job descriptions to nonessen- tial or marginal requirements, o Managers should carefully document what was done or could be done to accommodate an employee or applicant. o Review and revise all employment application forms and other hiring and employment materials, including materials for staff use, and delete all references to an applicant's medical history and physical appearance. o Visual impressions of an applicant's disability should not be used in any way to discrimina te, such as recording them on a file jacket or using a secret code, .' omCE FOR UVlL RIGID' R e port ~/. sA"vlcrs'vs~ ~ (~[ <+ "It ;.[~Yd]O Volume 1 - Issue 2 Fall 1991 AN INSIDE LOOK INTO THE AMERICANS WITH DISABILITIES ACT by: Ralph Rouse OCR Division Director, Region VI Dallas, Texas WHAT IS IT? The Americans with Disabilities Act (ADA) is landmark legislation, signed by President Bush on July 26, 1990, that gives individuals with disabilities civil rights protection in the areas of employ' ment, public accommodations, state and local government services, and telecom- munications, The ADA does not invali, date or limit any existing federal, state, or local disability rights law that provides equal or greater protection for people with disabilities, WHY IS IT SO NECESSARY? There are 43 million people with disabilities in the United States, Two- thirds of the 43 million are disabled individuals who are working age, but are unempioyed, It costs this country neariy $60 billion per year in tax dollars to main- tain this population in a welfare, dependent status, plus an estimated $240 billion per year in lost productivity, Therefore, every family in this country is touched by disability, Another reason why the ADA is necessary is that America is entering a period of labor shortage-the baby boomers have not had many babies, It just doesn't make economic sense for this nation to import labor and at the same time pay taxes to support a popula' tion of our own in a welfare dependent status, Individuals with disabilities represent a great untapped human resource for America, Technology has expanded the number of jobs the disabled can perform, Electronic data processing is changing the face of business, Billions can be saved and tax collections increased by putting this human resource to work, The ADA is not only sensible, ethical, and humane-it is an economic imperative, WHY IS IT A MOST REASONABLE LAW? The ADA is not really a new law, It is a law that merely extends to public and private sectors the same requirements that Title V or the Rehabilitation Act placed on federal contractors and recip- ients of federal financial assistance 17 years ago; requirements proven not to be burdensome or costly, but instead which allowed many doors to be opened to individuals with disabilities, Numerous studies show that people with disabilities in the work force can perform equal to or better than their non-disabled peers; have excellent at, ten dance records; have lower rates of turnover in the job; and actually have better safety records, Individuals with disabilities usually have certain attributes that are often lacking in other workers, that is, appreciation for the opportunity to work and job loyalty, Studies show that it is not a financial burden on businesses to make accom- modations for people with disabilities, Half of all accommodations cost nothing to the employer, and of those accom- modations that do require some financial assistance, 70 percent cost less than $100,00, Accommodations are limited to those that are "reasonable", The ADA was carefully negotiated and provides for a gradual transition for the employer, with major concessions to transportation and small businesses, For example, the ADA totally exempts all employers with fewer than 25 employees for the first two years, and those with fewer than 15 employees are perma- nently exempt. Employers covered must simply consider persons with disabilities for employment, if such individuals are fully qualified to do the job with a rea- sonable accommodation, Making newly constructed public buildings accessible adds only about half of one percent to the initial cost, but enables better access for everyone (such as, pregnant women, people with baby strollers, and the elderly), Exist- ing public buildings are required to be made accessible only if it is "readily achievable without significant difficulty or expense" , Making a new public bus accessible adds only five percent to its cost. Buses already in use are exempt from the ADA, Rural and small communities that buy used buses simply have to make a "good faith" effort to find accessible used buses, Most of these requirements already exist for federally funded public transit systems, under Section 504 of the Rehabilitation Act. There are op- ponents to the ADA that believe the disabled do not ride buses and will not ride buses, However, the ADA advocates believe if a system has enough accessi- ble buses to be considered a depend- able system, the disabled will certainly (Continued Next Page) Inside Look (Continued) ride, One city that has proven the ad- vocates theory is Denver, Colorado, with large numbers of the disabled riding the public bus system daily, OVERVIEW OF KEY SECTIONS EMPLOYMENT-TITLE I Title I of the ADA prohibits nearly all employers of 15 or more employees from discriminating against any qualified individual with a disability, It extends to the full range of employ- ment activities, including: job applica- tion procedures, hiring and discharge, employment compensation, advance- ment, job training, and benefits, Its core requirement is that employers make "reasonable accommodation" to the known physical or mentallimita- tions of a qualified applicant or em- ployee, unless the accommodation would impose an undue hardship on the employer. Reasonable accommodations may include making existing facilities readily accessible, job restructuring, part-time or modified work scheduies, reassignment to a vacant position, ac- quisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters and other similar accommodations, The ADA defines "undue hardship" as an action that is unduly costly, extensive, substantial, disruptive or that will fundamentally alter the nature of the business, A company's over all size and financial resources, the type of operations, and the nature and cost of the accommodation needed are to be considered, Effective July 26, 1992, Title I will cover employers with 25 or more employees and on July 26, 1994 will extend coverage to employers with 15 2 or more employees. The Equal Em. ployment Opportunity Commission (EEOC) has issued final regulation for implementation of Title I, and will ad- minister the enforcement program, PUBLIC SERVICES-TITLE /I This Title extends to state and local governments the requirement to pro- vide equal opportunities to individuals with disabilities in employment and ac- cess to programs and activities regardless of whether the government receives any federal funding, Title 11 contains no exemption for small gov- ernments regardless of how few peo- ple a government employs, and there are no exemptions for the types of ac- tivities covered-it applies to every state, county and municipal service, from libraries and swimming pools to housing and parks. The Department of Justice ,(DOJ) published a final regulation to imple- ment Title 11 and it becomes effective January 26, 1992, DOJ will coordinate compliance for state and local govern, ment components through various federal departments, DOJ is also au- thorized to file suit against state and local governments in cases where a pattern or practice of employment discrimination against people with disabilities exists, Shown here is Edward Mercado (I), Direc, tor OCR, with Ralph Rouse, Dallas Division Director, in front of OCR's display atthe Na- tional Conference of the President's Com- mittee on Employment of People with Disabilities held in Dallas, Texas, _"_,,,,~,.-_._-"_,,_,~,'.'~.~" '", --"~",-,--~--",,,,",..~..,-,--,~-"'- PUBLIC ACCOMMODATIONS AND SERVICES OPERA TED BY PRIVATE ENTITIES-TITLE 11/ Under the ADA, public accommoda- tions are privately operated entities that "affect commerce". Commerce includes "travel, trade, traffic, trans- portation, or communication", Places of public accommodations include: 1) places of lodging, 2) establishments serving food or drink, 3) places of ex- hibition or entertainment, 4) places of public gathering, 5) sales or rental establishments, 6) service establish- ments, 7) stations used for specified public transportation, 8) places of pub- lic display or collection, 9) places of recreation, 10) places of education, 11) social service center establish- ments, and 12) places of exercise or recreation, The category "places of lodging" does not include residential facilities, However, facilities that offer housing on a transient or institutional basis, such as hotels, hospitals, homeless shelters, are places of public accommodation, A public accommodation is the private individual or entity that owns, leases or leases to, or operates the "place of public accommodation"; it is this person or entity that has the responsibility under the law to comply, Public accommodations have obli- gations that include: new buildings must be constructed accessible ac- cording to minimum guidelines; altera- tions to buildings that can affect accessibility and paths of travel to the altered area, including bathrooms, telephones and drinking fountains, must be made accessible according to minimum guidelines; barriers to ac- cessibility in existing buildings that house places of public accommodation must be removed if "readily achiev- able"; if an existing building housing a place of public accommodation is in, accessible and removal of barriers is not "readily achievable", alternative methods must be used to serve the (Continued Next Page) Inside Look (Continued) people with disabilities unless to do so would impose an "undue burden"; auxiliary aids must be provided at no additional cost unless to do so would pose an "undue burden" or would be disruptive to the business; and reason- able modification of policies, practices or procedures to afford individuals with disabilities the opportunity to enjoy and participate equally are necessary unless it will fundamentally alter the nature of business, "Readily achievable" means easily accomplished and able to be carried out without much difficulty or expense, The nature and cost of the action needed, the overall financial resources of the public accommodation and the type of operation are factors to be considered, The Department of Justice (DOJ) published a final regulation to imple- ment Title III; becoming effective on January 26, 1992 with the new con- struction requirements taking effect January 26, 1993, Complaints may be filed with the DOJ, The Department of Justice can initiate actions against a public accommodation that has a "pat- tern or practice" of discrimination, and courts can award money damages and impose civil penalties of up to $50,000 for the first violation and $100,000 for subsequent violations, Individuals may also bring private lawsuits but are limited to injunctive relief, TRANSPORTATION-Titles /I and iii Dependable transportation is a necessity in our society to working and being productive, especially for many people with disabilities, There are im- portant provisions in Title II for most forms of transportation provided by public entities, including public bus systems and public commuter and inter-city and inter,state rail services, and in Title III for private providers of the over-the-road bus systems, shut, ties, taxi services, and private busi- nesses not primarily engaged in the business of transporting people but operating transportation, The Department of Transportation (DOT) published final regulations to im- plement the Titles II, public, and III, private, transportation provisions of the ADA, DOT will have enforcement authority over these sections of the ADA, TELECOMMUNICA TlONS- Title IV Title IV of the ADA requires local and long distance telephone com- panies to provide telecommunications relay services by July 26, 1993, This service will enable people who are hearing and speech impaired to use telecommunications devices for the deaf (TDD's) for communicating di- rectly over the phone with people who are not hearing impaired, This will allow our deaf and hearing impaired popu- lation to do business by telephone, Also, public service announcements aired on television and produced or funded in part with federal money must include closed captioning for the hear- ing impaired, The Federal Commu, nications Commission (FCC) has developed a final regulation on this part. HOW TO BEGIN TO COMPLY? Recently enacted legislation will facilitate compliance with the ADA. As amended in 1990 the Internal Revenue Code allows a deduction of up to $15,000 per year for expenses associ- ated with the removal of qualified ar- chitectural and transportation barriers, The 1990 amendment also permits a tax credit for certain costs of compli- ance with the ADA by an eligible small business-one whose gross receipts do not exceed $1,000,000 or whose work force is not more than 30 full time workers, Examples of eligible access expenditures include the necessary reasonable costs of remov- ing barriers, providing auxiliary aids, and acquiring or modifying equipment or devices, A WORKABLE APPROACH The 504 self-evaluation is a tried and proven way for businesses to voluntarily comply with the ADA. In the self-evaluation the business obtains the assistance of interested persons, including persons with disabilities or organizations representing persons with disabilities, to 1) evaluate current policies and practices and the effects thereof that do not or may not meet the requirements of the regulations, 2) modify any policies and practices that do not meet the requirements of the regulations, and 3) take appro- priate remedial steps to eliminate the effects of any discrimination that result from adherence to these policies and practices, A key and critical element in the self-evaluation process is to gather a mix of qualified, knowledgeable peo' pie with disabilities to consult with representatives of the business, The self.evaluation team ideally should be composed of representatives of the major disabilities (wheelchair users, blind, deaf, developmental disabilities, etc,) and a representative from each major department of the business, The disability representatives bring their expertise on the disability and poten- tial barriers and the business represen- tatives bring their knowledge of the business, Together they function to look at how the business is operated and how policies, practices and facilities may deny persons with disabilities equal access to the jobs and services, The Texas Governor's Commillee for Disabled Persons and OCR re- cently developed an ADA Self-Evalu, ation Guide, The guide was distributed at the National Conference of the President's Commillee on Employ- ment of People with Disabilities held at the Loew's Anatole Hotel in Dallas, Texas, t, Mr. Ro:iTse!lt~J:!~;JjtI~ei:r-iafions' leading experts OD me ADA, He has .'......, ",,>,,>,:,'c'/.'~~,$x.tlV'::..'0*'''''.''-''':'''''''-, . ,".'- received nu awards for hiS selfl~ps .... 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U> .., '0 H I .... >i I ..... l:l 13 " '" X rt \0 :: 0 I U>H I CD :x H t'l '< 0 :z: I enO I 0 l:l .., 0 :z: t:l I ...:Z: I 11 Po'" :z: .., ~H > I I .... CD >l/l 0 I rH I '" Po> ~ 0 t:l> .., I >:z: I .... 0 PJ'" ~~ I t:l I l:l .., t'l'" 0 I l'lt'l I 00 l'" "l I >lC I 0 OIC H I -'" I "l -.., .., .... I t< I c:: H U> I 0 I .... :z: PJ I ... I '" I \0 H l/l I '" I X , en . .., I I l'l I .. '" I I :z: I . I I >i I 10 l'l " c: t< > .., o 10 '" > " PJ :z: o H l'l II> > :z: 1:1 .., :: l'l '" > 111 H l/l o "l l'l X '" t< o >< X l'l :z: .., 1:1 H III n 10 H X H :z: > .., H o :z: >i :: l'l '" l'l :z: "l o 10 o 't'l 114 4-91 EEOC Procedural Reeulatlonl 5049 prepared or approved by the Commission, describing the applicable provisions of Title VII and the ADA, (h) Section 711(b) of Title VII makes failure to comply with this section punishable by a fine of not more than $100 for each separate offense. [Amended, 55 FR 2518, lan, 25, 1990; 56 FR 9624, Mar, 7, 1991) Subpart O-Con.tructlon of Rule. [~ 8904J ~ 1601.34 Rules to be liberally construed, These rules and regulations shall be liberally construed to effectuate the purpose and provi. sians of Title VII and the ADA. [44 FR 4670, Jan, 23, 1979; 56 FR 9624, Mar, 7, 1991] Subpart E-Issuance, Amendment, or Repeal of Rule. [~ 8905] ~ 1601.35 Petitions, Any interested person may petition the Commission, in writing, for the issuance, amendment, or repeal of a rule or regulation. Such petition shall be filed with the Equal Employment Opportunity Commission, 1801 L Street NW" Washington, D,C. 20507, and shall slate the rule or regulation proposed to be issued, amended, or repealed, together with a statement of grounds in support of such peti- tion. [~ 8906] ~ 1601.36 Action on petition. Upon the filing of such petition, the Com. mission shall consider the same and may there- upon either grant or deny the petition in whole or in part, conduct an appropriate proceeding thereon, or make other disposition of the peti. tion. Should the petition be denied in whole or in part, prompt notice shall be given of the denial, accompanied by a simple statement of the grounds unless the denial be self.explana- tory. Subpart F-[Re.erved] Equal Employment Opportunity Subpart G-FEP Agency De.lgnatlon Procedures 11 8920] ~ 1601.70 FEP Agency Qualifications, ~ State and local fair employment practice ._~ agencies or authorities which qualify under_": !"eetion 706(c) of Title VII and this section shall be designated as "FEP Agencies." The qualifications for designation under section 706(c) are as follows: t-1l) That the State or political subdivision has a fair employment practice law which makes unlawful employment practices based upon race, color, religion, sex, national origin or di.sability; and 4) That the State or political subdivision has either established a State or local author- ity or authorized an existing State or local authority that is empowered with respect to employment practices found to be unlawful, to do one of three things: To grant relief from the practice; to seek relief from the practice; or to institute criminal proceedings with respect to the practice. .,.-1b) Any State or local agency or authority seeking FEP agency designation should submit a written request to the Program Director, Office of Program Operations. However, if the Commission is aware that an agency or author. ity meets the above criteria for FEP agency designation, the Commission shall defer charges to such agency or authority even though no request for FEP agency designation has been made. .I(c) A request for FEP agency designation should include a copy of the agency's fair employment practices law and any rules, regu. lations and guidelines of general interpretation issued pursuant thereto. Submission of such data will allow the Commission to ascertain which employment practices are made unlaw- ful and which bases are covered by the State or local entity. Agencies or authorities are requested, but not required, to provide the following helpful information: :.,' (1) A chart of the organization of the agency or authority responsible for administering and enforcing said law; / (2) The amount of funds made available to or allocated by the agency or authority for fair employment purposes; /(3) The identity and telephone number of the agency (authority) representative whom the Commission may contact with reference to '\18920 5050 lowI-flOlulmlon"""Ord... 114 4,91 any legal or other questions that may arise regarding designation; (4) A detailed statement as to how the agency or authority meets the qualifications of paragraph (a) (I) and (2) of ~ 1601.70, (d) Where both State and local FEP Agen, des exist, the Commission reserves the right to defer to the State FEP Agency only. However, where there exist Agencies of concurrent juris- diction, the Commission may defer to the FEP Agenc)' which would best serve the purposes of Title VII or the ADA, or to both, -----~,- - - (e) The Program Director, Office of Pm. gram Operations, wiJI provide to the Attorney General of the concerned State (and corpora- tion counsel of a concerned local government, if appropriate) an opportunity to comment upon aspects of State or local law which might affect the Qualifications of any new agency in that State otherwise cogniz.able under this sec- tion. [45 FR 33606, May 20, 1980, amended 47 FR 46275, Oct. 18, 1982, 47 FR 53733, Nov, 29, 1982; 56 FR 9624, MaL 7, 199IJ [~ 8921] ~ 1601.71 FEP Agency Notification. (a) When the Program Director, Office of Program Operations, determines that an agency or authority meets the criteria outlined in ~ 706(c) of Title VII and ~ 1601.70, he or she shall so notify the agency by letter and shall notify the public by publication in the FEDERAL REGISTER of an amendment to ~ 1601.74 (b) Where the Program Director, Office of Program Operations, determines that an agency or authority does not come within the definition of a FEP Agency for purposes of a particular basis of discrimination or where the agency or authority applies for designation as a Notice Agency, the Program Director, Office of Program Operations, shall notify that agency or authority of the filing of charges for which the agency or authority is not a FEP Agency. For such purposes that State or Jocal agency will be deemed a Notice Agency. (c) 'Where the Program Director, Office of Program Operations, becomes aware of events which lead him or her to believe that a deferral Agency no longer meets the requirements of a FEP Agency and should no longer be consid. ered a FEP Agen,)'. such Director will so notify the affected Agency and give it 15 days in which to respond to the preliminary find- ings. If the Director deems necessary. he or she may convene a hearing for the purpose of ~ 8921 clarifying the matter. The Director shall render a final determination regarding contin- uation of the Agency as a FEP Agency. [45 FR 33606, May 20, 1980, amended 47 FR 46275, Oct, 18, 1982,47 FR 53733, Nov, 29, 1982; 56 FR 9624, Mar, 7, 1991] ( IU924] ~ 1601.74 des. Designated and notice agen- (a) The designated FEP agencies are: Alaska Commission for Human Rights Alexandria (Va.) Human Rights Office Allentown (Pa.) Human Relations Commission Anchorage (Alaska) Equal Rights Commission Anderson (Ind_) Human Relations Commission Arizona Civil Rights Division Arlington County (Va.) Human Rights Commission Austin (Tex.) Human Relations Commission Baltimore (Md.) Community Relations Commission Bloomington (111.) Human Rights Commission Bloomington (Ind.) Human Rights Commission .~\\,ard County (Fla.) Human Relations Commis- sIOn California Department of Fair Employment and Housing Charleston (W.Va.) Human Rights Commission Clearwater {Fla.} Office of Community Relations Colorado Civil Rights Commission Colorado State Personnel Board Commonwealth of Puerto Rico Department of Labor Connecticut Commission on Human Rights and Opportunity Corpus Christi (Tex.) Human Relations Commission pade.C_ount)" (F:la.) Fair Housing and Employment Commission Dela.....are Department of Labor District of Columbia Office of Human Rights East Chicago (Ind,) Human Relations Commission Evansville (Ind.) Human Relations Commission Fairfax County (Va.) Human Rights Commission Flotida Commission on Human Relations F~rt Ji;dge=Webster "county(lowaYHuman Rights Commission Fort Wayne (Ind.) Metropolitan Human Relations Commission Fort Worth (Tu.) Human Relations Commission Gary (Ind.) Human Relations Commission Georgia Office of Fair Employment Practices Hawaii Department of Labor and Industrial Rela- tions .J!illsJ)!?rough County (Fla.) Equal Opportunity and Human Relations Department HCM'ard County (Md.) Human Rights Commi!.sion Huntington (\\'Y.) Human Relations Commi!.sion Idaho Commission on Human Rights lIIinoi!. Department of Human Rights Indiana Civil Rights Commission Iowa Commi!.sion on Civil Rights l, ( C;1991, Commerce Clearing House,lnc. 114 4-91 EEOC Procodurol Reculatlon, 5051 ~cksonville (Fla.) Equal Employment Opportunity Commission Kansas Commission on Human Rights Kansas City (Mo.) Human Relations Department Kansas City (Ks.) Human Relations Department Kentucky Commission on Human Rights Lee County (Fla.) Department of Equal Opportu- -mty- Lexington-Fayette (Ky_) Urban County Human Rights Commission Lincoln (Neb.) Commission on Human Rights Louisville and Jefferson County (Ky.) Human Rela. tions Commission Madison (Wi.) Equal Opportunities Commission Maine Human Rights Commission Maryland Commission on Human Relations Massachusetts Commission Agaim;t Discrimination Mason City (Iowa) Human Rights Commission Michigan City (Ind.) Human Rights Commission Michigan Civil Rights Commission Minneapolis (Mn.) Department of Civil Rights Minnesota Department of Human Rights Missouri Commission on Human Rights Montana Commission for Human Rights Montgomery County (Md.) Human Relations Com- mission Nebraska Equal Opportunity Commission Nevada Commission on Equal Rights of Citizens New Hampshire Commission for Human Rights New Hanover (N.C.) Human Relations Commission New Haven (Conn.) Commission on Equal Opportu- nities New Jersey Division on Civil Rights, Department of Law and Public Safety New Mexico Human Rights Commission New York City (N.Y.) Commission on Human Rights New York State Division on Human Rights North Carolina State Office of Administrative Hear- ings North Dakota Department of Labor Ohio Civil Rights Commission Oklahoma Human Rights Commission Omaha (Neb.) Human Relations Department Oregon Bureau of Labor Orlando (Fla,) Human Relations Department P;ducah-(Ky~)lIuman Righls Commission Pennsylvania Human Relations Commission Philadelphia (Pa.) Commission on Human Relations Pine lias County (Fla.) Affirmative AClion Office Pittsburgh (Pa_) Commission on Human Relations Prince George's County (Md.) Human Relations Commission Pueno Rico Department of Labor and Human Resources Rhode Island Commission for Human Rights Richmond County (Ga.) Human Rights Commission Rockville (Md.) Human Rights Commission $t Louis (Mo.) Civil Rights Enforcement Agency S1. Paul (Mn.) Department of Human Rights St. Petersburg (Fla.) Human Relations Department Equal Employment Opportunity Salina (Ks.) Human Relations Commission and Department Seattle (Wa.) Human Relations Division Sioux Falls (S.D.) Human Relations Commission South Bend (Ind.) Human Rights Commission South Carolina Human Affairs Commission South Dakota Division of Human Rights Springfield (Oh.) Human Relations Department Tacoma (Wa.) Human Rights Commission Tampa (Fla.) Office of Community Relations Tennesste Commission for Human Development Texas Commission on Human Rights Topeka (Kan.) Human Relations Commission Utah Industrial Commission, Anti-Discrimination Division Vermont Attorney General's Office, Civil Righls Division Vermont Human Rights Commission Virgin Islands Deparlment of Labor Washington Human Rights Commission West Virginia Human Rights Commission Wheeling (W. Va,) Human Rights Commission Wicbita Falls (Tex.) Human Relations Commission Wisconsin Equal Rights Division, Department of Industry, Labor and Human Relations Wisconsin Slate Personnel Commission Wyoming Fair Employment Practices Commission York (Pa.)HLiman Relations Commission (b) The designated Notice Agencies are: Arkansas Governor's Committee on Human Resources Ohio Director of Industrial Relations Raleigh (N.C.) Human Resources Department, Civil Rights Unit (45 FR 7542, Feb. 4, 1980, amended 45 FR 56804, Aug. 26, 1980,45 FR 59565, Sept. 10, 1980, 45 fR 64578, Sept. 20, 1980,45 fR 68933, 0<(, ]7, 1980,46 fR 33030, June 26, 1981,47 fR 22094, May 21,1982,47 FR 24542, June 7, 1982.47 FR 24703, June 8, ]982,47 fR 36819, Aug, 24, ]982,47 fR 52698, Nov, 23, 1982; 48 fR 10645, Mmh 14, ]983, 48 fR 38231, Aug, 23, 1983, 48 fR 46298, Oct. 12, 1983; 48 fR 52579, Nov, 2], 1983; 49 fR 1054, Jan, 9, 1984, 49 FR 6368, Feb, 21, 1984,49 fR 39053, Oct, 3, 1984; 50 FR 3510, Jan, 25, 1985; 50 fR 4648, feb, I, 1985; 50 FR 38115, Sept. 10, 1985; 50 fR 4] 135, Oct. 9, 1985; 50 FR 52773, Dee, 26,1985; 51 FR 30486, Aug, 27, ]986; 51 fR 32073, Sept. 9,1986; 52 FR 34215, Sept. 10, 1987; 54 FR 13519, April 4, 1989; 54 FR 20123, May 10, 1989, 54 FR 38671, Sept. 20, 1989, 56 FR 9624, Mar, 7, 1991) , " , [~ 8925] ~ !~Q!:75 Certification of designated 706 ag~nci~. (a) The Commission may certify designated FEP agencies based upon the past, satisfac. tory performance of those agencies. .'I~e effect of such certification is that the Commission Shall accept the findings and resolutions of 118925 5052 L.rn--fl8lul.tlon~rd.rI 114 4-91 designated FEP agencies in regard to cases processed ~nder contracts with those agencies,) -without individual, case.by.case substantial ~we-ight - review by the Commission except as provided in ~ ~ 160\.76 and 160\.77 of this part. (b) Eligibility criteria for certification of a designated FEP.agency are as follows: (1) That the State or local agency has been a designated FEP agency ~o~_4X~~~S; (2) That the State or local designated FEP agency's work product has been evaluated within the past 12 months by the Systemic Investigations and Individual Compliance Programs, Office of Program Operations, and found to be in conformance with the Commis- sion's Substantial Weight Review Procedures (EEOC Order 916); and ' (3) That the State or local designated FEP agency's findings and resolutions pursuant to its contract with the Commission, as provided in section 709(b) of Title VII, have been accepted by the Commission in at least 95% of the cases processed by the FEP agency in the past 12 months. (c) Upon Commission approval of a desig- nated FEP agency for certification, it shall notify the agency of its certification and shall effect such certification by issuance and publi~ cation of an amendment to ~ 1601.80 of this part. [46 FR 50367, Oct. 13, 1981; 54 FR 32061, Aug, 4, 1989,56 FR 9624, MaL 7, 1991J (~ 8926] ~ 1601.76 Right of party to request review. The Commission shall notify the parties whose cases are to be processed by the desig- nated, certified FEP agency of their right, if aggrieved by the agency's final action, to request review by the Commission within 15 days of that action. The Commission, ()n receipt of a request for review, shall conduct such review in accord with the procedures set forth in the Substantial Weight Review Proce- dures (EEOC Order 916), [46 FR 50367, Oct. 13, 198IJ (~ 8927] ~ 1601.77 Review by the Commission. After a designated FEP agency has been certified, the Commission shall accept the findings and resolutions of that agency as final in regard to all cases processed under contract with the Commission, as provided in section ~ 8926 709(b) of Title VII, except that the Commis, sion shall review charges dosed by the certi- fied FEP agency for lack of jurisdiction, as a result of unsuccessful conciliation, or where the charge involves an issue currently desig- nated by the Commission for priority review. (46 FR 50367, Oct 13,1981, amended 51 FR 18778, May 22, 1986J (~ 8928] ~ 1601.78 Evaluation of designated FEP agencies certified by the Commission. To assure that designated FEP agencies cer- tified by the Commission, as provided in ~ 1601.75 of this part, continue to maintain performance consistent with the Commission's Substantial Weight Review Procedures (EEOC Order 916), the Commission shall provide for the evaluation of such agencies as follows: (a) Each designated FEP agency certified by the Commission shall be evaluated at least once every 3 years; and (b) Each designated FEP agency certified by the Commission shaH be evaluated when, as a. result of a substantial weight review requested as provided in ~ 1601.76 of this part or required in regard to cases closed as a result of unsuccessful conciliation or for lack of juris- diction as provided in ~ 1601.77 of this part, the Commission rejects more than 5% of a designated FEP agency's findings at the end of the year or 20% or more of its findings for two consecutive quarters. "''hen the Commis- sion rejects 20% or more of a designated FEP agency's findings during any quarter, the Commission shall initiate an inquiry and may conduct an e\'aluation. (c) The Commission may, on its own motion, require an evaluation at any time. (46 FR 50367, Oct 13, 1981] (~ 8929] ~ 1601.79 Revocation of certification. Certification of a designated FEP agency is discretionary with the Commission and the Commission may, upon its own motion, with- draw such certification as a result of an evalu- ation conducted pursuant to ~ 1601.78 or for an)' reason which leads the Commission to believe that such certification no longer serves the interest of effective enforcement of Title VII or the ADA. The Commission will accept comments from any individual or organization concerning the efficacy of the certification of any designated FEP agency. The revocation shall be effected by the issuance and publica- C1991, Commerce Clearlng House,lnc. ( ( ( \ ( \ \ \ \ ! 115 5,91 EEOC Procedurol Regulollons 5053 tion of an amendment to fi 1601.80 of this part. [46 FR 50367, Oct. 13, 1981; 56 FR 9624, Mar, 7, 1991) [~ 8930] ~ 1601.80 Certified designated FEP agen- cies. The designated FEP agencies receiving eer. tifieation by the Commission are as follows: Alaska Commissio:l for Human Rights Alexandria (Va.) Human Rights Office Anchorage (Alaska) Equal Rights Commission Arizona Civil Rights Division Austin (Tex.) Human Relations Commission Baltimore (Md.) Community Relations Commission }!!:{lY"ard County (Flfl,.) Human Relations"Commis- sion California Department of Fair Employment and Housing Clearwater (Fla.) Office of Community Relations Colorado Civil Right~-Commissi~n Connecticut Commission on Human Rights and Opportunity Corpus Christi (Tex.) Human Relations Commission J)ad~ CountY_J..Fla.) Fair Housing and Employment - Commission ---- District of Columbia Office of Human Rights East Chicago (Ind.) Human Rights Commission Fairfax County (Va.) Human Rights Commission Florida Commission on Human Relations Fort Wayne (Ind.) Metropolitan Human Relations Commission Fort Worth (Tex.) Human Relations Commission Gary (Ind.) Human Relations Commission Hawaii Department of Labor and Industrial Rela- tions Idaho Human Rights Commission Illinois Department of Human Rights Indiana Civil Rights Commission Iowa Civil Rights Commission Jacksonville (Fla.) Equal Employment Opportunity Commission Kansas Commission on Civil Rights Lexington-Fayette (Ky.) Urban County Human Rights Commission Louisville and Jefferson County (Ky.) Human Rela- tions Commission Maine Human Rights Commission Maryland Commission on Human Relations Equal Employment Opportunity Massachusetts Commission Against Discrimination Michigan Department of Civil Rights Minneapolis (Minn.) Department of Civil Rights Minnesota Department of Human Rights Missouri Commission on Civil Rights Montana Human Rights Division Nebraska Equal Opportunity Commission Nevada Commission on Equal Rights of Citizens New Hampshire Commission for Human Rights New Hanover (N.C.) Human Relations Commission New Jersey Division on Civil Rights New Mexico Human Rights Commission New York City (N.Y.) Commission on Human Rights New York State Division on Human Rights Ohio Civil Rights Commission Oklahoma Human Rights Commission Omaha (Neb.) Human Relations Department Oregon Bureau of Labor Orlando (Fla.) Human Relations Department Pittsburgh Commission on Human Relations Puerto Rico Department of Labor and Human Resources Rhode Island Commission for Human Rights 51. Louis (Mo.) Civil Rights Enforcement Agency 51. Petersburg (Fla.) Human Relations Department Seattle (\\'ash.) Human Rights Commission South Bend (Ind.) Human Rights Commission South Carolina Human Affairs Commission South Dakota Division of Human Rights Tacoma (Wash.) Human Relations Di,rision Tennessee Human Rights Commission Texas Commission on Human Rights Utah Industrial Commission, Anti.Discrimination Division Vermont Altorne)' General's Office, Civil Rights Division Virgin Islands Department of Labor Washington Human Rights Commission Wisconsin Equal Rights Division Department of Industry, Labor and Human Relations Wyoming Fair Employmem Practices Commission (46 FR 50367, Oct. 13, 1981, amended 46 FR 62056, Dee, 22, 1981; 48 FR 38231, Aug, 23, 1983; 48 FR 54222, Dec. 1,1983; 49 FR 24721, June IS, 1984; 49 FR 36006, Sept. 14, 1984; 49 FR 38252, Sept. 28, 1984; 49 FR 45424, Nov, 16, 1984; 49 FR 50718, Dee, 31, 1984, 52 F,R. 43, Jan, 2, 1987; 52 FR 45454, Nov, 30, 1987; 52 FR 48998, Dee 29, 1987; 53 FR 3888, Feb, 10, 1988; 54 FR 35875, Aug, 30, 1989,54 FR 40657, Oct. 3,1989J 'Il8930 _......~-;,,--~-~--------,,-~.-"._._-".,---_.~"- ATTACHMENT E "~...__~,.._~~u_."._,_~~"__,,,_.__,...._~___~..._,~,_~. .. -' II ~ 1 ~ Y "S\Sl FAIR HOUSING ADVOCATE Fair Housing Council, 835 W. Jefferson St., Room 108, Louisville, KY 40202 February 1991 Mansfield Priorities: Equivalency, New Coverages, Complainants Rights Protecting complainants rights, meshing existing enforcement with the new coverage areas, and assisting agencies achieve equivalency are the three-fold priorities for equal opportunity at HUD, according to Gordon Mansfield speaking in Louisville Kentucky. That was the message from the HUD Assistant Secretary for Fair Housing and Equal Opportunity to the Annual Conference of the National Association of Human Rights Workers in October. Mansfield said the Department would provide direct technical help to agencies seeking equivalency. He said the HUD goal was to get as many agencies qualified as possible. Mansfield said, "What we need is to come together and cooperate to get the job done." Mansfield praised the human rights agencies in South Carolina and Texas for their successful efforts to pass new laws that are equivalent. He said HUD had yet to determine than any new law was not substantially equivalent - that some were still under study. The Assistant Secretary said HUD had made good progress with its complaint processing under the new amendments. He said in the first 14 months 13,500 complaints were filed and 7,500 of these were filed directly with HUD. Of those, 2,250 were conciliated and 2,250 were closed administratively, Remedies total $2,8 to $3 million. About 1,000 cases are in Washington, DC for consideration by the HUD General Counsel for filing with an administrative law judge. About 2,000 are still under consideration in the HUD field offices. Mansfield said the accessibility guidelines will be implemented and that the handicapped and disability portions of the act would be enforced. The Assistant Secretary said it was more important to protect the rights of complainants and they should not be cut off because ~ ~~?~}i~-:~GfI~! ':6 r~;";:'~'-~' Gordon MansJield, HUD Amstanl :>ecretalJ' for FDi, Housing and EqruJ! Opportunity. who SF"'" to the National A.=iation of Human Rights Worlcer.r annu.al conference in Louisville.. of the 100 day deadline set in the act. Mansfield said he wanted to "speed up the process of getting the money out the door" through contracts with fair housing agencies, Inside Newspapers liable for biased Housing Ads{ 2 Civil Rights Division leads with 81 cases in 2 years! 3 Mailing list additions! 3 Resources for.Fair Housing, Equivalency/4 .. .._._--~,._=--,--------,-,~--,,,,,,'_.'''"-'''-'' l"\.l'l'CIIUIA J. - rc:111 nUU~111l;; l"\.~M~L4l1~C; r lUl;;Hl111 Allocations from Fiscal Year 1990 Budget Case Capacity Processing Training Incentive Building State and Agency Amount Amount Amount Amount Total Alaska Alaska State Human Rights Commission $4,500 $4,000 8,500 Anchorage Equal Rights Commission $14,250 ' $4,000 $35,000 $53,250 Arizona Phoenix Equal Opportunity Department $13,500 $4,000 $45,000 $62,500 California California Department of Fair Employment and Housing $234,000 $4,000 $75,000 $313,000 Colorado Colorado Civil Rights Division $25,500 $4,000 $29,500 Connecticut Connecticut Commission on Human Rights and Opportunities $33,750 $4,000 $37,750 New Haven Commission on Equal Opportunities $2,250 $4,000 $6,250 Delaware Delaware Human Relations Commission $15,000 $4,000 $45,000 $64,000 Florida Florida Human Relations Division $15,000 $4,000 $75,000 $94,000 Clearwater Office of Community Relations $15,000 $4,000 '$35,000 $54,000 Equal Opportunity Office for Hillsborough County $35,250 $4,000 $45,000 $84,250 Orlando Human Relations Department $15,000 $4,000 $35,000 $54,000 Pinellas County Office of Human Rights $14,250 $4,000 $45,000 $63,250 Tampa Office of Community Relations $21,750 $4,000 $35,000 $60,750 Metropolitan Dade County Fair Housing and Employment Appeals Board $21,750 $4,000 $25,750 Broward County Human Relations Department $7,500 $4,000 $11 ,500 Escambia-Pensacola Human Relations Commission $5,250 $4,000 $9,250 Gainesville Human Relations Commission $0 $4,000 $4,000 Jacksonville Community Relations Commission $5,250 $4,000 $9,250 SI. Petersburg Human Relations Department $750 $4,000 $4,750 Tallahassee Department of Community Improvement $2,250 $4,000 $6,250 Lee County Department of Equal Opportunity $35,000 $35,000 Georgia ~eorgia Office of Fair Employment Practices $35,000 $35,000 3S ~..'" ~ . _ 'oW n ~ .......... . ~ ... , ...l'~ " TO 3'lt'd =, Ln ~ g 8'~ ~ g 5 ~ ~ 5 .. "'~=.. 'il .8l!-s.8 0, g:5,51l~~~~~'ii~ !:, i~,~i~~! i~'~~ 2 .... .J:." >0 .8 ~ .. i -:l O! ~ 8 ~ - 'a :; ~~ :I'..',J"i ',~'~ g.s ",.-a= 0: ......1. .> '4.l~':1 \04 f') .--ou. ~ ~ ..a ";e- E!'O:S" -5 ~ ' Qt ~1'1f'~s~.g' 3~ ~,~J ~ ' uf oll.~~ ~1 t ~~l~i'; o '"a' 'Cl);SS~v.. ~u8~, ~ CO l' ~",O~~-';;-'!1 ]""~" '-:;,'.. · Q):::: "ri-5~~:e ~~~ .', ~ ~'-'.; '~~~~~~ I ~i ',c., ~ en;. jtg.:" 0]"'-55,,,>.'1;.8,,,,,- , ;:: '~r~ ~,~ '~~~,51~.9 3 ~'a~' , lA"; g,]", ~ .. .;~~ ii~ oo.a_ ~ " . V~ ~ ~~ ~~~Q~~~~' B'":!J ,';:: ~i ,,0 "":,,,,~r-<,' ,) '" ,.2 ~ '" !l 51 lO ~ ell ' , ,'l~ .: "-0. ~::~ ~:<1 ~& C).. -'-:~;~.~-; ..'tj.~,,-:i2~4.l "m .~li:a$O:;OOV)M_: -00 COO o~.~ .- ~ ' C '; ~ ,U .::is l! ~ :!:,~ 1UJ-a .- eI)' " :1: O:~ .c :', CO "tJ. ' ~.- -' I.: I OJ - Li.:c - en en ~,~~I',l'),:a ~e4-a ~8g' "'"" -",<:; I' <l) eSl ~ ...~::l; ~...c:: ~~ QJ~o5J ~.:,+J. :-. .~:::2'J'S oS'i3:'-'.o 13-0... 1%:'''' .. ..:c v ~ illi].fl ~l~~' w~-5 ::l;';;:"'Q i5. tw..lll oo".8",~ '11:9/8 O~~~,3 " ~'tl ~ :S." 9/ ~,;;j 5 '" .. 2! !-o ~ -;j 13 ~~ . .. -a ,g .. 00:"'''''- 5";3 "" ...'_ ill ~ "",,_o"tl; -".,,{j ~ g.:!:l ." v ';l <5 c. 1A il .. .. ... "-9 0 e", .. ..8'~.8gli l:o 88;;j "'~~- ~........ .!>~-.. I~- ~ :f ~ l~ .... ~ ..... ~ ~ 00 \:) f'1 ~ '1 ttl/~ M o{ ~~ ~ I)' ~(-l.. ~ '.,",,- (), v it.3 ~ C) ~ ~ III W ~ ' r " '" "\ ,C ,~ ~ .:I+~-..: .... ~~\A~;-_!... ...... - .::i v- ~ tc:1 f ....,3, ,., A ~~.-t' ~.. , 10" -: I Q j ~ ji ~ :~~./.1"t---f ~ ::t: ~ Ii- <:(: ~ , t,.- ~~ ;l1 ];0--,< '+ " '; ~ o ' t ~ .J" ~. -.~l~'i;\' - ~t' 1'/' 1_ ~_..l .C1 ~ln '\j lbGl l. I B,1~ . _1.J~,~ .~ ~ '1:1 l_~;nr' II) 0, ~ 0., i': 'J'" :; ~. ,.' (~- - - ~, . ~,'; n"-.:'?t"'-:;: T8- t : :~3 Nld SlH'lld H )~O ~~--~ ~~~-"'""-"'~ ~.~-~ "~..,,_....-, .~--"- ATTACHMENT F .,_.,_-...-......_----""--'~.._,._._.,_..-..._-._-"'.,-'--'- BB NEWS-PRESS, THURSDAY, APRIL 9 1992 ' STATE ' - Discrimination bill goes to Chiles\ vetoed a similar bill that would b.ave allowed unlimited \ punitive damages. However, this year's measure (CS.SB 1368) again won easy passage in the House and Senate and was acceptable to the governor. Black and Jewish groups also supported the bill, and the American Ch-B Liberties Union officially backed the measure despite criticizing it for not being tough enough. "The only thing historic about it is it continues the trend that women have to fight fortheir rightsan inch at a time:' said Charlene CarTes. lobbyist for the ACLU. She' 81so said the new Florida statute doesn't provide \'ictirn:, ; with the same levels of prolectioD 85 federal law . The legislation would all 0.' punitive damages In ci\'il . rights suits but limit them to $100,000. Jt also would' prohibit golf, yacht and other private clubs where busi. ness is transacted from discriminating against women and minority group members, PassagE' of the club discrimination provision would open up such facilities as !be Everglades Dub, Bath and Tennis Dub and Sailfisb Dub In Palm Beacb County, the lJluderdale Club in Broward County aDd !be Bal Harbour Dub in Dade CounlY to minorities, ""This is 8 ...elcome development for Florida," said Mark Freedman, executive director of the American Jewisb Congress, ByThe Associated Press TALLAHASSEE - A civil rights bill that stiffens state penalties for discrimination and requires some private clubs to open doors to minorities was signed Wednesday by Gov, Lawton Chiles, The new lawwm tal;e eflecl July 1. "This la"" is one of the surest forms of defense we tla\'e against the preju- dIce and hatred thaI tear the seams of our unit\:' Chiles said. "We all know that it's 'not our neighbo:s' skin color, sex, ndtional origin, marital statllS or any other special consideration that's impoT1ant. It's how they use what they have to make adifference," The bill provides _uc1imit~!tJ.9!!.1~~tOT)' damages to victims of discrimination, punitive damages up to S100,OOO, and extends the statute of limitatiom, to ODe year for victims to present claims, doubling the previous limit of 180days, ~ ~. At the same time It treats the business community fairly In that irs Dot overburdensome in terms of !be punitive damages," said WIDie Logan, Mpa,Locka, "Tbere Is reasonable opportunity to settle before going to coun." Chites last year, at !be ~uest of business Interests, CHILES ATTACHMENT G Table 6, Statistics for Places With 100 or More Minority-Owned Firms: 1987-Con, {Detail may nol add to lotal because 01 rounding Bnd because 8 firm may be included in more than one minority group (see Survey Methodology in the introductory text) abbreviallons and symbols see Introductory ted. For explanation of terms. see appendIx A. For mlOt'matlon on geographic: areas followed by.6., see appendix C] Geographic area FLORIDA-Con. Da\lie________n.+_u____________h__~n_____________n__ __n Day10na Beach .__nn__u.n.__+u_u_n__nnn___nh+__n_ Deerlield Beach nnn..__nnu__nn__unn__n_n__.+hh+ Delray Beach _ _ _____ .__ ___ __. __ __ ___ ________ ______+_.u___.uo Fort Lauderdale nu_n__n__n______nn_nhu_____nn_nn Fort Myers _nnn_u_n_nn__uun__nnnnnnn_hnun Fort Pierce __ .u___nn_ ____n____nun__ _..__u__uun_ Fort Walton Beach__+__ +uh_n_h___+_+uuuuuu____n_n Gainesville ______ U______h_ ___u__u_u____________nn+__ Hallandale '" _++uu_____u_nuu_______n_____h____++_nu_ Hialeah________.++_____+________n_________________________+_ Hialeah Gardens__________________________________n__++_ _+_u Hollywood_ __ _ _ _ _n__ _n__ _n__ __ ___ ___ n+n nu_+n _nu n__ Homes1ead_________________+________+________________________ Jacksonville "'_n_unn__u_uu___n ___ _________n____nn_ 1 >) 7 6 5 , >) 2 >) 9 o >) , >) >) >) >) 2 2 >) Key West ___n__nn__h__.nnn_____________n_n__n_n Kissimmee _ n nu _ n_ u. n _. _ n_ u __ n_ _ u _ __ _ _ _ _nn_+ nn__ lake Clarke Shores _____n_nnn__n_n_nnnn_ _nn__n++ Lakeland n _ _ _ ___ __ _ n n _ _ _ _ n n _n nnnn _n n_ _uu _ n_ ___ lake Worth nn ______._ ___n ___._ u n_ nu_nun lauderdale Lakesn____.n___un_n_n_n_ _ __h __nu_._n Lauderhlll _nn_n_n_nn_n___nn_n_n_ _____ u_._unu Longwood___+ ___ .++____ __n_.h.n._____ u__unn_.nn_ Margate +__n____nn_uuuunu_u_un___nn_____n_ Melbourne n_.n__n___.____nn.n_uu_n__.n____ nnnn Mlami_n_n___nnnnnn.nnn_nnhn_ nn ____+_n__+. Miamt Beach __J..___nn__nnnnn.nn__ _.__. _u.__u.n_ Miami Shores +n+O_..___n_+n+ __+_____u u_.un_u_____n Miami Springs +__u+n.._u_uu._____+__+u _n__nuu__un Mifamar___...___..____...__.._.__.______.._.._..._....__.._.. ~ Naple5-n__ +______.____++_ _.u+___u..__u___uuu.__u North Bay Village u____.n_.unn.u___.un__un___u_____. North Lauderdale .u.n______n_.____n__unn__n_.n___n__ North Miaml___n__nnnnn___n.nn_ _n__n_n+ _n+n_h North MLami Beach ,__+__ _+__n_ ___.+._hU+__UU_+ ') 2 2 3 ,) ,) 1 ,) ) Oakland Park_ _ _ __. _ nn u___. _ _. _ .nn__ _ _ u non _ nnnnn_ Ocala_n_n_n_nnn_n>nnnnnnu__nnhn n un'n' Opa-Iocka n _ _ _ n _n >n ___ ___n .nn n_.n n __nn_ _ ._+_ +h_ Orlandon___u +_u___uu_ ___ _U' __u__ +u ___U Palm Bay .___nun_._.__n_._.___u.u__u_nu_.u_.___u__ Palmetto _.___n_nn_h_nn_n __.nn__ __n.n .___._+nn Panama City _u__ __++++__ .u_.n_. _+_+_ a_u ____._ PembrOke Pmes .__u.a.uu_u_ a+___. a..nanuun.._ Pensacola u.au _n_.nnn_n___u.u.u___.n_nnnunn Plantation u _n_non_nn___ on____unn_n_nunnn_nu.. Plant City n_nnnnn_n+_n.. __n.. n_ __ _h_ ___ Pompano Beach_____n__+_h.._ +___n n+H_'+" +__ _____u RIVIera Beach _n_nn.__.h_+. ______+ +__+_..__ _++u_._.+++ Ro)'al Palm Beach ._++.++U_____n_u_+__.uu...._anuun_ SI Augustine .nu_ _.__.____n___n_.n___n__ _n_ _n_nn_.n St Petersburg nn_+nhu'nn_n_nh_.n++__.un._uu__.. Sanford. h n+_+'" _.. h_++ n' _+__+ _+++_ ____u .u~_ u _.u nn_ Sarasota _. _ _ _ + _ _ __ u _ n.u u _ u. nu _ u_ n _ n _ n_ n. _ nn nn Soufh M.ami__.__._u_.____u__n._u.nn_n_...__. _nnhn Stuart _. _ _ n _n n _ n n_ n _ n _ n n _ n n_ _n ._+++_ _u. __uuu 0 Sunnse + __uu _uu _ __u _ ___. u _'. U .u__ _ u __ _.n _ __. _ _ n __. Sweetwate' _ n _ n n _ n _ __ n_ _ _ _. _ u __ _ n. u_ n_ un n_nn___ Tallahassee n _ nn. _ u.. _ n _ n n _ n n.. n n_ n_ n__n+ _ +_._>_ Tamarac____....___h__ ++n+++-_ _non ___u+__nnn._... Tampa_ +_..__.uuu____u_u_u+_ u_ _...u_nun_un.u Temple Terrace ..aU_h,_U_ +u au_+ _____uuuu.n__. Titusville.. _. _ u u. n. _. _ n _ u ___ _ u __ _ u.u.u _ u n. _ _ n. _ _ n Yere:- Beach __.____n_u_.___..u.__nu_.u.n.nn_nn_n__ Wes1 Miami __.____.nnn.___.nnn__._.._.__n.n__n__n_. West Palm Beachnh n__'.n_ n nnnnnnn .___n_h+ W,nter Haven__.u...a ____ _n _h_.+ _+__ ______ "+h Wlflter Springs __uu____uu .__._ __a_ uua. _.__unan GEORGIA Alban)' . _ n. __ __+- ++_.. _n n+ _ n.' _n n_ n_ nnhn'hnh'_.+ Athens__....__.._._..____.._...__.._.._..____....___.___.__.. Allanta'" _____n._.___n_+-.n___.n___.__n__nnnnnhn. Augusta___.._._____._..__.__.__.____.__.__.__._..__...__._... Brunswlck_ +__a_au _.. n_n.__ __ __.._. nnh__n Carrollton ____+__+__"_ __u __nn>n n ._. _h_ _. +_nn. Collegp. Park'" _nn__. _unnnn..nun an. nuu..nu Columbus'" __>_ ____+_ _n_ nnnnn n.n .__n_nnn Conyer~ ___nu.....____u___ u++n a_ __u._ __ an_u_ Covlflgton_ ____n___ nn.n_. .___n_n_nnnn_ Firms (number) 185 356 ", 272 1152 8239 199 782 229 2696 14111 1331 14' 364 396 ---1* 236 621 64' 1118 160 339 "0 100 225 346 647 133 2764 548 ", 4281 327 195 107 ", 1076 126 106 I See !~01nOleS at end Of taol& '-Ir MINORITY-OWNED BUSINESS ENTERPRISES Alllirms Sales and receipls (51,000) A 9790 27703 14393 21 077 75450 235 373 105 '06 182 14466 28 172 to) 20590 14075 322 241 245 312 245 520905 to) 64715 22 968 to) to) 33690 5 582 16199 12594 336 496 173 '" 170 7300 20408 12931 15429 6654 1 368650 58715 3525 26735 8693 14 136 to) 6534 30593 31736 180 312 250 960 231 11684 38197 16247 76218 9736 2700 13756 35637 24909 26648 126 261 '31 373 423 150 '02 362 131 127 9719 26521 to) 7 572 to) 52442 to) 20664 28927 9201 7094 16027 48549 13228 296 389 146 106 150 2'3 89' 216 115 3619 12407 to) to) 46842 13137 6 732 25319 to) 306 963 to) to) 4425 to) 58941 to) tOJ Firms (number) B 1018 43 159 73 6~5 2'" 157 13 65 27 Firms with paid employees Sales and receipts ($1,000) c 26 105 59 75 230 64 100 30 117 2B 6816 22 179 10151 17 23B 54 435 to) 19893 to) 15707 to) 380993 to) 52345 tOI 143773 79 " 26 62 32 33 " 21 33 " to) 25753 2943 10.801 6906 3263 12556 to) to) <521 1 173 9-19 35522 1079 (0) 3049 " 9 12 91 73 43 106 " 234 49 to) 1354 to) 16738 20101 , 665 to) to) to) 5809 21 63 56 10' 95 to) to) 27870 20101 16080 2B 112 " 13 " to) 18889 to) to) to) 261 43 103 57 2B 37923 to) to) 21492 7941 31 34 166 26 75' 2958 to) to) 10703 247673 22 30 63 51 166 70 16 1617 9622 9506 to) 30965 9850 to) 16' 55 675 113 64 16 50 2631 32 26 to) to) 310792 to) 6600 to) 12 760 to) 8876 2527 Employees (number) o 95 6.. 372 290 B21 (01 29' to) 26' to) .947 to) B29 to) 2164 to) 355 43 20. 224 53 164 to) tOI 10' 12522 502 19 to) eo (0) 13 to) 247 262 95 tOI to) to) 77 to) to) 232 29' '" tOJ 353 (0) to) (0) 560 to) to) 19!? 155 51 to) to) 136 3164 " 101 12' to) ." 207 to) to) to) . 042 to) 110 E Annual payroll ($1.000) F 973 4351 3258 3070 11613 to) 4269 to) 2750 to) 60487 tOl 10094 to) 21049 to) 4063 426 2421 2362 627 2089 to) to) 613 161371 5357 150 to) 1042 (0) 163 to) 2356 3213 1427 to) to) to) 896 to) to) 4025 2908 2776 to) 6001 to) to) to) 7163 to) to) 2915 1 773 474 tOI to) 1561 39526 351 905 2010 to) 6373 2342 tOJ to) to) 54553 to) 964 (0)1 169 to) 135 51 to) 2362 to) 1365 '" --~ Relative Slandarderror of estimate (percent)' lor column_ A 15 6 10 6 5 6 7 9 6 14 3 16 , 15 2 11 12 17 7 13 5 5 14 15 9 2 7 17 12 11 16 23 16 , 6 15 7 10 6 12 27 . 12 5 9 15 7 2 16 14 , , 9 " 10 11 13 , 15 , 17 6 14 15 6 9 " 1 3 1 3 2 6 1 2 7 5 B! J 51 , 5 3 c '0 12 9 6 5 7 12 5 , 6 3 to) 6 to) 11 to) 1 to) 3 to) 2 . , to) , 5 5 , 7 10 10 1 to) , 13 tOI to) . 17 10 14 , 15 9 " 2 16 19 '0 , 10 to) 5 27 7 10 , , 11 6 7 11 14 12 20 7 15 6 to) to) 7 1 , 20 6 11 2 )2 19 22 12 1 6 39 to) 13 " to) 26 5 , 23 " 20 13 , 9 13 7 3 24 to) 11 to) 5 . 7 3 , 2 11 6 to) to) to) 16 12 , 5 3 , 36 11 " 9 13 tOI to) . 3 6 9 2 to) 14 to) 12 9 3 11 10 6 13 10 19 10 to) 3 tOI to) to) 2 tOI to) 6 3 2 to) 6 5 , 1~ I 2 6 2 17 " 6 13 , 17 to) to) , 2 17 , to) tOJ , 9 23 " 11 30- 2G , 16 33 24 , 12 to) 3 12 to) 1 to) to) to) , to) 2 to) to) to to to 3 7 1 5 12 , 3 6 5 to) 2 to) 1 1 SUMMARY 69 -' . -- Table 4, Statistics for Metropolitan Statistical 1987 -Con, 100 or More Minority-Owned Firms: [D€tail may no! add to lotal because of rounding and because a firm may be included in more than _one minority group (see Survey MethOdology in the Introductory lexl). For meaning of abbrevIatIons and symbols, see Introductory lext. For explanation Of lerms, see appendix A. For dellnltion of MSA's. see appendix B. Por InformatIOn on geographIC areas followed by .A.. see append,,, C] All firms Firms with paid employees RelatIVe standard error Of Sales and Sales and Annual eslimate(percentj' GeographiC area Firms receipts Firms rece.pts Employees payroll tOr column- (number) ($1,000) (nurnbet) (51,000) (number) (Sl00CI A 8 C 0 E F A B C 0 Mobile, AL M5A n_n..__n____+ ____n_.n_un__n_ 1 666 .. 097 ..3 '6 752 1 113 10 950 2 1 3 , Minority men ___. _n_ ____n____nn_n_ ___n_n__n________ , 088 81 549 287 66 081 908 9 248 2 , , - Minorilywomen____________. --00_00- --- ____n_u___ n__n_ 578 17 54B 96 10671 205 , 702 3 2 , 1 Modesto, CA MSA u_ u ________n_ ------- ______. 1 774 ,,, 289 447 111 643 1 864 19 597 6 , 8 , Minority men ____u _____. u u - __unnn un_n. --un , 329 '31 383 372 96 640 1 645 17 885 6 . 9 , MIf10fllywomen_______. __nu -, ___n__ ____u_n_ __unn_ 445 19 90S 75 15 003 219 , 932 12 11 15 14 Monmouth-Ocean, NJ PMSA_ u _n___'u____._ n_. 2 603 216 162 694 153 '" 2 0" 27 897 2 2 3 , Minority men --00- _un --00. _--_00_---- --_00.00 _____. , 756 155 ", 422 107 068 , 382 " 220 3 2 . , Mmority women.._ HUU __nn __uun_. ____n_ _--00- 6" 59 781 '72 46 720 '" , 617 . 3 7 3 Monroe, LA MSA 'u ---- n__ 0000.00 ---- .--- m " 267 124 38 927 348 , 100 2 - , , Minor,!ymen u__ _u _00_- __un ----_n- un- 359 101 95 101 (0) 101 2 (01 6 (01 M,nor<!, women_U__n ..-- ---- u ---- u_ ----.- 16~ (D! 29 101 101 (01 , 101 (01 Montgomery, AL "SA , 23' 6S 210 321 48 575 7 739 I .n._ _____u __u___ _____B_ ,.. , , - , Mmonty men --_----00 __u__u_ _._nu --- ___n_ 629 52 '14 246 41 B72' 638 6 50S , , , , MmOrlty women_._____ --- 00_- -- __n_ n_nn.n ,- __nn '05 12 796 75 6 703 13' 1 23' , , - Muncie, IN MSA___n _000000_--- nnn__ _____un_ 150 6 527 34 (0) (0) (0) , - , (01 Mmor;ly men __un._ ____n_ ______nn_ _u___n._ uun__. BS , 596 22 3 640 68 456 5 - , - M;nority women_nnn___n_. .___un_n ____non '____nn_ 65 , 929 12 IDI ID) (01 6 , 12 101 Muskegon, MI "SA ___no ___uun___ _u_n____ 209 , 926 36 5 280 " 7S7 6 6 5 5 M;noritymen _____________n .____nn___ _u___n___ 125 , 422 28 IDI IDI ID) 8 11 , 101 Minontywomen_ _u_n_ ______n_ _u_n_n. _u__nn____ 64 3 SO, . 101 10) (0) 9 2 - 101 -<t Naples, FL M~~ un. ____n__ ____nn_ n__n [728 39 898 165 2S 031 '10 5 327 9 . 16 11 M,nonty men __n. n___U___ un_n._ .__nn_ n___n__ 530 OS '" 140 22 '34 352 , 530 10 '0 17 12 Mmonlywomen_____ _____on u_n__n __n_n__ uunnn 198 , 781 2S 2 597 58 '97 16 10 32 10 Nashua. NH PMSA _____nn__ __unn__ ___un.n_ 21' (D) 33 18 '69 '61 3 391 6 (0) 6 1 M,nontyme" -- _u.n_ ------ uu_n_ ____u_ ,.. 16 489 26 14 967 '36 3 025 6 , 8 , MlnoritYl"ome'l.. _____n.+_ ___u u .__uu_ u____ 67 101 7 3 50;! 2S 366 11 (0) - - Nashville, TN MSA _ ___n._ ----. 0000.- n_nu_ 3 358 15' 274 641 97 251 1 627 16 m 1 1 2 , M,nor;ty men ___. n__un ,- u__n au __nn ___un 2 20' 117 511 '98 76 99; , 339 13 532 , , 2 , Mlnonty women_ u____. _______nn__ uu _00'- __u__nn_ , 157 33 '63 143 20 284 286 3 213 1 2 , 2 Nauau-Suffolk, NY PMSA --- ___unn u _uunn_ 11 '26 1 0" 993 2 '49 '49 142 7833 122 '91 2 1 3 1 MlnOrtly men 00____0000_ _--'00- ___u.nn_ -- __n_n. 7 '" 74' 122 , 72B 537 519 5 m 94 788 2 , , , M,norilywomen___.. ______n._ -- ___nn__ u_u____ nU___ 3 769 27B '" 721 210 623 2 396 36 003 3 3 5 3 N.. Bedford, MA MSA --- u____u_n_ ~ uun 302 15 631 61 10 618 2S9 2 379 5 6 10 8 Minority men _____nn_ ____n nn_ _____n__ _un___ 238 " 853 41 5 526 215 1 98' 6 7 13 10 Mmont) women._ _un._ u__un +_nn.n --- u_ --- 64 2 778 10 2 092 44 492 10 , 14 3 New Brilaln, CT PMSA ______00_ u__uun_, ---- 197 12 546 55 9 ... 144 1 .56 , , 11 3 M,nontymen _u _________. _--_0000 u __u__u -- 145 10 9'6 47 5 750 ,I< 1 529 5 5 13 , Minority women_. ..00-- _u___n --- 0000__ a_u 51 , 590 8 902 30 127 13 10 15 11 New Haven-Meriden, CT MSA __u --- __00_ _n_ , 482 163 96. 317 136 '58 1 111 15 ..0 3 1 , 1 M'"orltymen __n ______n u___u n'- __nu__ _____u 964 130 '34 217 '06 737 862 12 057 3 , , , MmClfllvwomen..._ un ...n ___n.n_ _____uu. 496 33 530 '00 27 721 249 3 793 , 3 8 3 H.. London-Norwich, CT.RI "SA --- ----... --- n_ 347 15 702 75 10 262 182 1 'SS 6 , , 5 M,nOlltymen -- --0000- ___un__ __un --- -,- u 249 '0 374 57 6 049 .104 1 '65 7 6 11 B Minoritywom!"l_ _u ______u .._n. __u nn_ --00. u 10' 5 328 15 , 216 7B 691 11 2 B , New Orleans, LA MSA _00- nn _____aun_ n__ . 92. 368 36' 1 593 229691 3 816 43 663 1 1 2 1 Mlnontymen --.....-. __nn --- ____uu._ __.00. u 6 319 276 146 , 221 168 eas 2 675 30 957 1 , 2 , Minority women__ -- ___u_n_n ____.._n. ----00 2 509 92 215 372 60 606 , 14' 12 576 2 , 2 , New York. NY PMSA --00.- -, --- ___u_. u u u 78 886 , ", 080 11 OS2 3 0" 640 33 737 501 473 - - 1 1 M,nOrlty me', ...-- ____. __n u ------ 51 206 3 469 779 7 954 2 120 813 23 637 3SO 660 , 1 2 , M'nonlywomen_ .... ----_--.00.- -- u 27 680 , 351 30' 3 098 90S 827 10 '00 150 813 , , 2 , Newark, NJ PMSA ----- .n_n ---------.-.-- --- 11 354 928 .63 2 103 686 629 , 202 106 513 , 1 2 1 M.nOflty men ___. --.-- ------un _u u__ n_n____ _u_ 7 520 SSS 653 , 531 376 174 , 810 63 506 , , 2 , MmOll1 womefl_+__.. .00--00' __u_ --- ----_00____--. 3 83' 373 210 572 306 .55 2 392 43 005 2 , 3 , S....lootnoles al end ot table "Ij-MINORITY-OWNED BUSINESS ENTERPRISES SUMMARY 45 .._~.~..~c_._~._~~._."_...___,__.. .._,,,"._,,_.,.~ ...A...~__~__,_.___._ Table 5, Statistics for Counties With 100 or More Minority-Owned Firms: 1987-Con, (Detail may nOI add to total because 01 rounding and because a rirm may be included in mot. than one minorlly group (5&8 Survey Methodology in the ,nfTodl.Ictory lext). For meaning 01 abbrevlahons and symbols, see Introductory telCt. For eKplanallcn of terms, see appendix A_ For I"'ormanan on geographic areas follOwed by .t., see append,. CJ Geographic area DISTRICT OF COLUMBIA District of Columbia .... FLORIDA A!achu3__________n______________..______.._____._ __________ Bay _..Unnnn+..+___nnn___n.h_u__nnn_ <__n_____ Brevard_____________________._______________________.._______ SrQward __ _n_ n_ __ _ _ un _ __ __ __. _ ___ __ __ _n _ __n_ __.+.+ _ _ _ u Charlone h_.U. ___h+ h .+. un ____un_ _ _ Un _ __ __un _ .__n_ ~ Cilrus___.__u________________________________________________ Clay _n_n u_, _..un._ _n n_ _uu _ _ _ ____ n _u___ _nu____ _ u Collier n n_ n_ _ n__n n____n n n__ n_ __h__n n nh__ _ _. _ _ n Dade _ _._ n _,___.:_ n_ _ n _nh_ _ _nnu n n _. u n n__. n u.___ Duval..__________.._._________.______._______.._____.________ Escambia __ _,.u._ ___ ___ ___'_n __. _ ______ ..._ n. __.____ __ ..__ Gadsden_________.__________...____.________________.________ Hardee .-------------__..__n__u____.._____________u______. Hendry ____.....u_________.__._____u_._____,..______.._____ Hernando _____._.._._ _____H_n__.___ _ __._____ _.. _____ _._____ ~:~::~~9-h~~~~~~~~~~:::~~~~~~:~~~~:::~~~~~~~~~~~~~~:~~~~~~~~ Indian River u'~___n,n~'n_nun____n____'h__U_h_____U Jackson ---'_.u______'h____u_.n'_u______.._____________. Lake _____ ____. n______..__n_.~___________ __.~___UU____ ___ Lee .____..__________._n__._.____________._____..______,__._ Leon ____ ,.___.___ ___.,_~_u__________ ____ __ _n___u~__ ______ Manatee _n_ _ __ _ __n__ _.u____ '_____ _..____ .__._n__..____ ___ Marton_,________________________u______._________._.________ Martin___..________.._____,_.____________.______________.____ Monroe n__n_._ Hnnn..____.hn_n___n__h_n._hn_____ Okaloosa hn n_ _'h_ _ n__ _nn _Un _,_ u n n _ ____ _. __n n n_ Orange. _.. _n n_ n. +n _ nu. nnh_n _ _ _h_ n __u ____, un n Osceola -------------------.-____u_._____._______u_________ Palm Beach n---~nn________._U_.__hn__h__n_h___u____ Pasco _______n_n._.__________________________________..____ Pinellas______.h__n+_.____,._n____.____________.n_____~___ Polk _,. __ _ _n_U~n n_ unn__. hn. u _ n Uh_ n n_n_ _ n'h_ Putnam --------.~______.._____._n___._____.______________.__ SI. JOhns --n-nh___n___n____hn___nn____nnnnnu_' 51. LUCie --n--nn-n____n_._hn___nn_._n_u____n_+un Santa Rosa ---un---_hnn__hh_hn_uhnnhnu___hn Sarasota __ _ _ _ _ _u n_ ______n_ _u_ n_hn _ _ __ n n ,. ___n_.__n Seminole .--------.-------n----___________._______________n Volusia n_n_n_ .--nnu___n_.__n_n_n__n_n__n_nu__ GEORGIA ~~~~~~: ::~ ~~: ~~:: ~~: ~~:~~:~~ ~~::~~~~::~: ~~~::~~~~::~:~~~~~~~ Carroft ______ nn----n_n_.nn__h_n_.nn___n___.nnn_ Chathamn__ .________.n_n'._n_'_n_n _____. _nn._n___ Clarke._n__ ---n-_-n.hn____n___n_____nn__n______n_ Clayton _ _.h _ _ _ _ U ___n_ n _.n n_ _ ___ _ __n_ n ____ n ____ _ n n_ Cobb -n_______n___n___nn__n______n ..__u_.nn_______ Columbia _n___ --__n__u_n____n____n_u ___n._n_____n Coweta __._n_n_u__nn___h_u_n_n ___n_h___. _n_u_ Decatur___._______u "-__n_nnu_n_ _.nnnn__u.._nn_ g~~~~~~~~=::~~~~~~ ~~~~~~~ ~~ ~~~=~=~ :~~~ ~~=~=~~~~:=~~~~= :~~=~ Fayette __h_nuu __ n--u___n_nn_____n__n_u__n_u__ FlOYd _ _ _Un _ n _ u _._ _n nu_ _ n_._n_ ___ n __ __ n _u_n _ _ n_ ~~~nn_=~ =:~~ ~~~ ~~:::~::~~ ~~:=:: ~~:=~~ ~~::~~~=::~~ :~~=: =~ ~~~=: ~:~:;:~~~~~~=~ ~~~~:~~~:=:::~==~ ==~~~~~~ ::~:::~ ~::~:~:~~:~:~~ [~~~j:/::~:::j-~~~::-:j~m:j::-~m:-:-Ej~~:::H Newton -n______________"__n___n__"______n____n____~ _n_ i~~~~> ~:::~ :~~::: :::::~:~::~:~::~~::~~~~: :::::~~::: ::~~ f~::~~ ~:= :~~ ~ =:::=~ =:~~ ::~:::::::::::~:::::::::::::::::::::: Ware ---------_n_n__________n__h_____n__n__ n__n__'_. See fOOlnotes at end 01 table ~~ S~;MAR~ Firms (number) 645 382 1098 8281 200 157 =We- 5f"m" '96 5616 267 110 315 703 767 457 612 "6 567 305 3374 334 4049 375 2249 1227 142 200 476 137 571 1121 "6 190 776 154 t 117 325 "6 1500 212 150 '00 5698 566 158 118 171 6043 217 966 156 107 261 158 143 297 1 076 126 1149 129 166 138 134 107 180 107 All firms Sales and recel~l$ ($1.000) A 9772 602789 29583 (0) 66862 463 750 14718 12397 (0) 39888 4192444 185505 793 189 134 155 144 42781 (0) 4 007 12306 9939 32 180 454939 17823 3138 18 696 46453 (01 29891 50748 17009 40418 17569 273503 43723 290142 17767 128200 85881 6550 17277 34038 (D) 46636 70675 103529 (0) 6t 500 6157 56938 11537 35316 101052 25839 8558 (D) 418861 (0) 5 637 7403 11473 473130 9848 60698 8765 6549 (0) 5393 4446 19353 58941 (0) 45 166 11303 30043 8999 (0) 8644 13015 ,0) Films (number) 8 1073 177 29 42 29 1185 74 213 37 24 Firms with paid employees 8alM and receipts ($1.000) c 1412 478635 Employees (number) o . 046 349 269 701 4430 333 144 (0) 410 34 504 (0) (0) 79 24 (0) 1J5 (0) 4400 174 36 396 531 774 514 6" 178 (0) 407 2 777 474 2786 240 1 606 t 164 " (0) 347 63 654 747 1614 170 (0) 71 (0) (0) 333 960 202 (0) (0) 3 770 (0) (0) 69 218 500. (0) 488 118 55 (01 92 (0) 270 (D) 54 ,0) (0) 187 (D) (0) ,0) 92 (0) E Annual payroll ($1,000) F Relative standard error 01 estimale (percenl)' tor column_ A 8 7 5 2 14 22 13 9 , 2 4 3 19 16 15 9 3 " 5 8 7 4 12 6 9 9 8 3 10 3 11 3 5 6 12 7 21 7 . 5 3 I 5 1 3 3 3 7 5 3 1 1 6 9 . 1 2 4 7 5 3 3 5 1 2 4 2 7 4 3 3 7 4 2 8 . (0) 4 1 13 15 (0) 8 2 3 (0) 37 10 9 5 2 7 7 4 4 (0) 7 4 10 7 . 2 4 2 9 2 4 5 . 8 (0) 4 4 3 (0) 1 7 1 4 3 2 3 5 (0) 1 (0) 4 9 7 1 2 5 5 (0) 4 11 2 2 (0) 3 2 2 I (0) 1 1 (D) c o 161 106 2lS 1386 48 4. 43 165 7700 ."" 246 52 29 41 43 19081 13926 45905 305072 11325 9597 (OJ 25031 3 198880 (0) (0) 5314 3364 (0) 8819 89017 3408 2491 6850 57512 2179 1697 (0) 5327 455128 {OJ (0) 1089 1659 (0) 1 766 (OJ 54 443 2551 293 3667 6076 10556 6282 6756 2148 (0) 3430 33200 5101 35933 2335 17699 11431 1016 (0) 4894 9SO 6929 7429 15547 1 180 (0) 720 (0) {OJ 3354 13379 3463 (0) (0) 52340 (OJ (0) 869 1795 67124 (0) 6 t41 1 156 849 (0) 659 (0) 3421 (0) S07 (0) (0) 3451 (0) (0) (OJ 1193 10, 7 9 7 3 2l 15 15 16 1 2 . 11 37 25 17 13 4 23 7 5 9 5 ,. 10 8 9 7 5 1 13 15 (0) 11 (0) (0) 5 44 (0) 9 (0) 2 . 12 5 4 , 7 5 3 (0) 5 1 4 2 9 2 4 5 (OJ 7 10 6 4 2 78 1280 .4 19 77 196 216 "6 156 4. 129 91 759 96 755 101 538 347 45 55 (0) 338266 14223 1944 14516 33574 40110 23872 40153 9912 (0) 13841 220 451 32778 194843 12229 94584 62979 4883 (D) 23243 8412 32928 42899 88292 14 11 4 17 4 16 4 7 9 9 7 35 9 9 7 5 1 9 2 . 6 5 12 4 13 2 3 5 17 4 (0) 7 (0) (OJ 4 2 2 (0) (0) 1 (0) (0) 7 120 " 165 238 296 54 195 26 296 6S 8675 (0) 3605 (O) (0) 1 2 6 13 6 {OJ 3 . 5 (0) 6 (0) 3 {OJ 144 311 46 34 16 23664 72161 22982 (0) (0) 4 13 8 5 3 5 3 6 9 5 6 1 (O) {OJ 3 (0) {OJ (0) (O) 334148 (0) (0) 4024 7765 368396 (0) 38425 6255 4754 63 41 32 64 263 30 280 35 " 29 26 28 43 33 (0) 3804 (D, 15807 (0) 3086 (0) (0) 28513 (0) (O) {OJ 10964 (0) 6 .,rMINORITY-OWNED BUSINESS ENTERPRISES -------.- '" (J os 1ii I , CIl Q) CIl ';:: Q. ~ ~ c: UJ CIl CIl os Q) Q) c: ~ '0; <( '" mta "0 (J Q) ';; C'.;l ~ os O~ ,00 ,~ ai O~ ,= 8. ::;; e - - o Q) >0::;; Q) ...J <:u. '" 00 ::l to-a CO OS ~Z ...J ...J 6' to- " ~ 0 -0 0 ~~~ '" ...J 0 ~ ~ '" e. e.e.e :> 0 ~ ~ O. z a: ~ z ~ ~ '" tl. (J) 00 'C" ~ .,,00 ~O ~ ~~- UJ UJ Q) ... e. a 000 UJ UJ .0 ~ ~~~ >- >- E 0 0 '" ...J ...J .s tl. tl. ::;; ::;; UJ UJ 0 (J) 6' '" '" '" 0 ~o e. 000 4: I- 0 CO N co e. tl. tl. C>. '" ." ~ ~~~ ill N :x: ~ l- t) ~ ;: UJ a: (J) ::;; ~ a: (J) ~ N '" ... 0 ~ 0 N ~ ... ~ Ci: ::;; Q) N .0 a: E u:: '" .s 00 6' " " 00 Dc '" '" '" ~ I- 0 co (!J ... '" 0 e. 0.. ~ " ~ ~~ " ." ... o. ... ~ UJ ~ t) ~ UJ (J) a: ::;; a: '" Ci: 00 ~ N '" 0 0 ~ '" ... " '" ::;; Q) co N ~ N ...J a: .0 ...J E <( u:: '" .s 0; ,;:. (J CIl 0) :;:> Q) c: Q) ~ 0)'" '" ';:: ~ c: "0 >- In ~ ~ u; In Q) 'c c: c: .9 '" u a: Q) ~ E 0 .= :0 Q) In Q) ::> '" I- ';:: .s: "g ::> '" Q) u ,= <a u ;;:: 00 - ~ Q.- !l! ,= 'ii; U) cii 0; ~ ::> '" ,; ::> ~o.rn ~ ., '" In ~ (J '" os 0 u ~ c: t5 '5U)~ (J ?; ,= '" ,- ~ c: ta 'S; U .,~ c: c: c: 0 ., en oj '" J::. ~ - 0) ,- 0 Q) .5 '" '" 0 4: ",- t) ::;;~== a:u. ~ 00 z -,-,.~.~.".,--"., ..,_.."_...."~,~.,.y---"""'<_."...~,,." I" U'ables, Statistics by Industry Division for Metropolitan Statistical Areas With 100 or More Hispanic-Owned Firms: 1987-Con, ,e,-",' m" 00' '" I 10 '01" ,,, 10 ""oO,og Th" "". " bm' '" Ih. 1972 SIC ''''',m, F" ~""'" 01 "bl~j"o", "'" """>01" ~. jo'",,,,,,,,,,, '.,1. F" .'~'O'boo 0/ ,.,''',, ~. appen'~" A For JeloMlon at MSA's. see appendix 81 All firms Firms WIlt! paid employees Relative standard error 01 Sales and Sales and Annual estimate (percenl)' Geograph,c area and Induslry diVIsion Firms ree-aiplS FOrms receipts Employees payroll for column_ (nl,<mber) (S1,000/ ("""""J (Sl,OOO) (numbel') ($1,000) A 8 C 0 E F . 8 C 0 Midland, TX MS. ___.uoun__+-_ _____u___ _____~___ '62 " 65J 121 12 "" 216 2 '51 11 10 23 , Agr'Cullural services, torestry.lishing, and m'"'nS_u_n___u______ 3B 928 3 .., , 160 " , - - Ci,n~lrucllon nu _U___n _n m _n__n_n ----____n__n_. '60 3 61' '~ I ,2 685 " 7" 22 19 3' 20 ',1M1ufactunng_______u.._u__.__u _Unn _n _n n____nn , 10J 10J 10) 10) - (0) - 10, r''1nsportallon and public ullhlies ____ --- __u _.u__ __u__u__ IJ ", 10, 10) 10) 73 16 - (0) Wh('lesaletrade "_n --u_____H.n ___u__ '-.-- .'__u _u_ , 10, - - - 75 10) - - R">I,lIllrade --- ------ _n__u__ ------ "_u .--- u_ _H_U 107 7 "2 'i/ , '" 1I7 . 10' 28 15 " 12 F,n;lnce.,nsufance, andrealestate__ ----- .H__U___ _n_ u__ 16 582 32' , 24 '2 32 40 " '=',"rVlces --- -..--- u_ ----.---.._______u ____hu -- _u_ 276 , 8" 10 , '" 41 '" 17 25 20 , InrtuStflt?S not c!asslfied_ .--.--- --- u__u n.__u --- _n____ 42 698 . 10, 10) 10, 45 22 - (0) Milwaukee, WI PMSA__ nn __n__ _n +u_ _Un_ 498 SO '" 10' " '" 217 , 705 . , , , Agllclllluralservlces. rmeslry, lish,ng, and mm,ng____ -- n___ 6 10, 2 (0) 10, 10, 40 10) 75 (0) Construction. u _u .---________.__u__ __.u -- u_ _n 17 10, 10 10, (0, 10) 20 10, 25 (0) Manufaclurlng .--.-------- ._-----------00- __u_n_ --- _n__ " (OJ , 10, 10, 10, - 10) - 10, Transportation and public u!llJ!les__n .n__n__ n_hu _nnu_ 21 10, 2 10, (0, 10) - 10, - (0, iNholesale Irade -n------_______n_______n_u n_______u____ 10 {O, , (O, 10) 10, - 10, - (0) Retelll Irade ---------.nhn_____n____n____ _.n__u_n_____ 16' '0 'Ie 45 , 333 '58 '97 , . 13 , Finance, insurance, and reat eSlalen___n__n___n____n_u____ 27 10, 2: I 10J 10, 10, 16 (O, - 10, Services ----------.--____+_u___._n__________ ---- -- --un 219 5 ". 10, 10, 10, , 2 12 10) Induslnes 'lot classilted_ n____ --- -------- -- ,-- --- -00_. 19 10, 2 10J (0) 10) 21 10) - 10, Minneapolis_St. Paul, MN-WI MSAn_nu no --- ---00 ,.. 23 "" II 18 50' 242 , Oil . 1 , - Agricultural services, forestry, fishing, and minif19_n__un_______. 2 10) - - - , , (0, - - Constructlon.__.n_____n__U_n_h___n__,______u__ ______n 60 2 597 " I , 996 19 '54 13 , - - Manulacturing__,_u____________u_._____u_n._nn.n_____._ 13 10, 3 (O, 10) 10) - (OJ - 10, T'ansportahon and public utilities -n-+nn_nun_____.h__._n_ 42 , 870 , 10, (0, 10, - - - 10) Wo,alesa1etfade -------n-.----nn_'n______h___n__n___n_ 20 . '" ,i I 3 '8' 21 "2 12 - - - 8':-'3If trade _u 00 n_ n_n_ n u___n 00__00 m -- 68 2 490 , ''6 76 '21 12 3 21 2 F,rance.onsurance, and real estatenn__hU_nu_n _u_____u 35 ,,, " 10) 10, 10) 10 , - {O, S&t"lIces '-n__U___U_nn ____._u____ m u no m _u_ 290 , '91 Jgi . 81' " , 006 , 2 9 I Ircl.Istr,€s 110t c!assJ/ied_n___ _n______u_ u_ --- u- n n 38 10J 27: I 10, (O, 10, 12 10, - 10) Modesto, CA MSA '__'____n _n__n_ _nn______h 1 129 76 882 " 046 1 219 14 110 . . 11 , Agf'Cl.lltural services, forestry,IoShing, and mlnrngn _____+n_.____ 161 " 50' 60 13 075 28' , 970 19 " 28 20 CO"Slfl.lct'on_ _ _ _ _ _ n_ _ n ___ _ _. _ _ nn_ _ 'n __ n u __hn________ 66 6 623 35 , '15 47 . 007 32 13 " 12 M'l"l.ItaCrUrlng___u_._____n______n____n_____ n___u_______ 37 , 913 14 5 '" '00 , 623 " 31 68 33 Transportation and public utilities n-.n-u_n_.nnn__n_nUh 46 3 '" 9 , 990 , '8 36 25 27 22 Whol€sale Irade _____n______ u u m n__n n 21 I 630 3 10) 10, 10) 38 26 46 10J Rel'l,1 Irade --..---.------------u--u--______n_________hU 207 30 "5 72 22 950 5" 3 890 16 , 15 8 Finance, insl.lranCe, and real estate___________u_____n__u_____ 71 2 '61 , 578 13 '" " " 33 " Ser/'ces -- .--- .------- _00_- ._n_n__u ---n__n___un_ _u '" 11 '18 69 6 "0 160 1 275 12 12 21 16 !ndustll€snotc!ass,tled __n__._.u___ _____u__________ --- n " 74.1 5 (OJ (0) 10) 38 " '0 (0) Monmouth-Ocean, NJ PMSA__ ____un______n --- u ... 58 597 145 " 126 m . 718 , 2 . 2 Agnculruraf services, forestry, fishing, and miningn _ _ _ u n_ ___u. 20 101 2 10, 10, (0) 27 {O, - 10, Constructlon_,_______ __Un -u_n_u_n__n -____n____n u 120 " 88' '5 23 '" 250 , 057 " 3 15 3 Manlltactur'og _ 'u___.__n__ -.u_n_u____n uu_n_ _n___ 9 10, , (0, 10, 10) 31 10, , 10, Tlal'spcrtationand PubhcutJlrties_n__n____n__u n_n ____n_ 66 . 413 , 10) 10) 10, 15 " - 10, Wh()!",saletlade -------- __n__n___ _n -- n___ n_ n _u_n , 101 I (0, 10) 10J 31 10) - (0) Petalj 'ra<:le --------.___n_n____u_ .u_u_n -- _u .un__ 92 12 JtlJ 35, 10 '" 127 '" 12 , 17 5 F'l'il<',:e 'nSUL3nCe andfealestateu_u______u _u u n_n_ 65 , 4:16 ~I (O, 10) 10, 17 19 , 10, S~r','ces - .--.--- .----------- ---- _u n _u u 268 10 332 , 359 97 , 292 8 6 13 , 'Jldt;S';'esnot';!asSlh!rj --.-..__.u.u_____u _u _n_un_ 37 I 51' 10, 10J 10, 20 '0 " 10, 4' Naples, FL MSA_ I .--.___.__u___._..__..___ _u. '_n ~ 31 '" 125 I " 962 279 3 95' 11 10 21 14 A'J"'~'_ '~'a' :;"r'",cQs,'oreslfY, "shlng. andm'I"'''''g" __u_nu u_u 163 , 595 " 6 '12 ." 2 '21 19 " 33 22 r:,-r," . ~.n ---.---.- _u___ u_ m u _Uu --- " , 256 'I 2 "0 29 46' 38 15 23 6 ',\an-.'a":'~r'''q ---------...--.___..__u ____u -.__u.nu_ , 490 !I 10) tOJ (0) - - - 10, rrar~cC".ar'on .~nr:J ::1<.;[:;I,c .Jt,1111l?S _ ---..---..--- .--.__u___u___ " 2 955 (0, 10, 10, " 50 - JD) It.,hc.'e<,,:.,:ra,-J>.' -- _u _u n___ _un_____ 5 55 - - - 8' 8' - - ".0'1'1" ",Ue ___.U _u u_ --'-00 U -- " 3 505 " 2 957 33 317 33 , '8 , F,nan,:" n<"ril'lce dN! real i!SIJle_ --- -..--- ___u_u__ -- -- 17 199 - - - - " .. - - Sef"''':-o~ __ ____u___.____._____ --00 --- u '_u_ 250 9 009 " , 168 69 6" 17 13 35 15 IndUS:' '0'5 r~01 ,:iJ5Slht'd_ ___n_ ----- _.u___u --- -- -- -- u 31 2 371 10 10, 10) 10) 53 64 95 10, NashVille. TN MSA ---- __u __n_ -.___n_n_n --, 214 16 '" 57 , 22Il II. 1 695 5 2 , 2 Agflcullural selV'CiiS lorestry lishlng. and minrng __n ---____un 4 10, - - - , - 10) - - COnstfuCllon .----- ___.u ---.--- _n.__ __n"_u_____u 36 3 173 20 (0) (0) (0) 11 3 16 10) ManU1JCU'lng u____u _"_00 ___n_ --_.__n_n___ 2 (O) - - - - - (0, - - Tr'lnsp<:;rtJI'On dnrJ pllblJC utilltleS.uu__nu ----- __u_nh__ 5 135 - - - - , , - - WholesaielfJde _.__u___.. H__n___ ---- u__ ------____un , 10, 1 (0) (O) (0) - (0, - 10, Relall tlar:Je ------ ______u_ ---00- nu______ 26 , 101 13 , ... 39 253 19 , II 7 Finance. ,nSurance and real estate _____u_ ___n ______n__ II 10, , - - - 12 (O, , - Serv,ces _u .___u ___.u ___u_ ___..__n_____ '12 , 915 22 , 030 63 '" , 2 - - Industr:esnolclasslf,ed _n._.__ -------- ----- .____n u_.n 13 10, , 10) 10J (0, 23 10) , (0) Nassau-Suflolk, NY PMSA uu_ _u ---- 3 313 21. 658 680 14. 270 , ." 29 437 , 3 , 3 AgIICllit,,'al S.ervlces, forestry tlsh'ng. andmonong_ __u u _n_ 62 . 010 20 , 730 23 38' 20 13 30 '2 COnstrUc~.on_ __.._____u.__ u__ --._- --- eoo 33 '51 1I2 22 169 27' , 255 '0 , 18 , Manl.ltilc:l.lnng_ ____n'____.. u _u u ..__u _.n " 16 '76 32 15 091 161 3 670 16 2 17 2 Transpo"atlon "ndpubl,c ul,llIles u ___.n m u _.....u_ 173 15 "0 21 , sa2 90 / 321 " 7 28 , 'Nholesa;e IrdrJe --._-._--- u__.__ 120 19 '" 34 15 703 62 . "6 14 3 19 3 Rela,1 trade u u 'u _--_00_- 390 36 299 J17 29 7" 334 3 617 9 , 10 6 FlI1ance. Insu-r~;.;;;,;.a~d-;~al-;;iatE;. -.-----.....-... ________n 266 12 en 39 6 '" 57 , '17 '0 12 27 13 S"rv,c.?s --.----._._u_ __noon . 575 69 "5 273 " 99. 722 10 65. 5 , 10 , 'nr!lJst"l'S not cl,~ss"ied_ ---- 211 , 832 32 . '" , 203 13 16 " 29 S':"foOlnol'O'sdlendotl..1ble ~ MINORITY-OWNED BUSINESS ENTERPRISES Table 7, Statistics for Metropolitan Statistical Areas Wit Firms: 1987 -Con, o or More Hispanic-Owned lD<,18,1 may 1'101 add 10 101al due to rounding ThIS taole .s based on the 1972 SIC system For rneanlll.g 01 abbteviatiOns and symbols, see introductory lexl For explanabon 01 lerms. see append" A For defInItion 01 MSA 50 see appendix B) Allllrrns Firms w'l1'1 pclid employees Relative standard erlO' of Sales and Sales and Annual estJmale{pefcenl)' GeographIC area and m,nonty Firms recelpls Firms recelpls Employees pay,oll fOf column~ (number) ($1,000) (number) ($1,000) (number) (51,000) A B C " E F A B C 0 Midland, TX MSA .. ---- ___.nnn ________u___n__ '" " 653 121 12 20. 216 2 551 " 10 23 8 M'_'"ean _nun ------ m ____un .._____u____n 602 17 330 116 ,01 (01 ,01 12 10 23 (01 PU'drto Rican u.n______ ------- u_n_______. -------- 10 210 - - , 95 95 - - Cuban ______u_ -------- ___n__________________ 10 60 - - - 95 95 - - Other Central or South American __ _u___ u __.___u__________ 8 147 , ,01 '01 (01 " 41 48 (01 European Spanish u _____._n___.._u. _UUH __nu__ Uno - , - - - , - - - - Othef HispaniC ------------ _.u______ __nnn__ n.u n____ 32 906 2 '01 ,01 (01 51 8 - '01 Milwaukee, WI PMSA._u_ -.----00- nnn ---- _u__ '96 50 85. 10' " 712 277 , 705 . 1 7 1 MeXican _____un__ ------------ n_.______ -- ~ ___u_ ---.-- 301 " 972 61 ,0' (01 ,01 6 1 11 (0, Puerto R'can ____nun ------- ------ ____________un_______ 72 , 060 8 '0, (0, (0) 11 6 '0 (D) Cuban__________________ u ___n_______ _h_________________ 18 1 481 . '0, ,01 101 19 1 - 'DI Ompf Cenlral or South American ___u_____ ____.____u_________ 57 , 634 9 (01 ,01 ,01 12 2 ,01 EwtJp(-an Spanish --------- _..n __.n_ u __u___u__ --00 41 . '28 18 . 053 46 868 26 , 19 , Diner HispaniC _____u_ ---------- "---------- n.u__ U _n_ 7 '" , (01 (01 ,01 - - - '01 , Minneapolis-SI. Paul, MN.WI M$A__ 568 " 278 81 16 608 242 , 081 . I 5 - ---- _n__ ---un il Me.;can ______n ~ .. ______u_ ------un ___nn '" ! 16 '" SS 12 447 106 2 452 5 61 Puerto Rlcan_ ~ ~ ~ .. ______nu__ ______u__ ______u__ 28 SSO 2 (0) ,0, tD) 18 -I ,01 Cuban n..___ ------ . .----------..- ------. ...- __nnn__ n 28 851 . 633 . 52 16 - 1 - Other Central or South AmellCan -00_-- -----00 ____.n_____ 81 2 W 14 1 845 16 29' 11 '. 18 I , Europea" Spanish ------.-.--------.-.--- __0.. ~~, n_nn 46 1 80' 27: I 359 6 65 11 , , , Other H,spanlc .---- _______n.. n~ ~ ~ n -------00 __nn_ 21 1 102 ,01 ,01 101 26 1 - ,0, Modesto. CA MSA _____.___u ----- n u___nn_ 1 129 76 882 .. '46 1 219 " 110 8 . "I 7 M2>1Ci1n -...00. __n__ -... n ___n.__u__ nn___ '" 65 229 228 50 33' 1 087 12 978 9 6 12 7 Puenc R,can ._ un__ 'U ___n__n_ __nn__ _n.__n_ 88 . 180 22 2 890 32 '0' 35 48 61 65 Cuban..___.___._._ ------ on _____n___ __n_nn_ nun 29 781 2 '01 (01 (01 42 17 ,01 Other Cenlral or South Ame'lCan _______ ___nu_ _nn__n __n 101 , 380 12 2 205 69 '" 24 24 26 32 European Spanish ___.nu ______nn. , ~- n n __n_nn -~~ 61 1 811 2 (01 '01 (01 35 23 - <01 Olher H,spanic _0000 --.00--_00_- -.00- ~- _n_nn m .00- 27 1 <01 7 1 351 24 172 46 35 29 37 Monmouth-Ocean, NJ PMSA _ u nnn_n __on n~ ... 88 597 145 .5 126 .91 8 71B 5 2 8 2 Mexican _nn ___.nn _nn_ ____n.n n____n nn 30 1 034 5 588 8 1281 22 27 28 14 PUl'rlQ R.can ___.n ___.n.__u ___n ___n_n_ ---- u~ 276 16 536 48 12 512 21. , 230 8 5 15 5 Cuban ..__n n ------00..- ____n _00- _nnn_. _nn_ 132 12 273 32 9 122 67 1 415 10 5 15 2 Other Central or South American .___ -.00- _nn__B_ ~ ~ ~n 126 11 555 35 9 419 147 1 7581 12 5 17 5 Europea<1 Span,sh -00-- ---- ~ ~ ~ nn_ ---0000- ___.n_ "I 11 128 15 9 735 46 90S 15 , 19 2 Other H,spanlC ____n_ n ___.n_B -----...- ---.------ 42 . 071 10 , 750 9 1 282 20 ,: I 37 7 -7l Naples, FL MSA __n__ ___n__. -----00- ----00_. 603. 31 435 125 18 962 '" 3 ... 11 21 " Mex,can -----... _____u_ ---- ~ ~ n ____.__u___nn -- ~ 179 9 516 33 6 3'6 122 1 227 20 24 37 33 Puenc Rica" ~ ~ , '"----.---- -----.. __n__.____ 33 101 - - - - 47 '0, - - Cuba'l_ ____n__ .-----.--- -00_- 2'7 14 765 75 8 803 111 2 016 16 15 29 16 Ot"er Ct''l;r~- -0'_ S-o-~t~- Amencan --.._- -00--- _.n n __nn 61 2 242 5 '01 ,01 '01 " 20 28 ,01 European SpanlS~1 -----...------..-.- ------ n __00 on n_n 16 2 983 10 101 '0, ,01 52 " 75 10, On-.e' Hispanic . .-----...--------- .---------- ----_00-- 2 101 2 ,01 '01 (0, 71 '0, 71 '0, Nashville, TN MSA __nn__ n____n_ _nn___ -.--- 214 16 234 57 8 220 '" 1 .95 5 2 . 2 M(,.'~rl -..- _____n_ ------ n_n ---._00 n_n____ _un_ 62 3 287 29 2 689 41 901 8 , 10 , Puert.,) R,can -.-..----._00- --------- -----00- ~ ~ _.nn__ --.- 26 2 790 , (01 '01 ,01 15 . 17 (OJ Cutoan. .._____.._ n ~n __n__n ~~ _nnu_ 32 10, . 395 21 84 18 '01 - - Olher Centra' or Soulh American u____ u ----- ___nn__ " , 561 7 ,0, (01 (01 . , 20 (01 European Spanish n.__ Unn.n ____. U ~ __nn__ ~~ .--_00 23 1 501 . 1 '90 26 '97 14 2 - Other H,span,c 0000- nn_u_ nn U ___u ____hn___ __n 6 ,01 , (01 ,01 ,0, - ,01 - '01 Nassau-Sul/olk, NY PMSA __ _n__n__ --00. U ~~ m , 313 21. 658 680 ". 270 1 829 29 '" , , . , Me~'can ----.--- .__n_____ _____nn ___u.. ---00. u n_n '.5 7 .69 " . '" " 1 30' 15 17 " 25 Puel10 R,ca" ____n..___ m __.nu_ ---.00_00- _._u__ 1 032 62 66.5 199 41 '" 62' . 477 6 , 9 . Cuba~ u _a_n uu __.n u 413 42 en 112 32 209 '" 5 976 JI 5 15 5 OHler C;~iral-o._S(;~tj.; P:merlcan _.u nn..._____.u ~ u __un 1 205 62 132 232 " 072 469 7 522 6 " 6 European Spanosh ------- .. -----.. _____. ~ -- --.-- 357 " '02 " " '33 245 5 263 7 " 6 Othe, Hspanl~ ______n -----...------00 _____nn_ ------ 121 , 713 16 1 890 '0 695 I 18 14 2J 26 N.. Bedford. MA MSA ~ .. ------00- .n__ n._____u 148 5 131 15 2 621 38 , 355] 2: I 6 13 5 Me~iciln --------,..-.--....-- ------.-.-----.- ~ ~ ____n_u ~ ~ I 7 129 1 10' ,01 (0) I " - (OJ Puerto R,car._ ~ ~ . nu n__ _._.n ~~ 28 478 2 '0, '01 ,01 18 27 71 ,01 Cul.Jilr, _ .-------..- ___n.u .u ------- "u u 22 7" 1 10, 101 ! ,01 19, 16 I - ,0, 01h,,' Cent'al o' South Amencar. u~ .. ~ ____n_ u ~ -00_- ~ ~ 33 1 946 8 1 497 71 136 15 7 18 , Europea~ Sp<.HlIsh _"..______n -----.- ,-- ___n__ -.---- 2J 569 1 ,0, ,01 ,01 17 13 , (01 Other Hlspan,c .. __.u.. ____. u u , ~ u ~ --__00 '5 1 268 2 '01 ,01 ,01 16 17 - (01 New Havell.Meriden, CT MSA ____u ---- _au- -00_- 357 55 054 57 46 826 530 5 689 . 2 16 2 MeXIcan ~ .. .---.- ---- -0000- n_n u __n__ 28 470 7 (0, (01 101 39 17 63 '01 Pu€.lo RKan -.-.. ___.n__ ---- , ~ ---- _00- __un_ 136 7 e77 " 101 ,01 '0' 14 15 26 ,01 Cullan_ n.__ _n.u.u_ _un ------00 ----_00 _____n 66 36 355 9 101 ,01 ,0, 21 1 - ,0 Other Central or South Amencan _ ~ u ____n__ ------ m 76 7 288 7 (01 '01 ,01 19 5 , ,0 European Spanrsh ---.. .-------- n.. ___.u ----- nn _nu 30 972 7 ,01 ,01 ,01 32 23 6. ,01 Othe' Hlsp"n,c __n_ -----.-- ~ .. ---- m ----- 'u 21 2 092 , ,0, '01 ,0, 35 11 ,01 N.. London-Norwich, CT-RI MSA ~ u ---00. ---.... I 101 . 579 ':1 , 300 57 700 15 6 25 MeXican __u_ ______nu ___n_ 9 25' ,0' ,01 ,0, 36 23 - '0 PuerlO R'can_ _u___,.. ---.-- .. _n. 21 1 426 ~I ,0, '01 '01 33 5 - ,0 Cub~n _____n_ ______...____u.__ __n I 14 156 ,01 10) ,01 '6 57 - '0 Oth,~, (."nl,,,1 or South Amencan ..------..--.--.... u__ 29 ." il .. '01 ,01 ,0' 32 23 - ,0 Europcap"! Spanish .. ~ ___n ------ ..--------- ____.nu_ --.. 18 834 ~g: : 10' I 10, 36 12 - ,0 Other H,span,," .. "________. n__ 10 1 50? (0, 10, 36 14 58 ,0 ~~~~~~.:~.!~_~It':"_b.!.(: -~._-~-------- MINQBI:TY,QWNED BUSINESS ENTERPRISES) . ----~,-- --------------, _~~_6:') -- , i; " " " " I: , ji w. , :: '. il H ., :1 ii 9 i iI I' , i I I II L 'I Ii , Ii I' I' H ji :i 1 ............._. .. ._"__. ..~ __.___. ,____.. 4_~~"''' .,.~ \ : 1"I~,~;ol .~tl~~~~~~~I~'O~~'~' ~~~'~O~~~~'b~~~~' ~o~?'m~~ ~~,~=oc~:~~~~i.~~:~,~~F~::~".1 :~~I~m~ti:n;o "09"P"'O ".., ~We{jby..Seeappe"dlllCJ All firms Firms w,th patd employees Geographic area DISTRICT OF COLUMBIA o.stllcl 01 Columbia .__onu_____ FLORIDA Alachu3_______.___ __u_..________n_n___u_______n______ Bre'lard__ __n _______n_.__u__n___.__________n____u_n__ Broward ______.__n.__n__n__ ____________<.___u_____n_+ + g~~':r__ .:::::::::.::::::_:::::::::::::__:_:::::::::::__::::: Dw~al It.....____u________ __n___n__h. +uu______+_u_____ Hardee __..._u_____._ _____n_n_._ .__._un_ +______nun H,llsborough_______ _________. __uu_____n_+___u___n____ lee ___________ +__u__ h____n______u_____nu__~~_HU Manatee n_ _uu nnu ____n____n_n~_u___n_nn~__un Manon_n_n__ _______00__ __u___n__nn~_~unn______nn Monroe. __ ___._.n _un____n_n_n.._nn_n._~_n__n_ Orange ____ ______._ ___n___n_nn_______n___.___n__n_ Osceola ____n___n_._u_n___n_ ____.Hun____.u_n_nn_ Palm Beach ____.......______.n_.~_____nn.__-.___d__._.- Pasco ______n___ ___un_nnnn____n_n_n.__+u__n_n_~ Plnellas__ _____~_ ___unnn___._u__un_n. _on_on ____ Polk ____ .n_n_. ______nn___.__n_n_nn~u__n_nn___u St Lucia__ __un___n_n__n_______nn.________n________n Sarasota _ _____u_____._nnn_nh.__H__un_n __ nnnu Sem,nole _n_u__n__ nnnn nnn______nn__ _nn_nn. Volusla ___.______ _uu_____n____.________n__._ n___n_.__ GEORGIA C.:bb _____. _n__n_. ____n__nnnn _.__nnu_____n_un De Kalb__ .___ _n____n_n_nn__h_n nnn_________n_.._ Fulton _._ n_ ________nn______n_n__nn____~____n_ _n GWlnnell__ ___u_n_n_ ____n___n__n_....___n_n_____u_ HAWAII Hawail___ Honotulu ~ __ Kaual_ __ MaUl.li. ___ IDAHO Ado Canyon _ ILLINOIS C.:::ck Ou ?J.ge !<>lne La_"! M(;Henry_ Rock :~land y",II- INDIANA Allen ______n_ 00 ______ n_ Lake ____unn______ __un Marlon.. ____n.__ ____u_n__. IOWA POlk _ KANSAS Jol'n",on S,'dgW1Ck Shaw"'.!e. Wyan<1ctte KENTUCKY Je!fer~on Sue footnotes at end at table ~2 ~IS;~~ Firms (number) 167 352 3570 ::-1llr.f 4//25 348 111 3539 238 230 t8, 457 1 330 125 1870- 212 704 "8 1t2 259 48' 247 . Sales and receipts ($1,000) B 762 63948 7459 18327 225621 31435 3771247 51748 3509 287\51 16181 7757 13404 29606 85897 9471 157601 7149 44 515 24429 6088 20555 31 760 12031 253 397 2" 243 20441 42647 25266 11048 202 727 to3 194 4151 43676 3486 6785 168 201 5187 6891 7105 632 361 353 111 113 183 474322 29404 IDI 16360 2667 4543 8645 12' 520 196 4830 32090 37265 129 6426 208 306 169 '" 7018 10340 5365 ID' t22 6516 Firms (number) 33 84 567 125 6528 "55 25 753 54 39 47 tol 264 34 307 42 t55 121 2t 86 88 63 Sateo"" receipts (51.000) c 128 53255 (0, 11892 159319 18962 2904 141 (0) 3085 202632 10570 5339 , 641 20 313 68 462 5749 112105 4114 32 805 11 061 3714 11 188 15508 6225 73 106 78 " 11 210 36 675 20845 7330 26 112 IS 23 2578 33295 2193 3772 36 35 3474 "95 1 172 12' 62 It 7 27 4t 337188 19429 9343 10903 1312 (0, ID' 22 107 47 3653 24537 ID' 27 " 68 33 14 10' 6378 3841 (0, 28 Employees Il'lUmbet) D (0, 184 2370 '" 30069 (0, t7 277. 12t 83 184 314 1076 51 1 508 51 434 5to 58 331 I" 111 4138 315 '" 160 27 (0' (0' (D, (D) Annual payroll ($1,000) E 725 12584 Relalivtl standard error 01 estlmatfl(Dflrcent)' lor column- F 578 '33 1024 3463 10) ID' ID) 1570 8'8 (D, (D) A 2 2t 12 4 11 I 13 23 4 t7 24 t7 11 7 2t 8 18 10 13 26 IS 12 16 to 7 8 11 11 5 2t 11 9 , 2 8 11 11 20 18 14 12 5 8 6 13 , 13 16 5 B 10 , 2 to 2 43 2 to 24 , 9 4 7 3 IS 4 10 24 , 6 IS 4 2 I 4 6 2 5 6 4 2 I 6 ID( 7 11 11 , 6 2 I 6 , 3 ID( c D (0' 2004 31 850 3959 404141 (0) 1512 36978 2084 2501 2305 2879 12830 537 20 3B4 755 5839 3 941 669 3 967 2328 1239 183 887 258 114 2728 12058 3579 1562 3, t7 2t 7 2t 2 9 43 . 26 37 22 18 to " . 34 14 " 38 t8 22 23 (D, It 2 14 (0, 48 2 7 31 8 12 4 11 3 20 3 12 35 10 4 t6 38 377 3t 96 384 4665 297 577 18 12 10 " 4 2 1 3 39 58 52094 4661 1221 2050 332 ID' ID) 133 476 (0) (O( ID' 181 1t6 (0' (O( 20 . 7 3 16 8 14 " 2 2 4 13 " 12 I 6 12 , 2t 24 ID( 10( 6 8 10 I I 10) 5 ID( 18 It 6 ID' I 2 (0' It ID( MINORITY-OWNED BUSINESS ENTERPRISES '----------.- -- . Ul .~ 'C: o c: ~ - Q) .c 6 I I Ul Q) Ul 'C: 0.. - Q) - c: W Ul Ul Q) '" c: Q) 'ii) '- ,,<C co OJ -0 CJ Q) ';:: c: Ul ~ ';::0 Ol!! ,00 ,~ ai o .4.:: ,58. :;: 0 - - o 0; ~:;: > ....J :iu. 00 Ul ....~ coo.. en '" ~Z .J.Jo :368 za:~ z>-~ <c<C a. 00 w w >- o ....J a. ::iE w o < a. :J: I- 3: 00 :;: a: u: (IJ~ ill Q) w.o >- E 0" ....JE- a. :;: ill ~8 a.o iij~ UfI> ill~ a: (IJ~ :;: Q) a:.o u: ~ E- 00 ::iE a: u: ....J ....J <C 000- 1-0 a.o iij~ u~ w a: (IJ~ :;: Q) a:.o u: ~ E- >- a: I- 00 ::> o ~ - "" .... o en o co to M co - 0-000 e. 00'000 ~ 0-000 e. aNoee "" M " " OBOOa M .,. oc.ooo(V) Ul Q) 'C: - Ul ::J -0 ,;; ..;: ~Ol (i) .5 Q) c: c: .... .- 0 .E E '';= _ CJ > Ol " <ii .S: ~ f/} ~ c C).- 0 <(-U en '5 -8 c: ,Q ~ .~ :c ; tl 5. t1i ",- Ul _ 0.. Q) ~~o '" '" .c :;:t=3 e: o ~o e. o ~ 000 ~ o ~ 0-0 e. to 000 ~ ~ en "" "" 0<1>0 M .... ~ ~ ~ OMO "" ~ c: '" - " Ul ~ .5 ::: oi - CJ 'Cd c _ '" Q) c: a:iI Ul Q) '", 0;-0 Q).g~ a; .5 'US 0; "' QJ ?J to Cd'S U ~ q; (5 u5!!..3 "' Q) > ';:; '" z '" .l< Ul '" <( Ul c: '" '6 c: c: l'l 'c: Q) E <( >- .0 -0 Q) c: :c o "' .,; Q) ~ Ul Q) ",-0 Q) c: c: '" 'en ~ il CJ ~ '" CJ Q) '" -ga. u-o c: c: ,- '" "' .~ :g 'C C'd o '(;? C:<( 'E .; <0'5 .c Q) 6< . Table '4, Statistics by Industry Division for Met1'P<1 itan Statistical Areas With 100 or More Women-Owned Firms: 1987-Con, '\ T [This table is based on the 1912 SIC system. For meaning at abbreviations and symbols, see introduCtcxy Iext. For explanation ol tElfTM. S4Ml appendix A.. For definitiOn of MSAs, see appendix BI f1 Geographtc area and industry division Monroe, LA MSA _____UU4U___..___._____u______________ Agricultural servICes, forestry, fishing, and mining _____nnn___________ Col'lsl1uctJon __ _ __ ______________.n.________________._n_n_______n Manufacturing _"_ .__.____n___h.__n_____n__n____________________ TransportatJon and public utilities___n_____._____n_nn.___n__n__U Wholesale trade ._________nu___du_n__n_______d______n_____.. ~i~~~~~1nes~ra;;c~:a-n-dreBlestat8=====:=:=:::::::::::::::::::::::::: Selected SElf\tlces. ________n____n_.n_________un____n________n_ Industnes not classified __~_u___u________u~_n~__n_____n_u.____ Montgomery, AL MSA nu_n___un._n_nu_______unn_ Agricultural services. forestry. fishing, and mining ~___~n__n_______~_n Construction _ _~U__d~_____4______nu_____dn_4___nn.____4__n_ Manulacturing _____n_ _______n _.n_4___~___._______.n_~___n_n__~ Transportation and public ulilitiesnn__n4___4n____~nn__nunnu_ Wholesale trade _n_________~n___.___.___4__U_d_nd____4____n__ Retail trade _ ___ n____u__________nn_n4__.___.______n.___~_~__n ~~I~~ i=~~;~~~~_~~~~~_s_~~~:::::::::::::::::::::::::::::::::=: Industries not classified ______~4nn_n______4_____n__n_____~~u___ Muncie, IN MSA _nnd_n_._n___d__n~n___~____.__nn_ Agricultural services, forestry, fishing..and mining n__d___un~~n_____ ConsltuCtioo _____n_n___.____~____.__~.____._n____________.______ ManufactlJring ______U_d____~.____.________~._nun_._______n____ Transportation and publiC utilities___un~u___._____n_.._n____ndn wholesale trade _~________n____U___~____.._n_n_______~____u____ Retatl trade ___~_n_______.__n_______n_..__._._n___n+____d____. Finance, insurance, and real estaten___n.n___nnnn_~nn..__n4_ Selected servicas_+___.n___._n_un___n______.____~_ - __M4____.n Industrias not classified ______n_______~___~~__________._____n______ Muskegon, Ml MSA ___n___nnn__d.____._nnnn~__nd Agricultural services, forestry, fishing, and mining __nnn__nu___+..n Construction u________~_ __~_________n_~____.u_nn_ ____u_unn+ ~r~~=:~ -and-publiC-utilitie;:=:::=:=::::=::::=::::::=:::=::=:==:: Wholesale trade _ ________n_~___n.~___ _~__n________n___4_________ Retail trade _n_______~nn_____n_nn___n~_un~_____n___~______ Finance, insurance, and real estate_n._nn.n______n_4__n~n__nu Selected services___ ____u________________.___n________ _n_____un Indusme5 nol classified ______~_______________n_u______~__n_______ :!y Naple., FL MSA u___nu_n~_4_n_+_nn_nn__n___n___~ Agriculrural services. forestry, fishing, and mining ___n____n__n_~~nn Construction ________4_____._____u____~~nn______________n_______ ManufacltJril'lg _____u___ __4~~7--.4----------~--n------~-nnu--n_- Transportation and publIC utlllbell_nn__un___n~~_n_~nn____n__n Wholesale trade __ ___4_____.H___~_____ _______~____.u_ __~n_n__n_ Aeta.ltrade ___________________n_.__n_~___n.__n__n_____d_U___ Finance. Insurance, and real eslat.~_nn__nn_nn~_nnun__un.. Sele<:;ted seNlCes_ __ _ __________.~_u__~__ ___.____.__n~__ __+_n_H__ Induslr1es not classified unn_unn_nn..__n+un_____M_n__~un Nashua, NH PMSA nn_u_n____n__un_________n~_nn._ Agricultural serv,ces, forestry, fishing, and mining .u___nu__n~___n~_ Construction ________________________________~____________________n Manufaclunng _ __ _ -----_---77~-------u-- __~_ _ _____ ___~_ __________n_ Transporlallon and public utdltles_n____n__nnu_nu_n~un_nnu Wholesale trade n_ _ _ _ ___u _ _ _nU n_ n__n__u_n__n__n___n_un Retad trade __n_______nn__unn_un___n__._n__u___n_nn_ Finance. Insurance, and real es1aten___n___n_n__n__u___n_nn__ Sele<:;ted servlces_ _ __________ _____ ___n___n_______________n_ ___.n Industries not classified _________n____n____________________u______ Nashville, TN MSA______n___________~_u____________nn__ Agricultural services, forestry, fishing. and mining n__n__unun_un_ Construction ~ ___. __ _ __ ____________________nn_______n____________ ~r:=t~ -and-pubiiC-utiliti~;=:=:=====::=:::===::=:===:=:=:===::== ~~~~~r~~_~=======:======:=:==::==:::::==:=:==:::===:::=:==:=== Finance, insurance, and real estaten___nn___n__n__u_____n__nn Selected services___ __.__ __ _~_ ___+_____~~__ __~_ ________________n___ Industries not classilied nu____u_n___n_~___nnn____nu_n_nn Nassau-Suffolk, NY PMSA____n_~_________u___._____u____ Agricultural services. forestry, fishing, and mining _-n__nn_n_~_nn_~_ ~f.:~:::-:-- C4oWOMEN-OWNED BUSINESSES) ~----- -----/.. All linns FIfmIS wilh paid empIoyen -..,' -"'" Annual Firms receipts F.... ,~ --. payroll {number} ($1,000) (number) ($1,000) (number) {$1,OOO) 1972 119134 341 t7 S30 1 535 14569 B5 1715 10 ... 35 296 38 4649 13 3755 130 1279 29 7490 11 7359 105 1531 35 1838 12 1027 22 213 36 11 906 10 11495 73 1229 465 67102 129 59975 760 6880 169 4564 17 1493 16 192 1 010 19614 135 11287 369 2922 106 1054 5 162 3 27 3410 311456 .., ... ... on 4Sen 40 2027 7 10l 'D) 'D) " 27785 35 26889 30' 3786 52 89 604 21 69097 789 14583 50 3660 16 10l 'D) 'D) 69 19 ... 19 15981 B2 1099 846 124005 "" 112546 , 060 15 564 312 134-42 32 (0) 'D) ,Ol 1 746 47 006 295 32 ... 974 9 184 164 3841 13 (0, (D) (D) 1741 171* 323 150 536 3723 43306 24 62.8 7 51.4 " 155 46 .790 22 8529 145 2591 44 30 515 ,. 30 316 564 10000 40 2807 12 2418 76 813 31 21 960 16 21 543 299 3 146 435 42237 101 38 035 910 6521 139 9879 13 1 983 29 269 906 52820 116 48 429 1 673 19437 66 1630 6 7.7 . 294 1761 " 647 2.. 85125 2234 21989 16 'D) 5 10l 'D) 'D) 36 3056 14 2139 32 697 25 7697 9 7 526 83 1 597 25 1300 7 1 137 20 174 30 2 108 7 1492 . 123 464 27405 107 22225 500 3154 133 2927 10 (Ol 'D) 'D) 943 31 806 121 25092 1 53' 15002 67 (0) 6 'D) (D) 'Ol 3552 2M 155 an 227 '" , 295 311 587 113 5320 23 3.... 83 656 140 44 474 65 40 404 339 6044 44 5867 \9 5630 93 1500 70 7678 \9 8619 79 1024 60 52675 19 51809 260 3532 546 73719 205 6t 4&7 1249 10257 793 40977 61 1521. ". 2563 1 644 62384 255 42555 973 10652 140 5761 12 "" 1 147 3487 299 !l75 ... 254 049 3788 57 no 31 1 294 . 802 24 233 " 26397 29 24 646 265 5619 107 30 791 26 30 096 426 8327 40 2131 12 1990 30 665 67 18161 16 16802 64 1838 543 118053 144 111 499 992 13182 625 38717 40 23958 141 2622 1 635 59637 222 42 ... 1789 24 735 140 4794 10 1387 35 556 17432 132055 , 338 690 "" .... 120 635 164 5480 34 3595 66 920 506 53 541 145 33148 519 8555 324 40 671 61 34 506 545 9306 247 25 862 .. 21455 309 4343 346 107724 66 93 187 390 10198 3113 318 729 660 273233 3617 32829 2245 111 668 174 70657 696 11 191 9698 246 659 1 007 155299 3672 42393 797 21521 63 5736 42 .0 0 50471 . 000 551 , 22' 5011 li7 51 eS3 884481 475 36 9,. 151 30466 456 8744 1 341 556 715 774 4112 579 4249 10152 9 1183 438 250 456 -415710 5475 10826 . 1542 191921 343 167575 1927 34 17 6 1759 1 053 154 663 995 716 .. 733 117252 7613 1 939817 24114 1790 489 16769 22391 2 6696 411028 729 235 481 2121 4625 6 26489 1 261430 3456 876248 15725 24043 9 3173 111310 '" 17 528 196 330 4 1987 ECONOMIC CENSUSES ." "",'~~.' . -.- ---- ~ Table 5, Statistics for Counties With 1~' 0/ More Women-Owned Firms: 1987-Con, IF" m"N", 01 ",,,,""sbonS """ ,,_, _ in""""--' to... F" _lion"\. .. - - A, Fa< .nl""""bon on -- ..... followod by" ... -, C] ,A.U fim'IS Firms 'lVith paid employees Geographic area CONNECTICUT Fairfield ~.____..___.____.___.___.n__.____________._dd-~-----_.-- ~~~r:d -==:::::::::::::::::::::::::::::::::::::::::::::::::::::::: Middlesex un__._ ___._._____.___u__n__.____._____~_______.____d New Haven ___u________n__________uu___________...__._.n___u_ New Lor'lClon _.____n___n___n__..______n____~______n_.__________ Tollal'ld ______~____"___n____n__.___.__.____d__.___.___________.__ Windham ..__________________n__ ._n_____.___ __________n______n_ DELAWARE Kent ._n_.___n_____nO.__u__ .n__n______n___n______.___n____ New Callie _________n_n__________n____d______d________________ Sussex _____n___n_n____n__ ___n_n_n___________d_____________ DISTRICT OF COLUMBIA District 01 CoIumQi1,u________du___n_________n____u______u_u__ FLORIDA Alachua ___d_n__n_______d_d__d____d______d____d___U______ Baker ____n________n______n_________________________n__________ Bay _______u________n_un__n_n________________n__d_d_d____ Bra<tlord______n____n_ __n_____n_____________n_n_n___n___n__ Brevllfd_________n______n____n__n____n_n______n_____n______- Broward _n__________n_n____n______n______________n____n_____ Calhoun _________________________n__n_n___________n________n__ Chanotte _ ______un____n_n_n___n____________nn_n_____u__n Citrus _u___n_____u___________n________________n_n__n________ Clay__________n__n_________n____n_________n_n_n__n_____n__ *~:~-::::::::::::::::::::::::::::::::::::::::=::::::::::::::::: Dade______n_____n____n__________________________u__n___------ De SolO ___________n_u____n___n__n_n_n___nn_____u________ Dixie ______n________n___n____n__n_n___d____________n_______ Ol,/YaI It. ___n_____n_n_n___nn___n_n_________________n__n___ Escambia_____________n____nu_n__n_________n___n_____n_____ Flagler ____________________~___n______________n___n__nn_______ Franklin ______n_n___n_n___n___n___n_n___n____________n___ Gadsden ____________n____n_n_____nn__________n_ n___________ Gilchrist______________________n____________u__________----------- Gult ________n_____nd___n_n___n__nn_n_un_ ------ - -- ------- Hardee ____ _________n_n____d__________U___________ ___________u Hendry _______________u____n____n______________________n __don H9I'T1ando__________________________________________u____u_n----- ~~:,~~t;:::::=:::::::::=:::::=::::=:::::::::::::::::::::::::::: Holmes _ ___ ____ _____ __ ________u___n______n____ -- --- -- ---- ------- Indian River __ _ __ __ n__________n_n_____ __n_______________ __n__n Jackson __ _ ___ ___________u____n_______ n__ ----- -- -- ---- --- --- ---- Jefferson _____________n______n_u_____n__ _n____ __ __ __ _____n___ lake______________________n__u____n___________________--------- Lee _________________________n____u_______________________------- Leon _ _ __ __ __ ___ _n____________n______________ - ---- ------ --------- Levy_________n_____________u_____n______________________------- Madison ________n____n_n_nn__n___ _____ _________ ___ __u__ ----- ~:::,~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Martin _________ __nn__n__n__nn_n_n___ _____ ______________n__ Monroe______nu____________n____u_n_____________________n__u Nas!l8u______n_nn_u__n_u_______n_n__________________n___-- Okaloosa ________n_____u_________________n________ _______ __n___ Okeechobee _nnn________u_n______nnn________ ______n___u__ Orange _ ___________n_n_n___h____n_n_____ --------------------- Osceola _ ______u__n___h___n___n__________________ -- -------- --- i~~fm1 ~ :~m~:~~~~~~~ ~::~~ ~~~~ ~ ~ ~~:~ ~~: ~ ~~ ~ ~~: ~: ~ ~~ ~ ~~~: ~~ ~~ ~~ n~~f:~ ~ ~~ ~~~~~~~~~~~~~~ ~~~m ~~: ~ ~ ~ ~ ~: ~ ~~: ~~: ~~ ~ ~: ~~~ ~~ ~ ~~~ ~~ ~~~=~\\'\~\~:~t~\~~'\~~~~:~~~\~~~\~~~~~~\~~\~~\'~~~~~~\~~~, 60 WOMEN-OWNED BUSINESSES Tab {For"". - Salea """ Sales and Annual F.... receipts F.... receipts Employees payt'oll (number) (Sl,OOO) I""""*' ($1,000) (number) (Sl,OOO) 20 278 1 905 020 2838 1 483 786 104 0496 256 0473 13361 1359989 2091 1 1040 592 104 010 2047337 3931 283955 632 2170433 2 368 36122 2938 210312 453 168 ... 27SO 36053 12566 949290 1 990 753 0428 11566 161617 04175 373 298 751 310345 3718 51555 2 253 1042 946 314 108 8049 1751 23248 1 04204 94 900 228 704 645 836 11183 GEe AWl; 88" .... Ban- Bon' Bart Bon Bon ...,t B'o< 1485 5992 22SO 74916 536 280 142042 276 10104 492 58 516 430 433 113738 1 550 6182 1 685 13786 78375 21339 - BrI' B" B'" Cae 10987 774019 1230 5B4 663 8343 156 761 Ca' Ca' Ch, Ch, Ch '" a, '" '" '" C< c' C< C o C C C C C ( , , l f 3012 198 822 4B3 1<46002 240< 26 04104 166 13 967 43 12083 147 13 94 2060 174553 528 149424 2483 2647 3 244 204915 ... 21867 183 1 ... II 579 3828S4 1211 298 485 4776 569 20 25192 20.5786 4 126 1 634 041 21491 282 663 129 6424 26 04 359 go 6 56 1 539 86 Zl7 282 60 673 1122 1091 7 1 556 58 478 275 39 9B5 921 956 5 1 542 80 218 285 80 304 ...5 8' 23 3552 298 855 878 227918 3295 3656 7 """"""-539 34 273 "8 28724 703 523 7 32937 2953"" 5m 2 463 581 31975 043837 3 257 16515 " 9190 213 201 9 \33 4957 27 2891 48 49 3 8948 770891 1 724 662011 11262 13303 7 3660 2504 552 697 211313 3491 304 53 3 449 22389 86' 17 051 281 269 5 267 14352 52 11283 108 106 5 '09 15 463 77 11 287 274 25 83 106 3743 20 2726 '8 64 8 151 8349 38 7040 150 126 3 276 8818 54 5101 109 9' 3 328 18565 70 14178 206 19 90 1 '02 67050 248 048780 "6 826 2 1027 73429 203 57 685 661 779 3 13247 1209235 2 2B5 1027049 12173 164 01 4 177 7873 39 5407 152 185 5 1862 141933 409 108 998 1795 2212 , 423 60 123 97 56 1045 767 86 66 111 3692 20 2148 42 2 " 2254 151889 471 123 480 2156 2267 5 6450 425073 1 194 320 171 5126 5830 7 3007 162465 .... 127 506 2109 2383 5 395 29 803 79 23246 273 317 7 lSO 6461 39 04995 "0 81 0 3302 243427 562 180 077 3336 4015 8 3029 191 771 .... 1049158 2559 297 64 2157 143880 413 105 402 1813 208 90 , 982 131 958 415 97738 1878 1650 2 579 29 379 "6 22 976 '18 , 02 3 2550 152722 521 125759 2328 21 76 1 436 47447 93 38 873 '03 , 400 10737 887 743 1890 724181 9587 11863 6 1317 98 769 259 77 272 1318 1561 1 18388 1 461 181 29BB 1 117 017 15319 229 33 1 3667 191381 6" 1046626 2709 3219 1 16902 1 220 201 2.... 999761 14359 17382 5 5638 509 953 , 008 434301 5146 7271 0 721 34 7304 '36 25989 '93 '99 6 , '64 72 612 255 51516 ,OSO 1122 5 2 149 130 705 398 104 378 1 544 1696 5 1 210 42872 ,.. 30540 748 551 6 7283 452535 , 38B 350646 6326 72 07 2 5417 317 407 8.. 240391 3513 4637 1 332 20 060 59 15614 510 292 0 302 17674 57 14576 \33 115 5 202 6 564 49 5894 124 77 9 5986 531 536 1 268 456 723 6525 741 54 163 10493 36 8382 186 '56 2 388 13575 77 8838 177 13 59 2" 8 599 51 5661 109 61 9 1987 ECONOMIC CENSUSES Table 4, Statistics for All U,S. Firms by Industry Division for Metropolitan Statistical Area~: 1987 -Con, :':"Id~d~:)'~ :!h~d\,;iil p'''9'''lI'J'1h,pS. ?_\l"::",~r''';pJ, l,,;d ,'~'Y..t:'t~1 :3 ~;.;r;;.::rad'::\'s. Tl-is labl" 's 1;:u~d ~n~" 19T:! 3:C ~y'!Otl\m. Mr ~9,,";rg 01 ii.ttf.a.h.tk:m:l ",~d "mbo;S. '''8 '~::'Cd~ct:ry t911 \0 ~~~1'. , -2..J or~. Fa' d~~r1~on ot MSA'" s,.~ Jppli!I'<:I:. S In"\Ic.a7..', .2. -J,Ct" ~I Gaooar3phre un &rod irdusb'y dl\l1e!on hlGnf04l. LA MSA...u...................__.____________u..___. ~sr!.;t.:'1;r'l.l :><,11Ii,;~" 'r)US'1/, no;l'1:rg. '!I'd rrirll"g ...........H.____".un \~on~!T' 1CtI;)f't .. _ __. ._n._ unnun nU n ._uu_....n.... __ uo. ____e. M,V"~lac'll.r!r'9 n .n.._......_nu..._________._________.. .._.on.-___ Tri'J1~'poJr:).!lo":md pllbite ulilli4S ......._.._n__n___..nu___n...._nn 'Nt-r:lllsiil. tl'!dlil .....nHu..__ou_n.......________n__.".-n..;u...... F!-l1a,,1 IJJ,C:.. ..n.n___....n.~...._. __.~._.~.n._.4_ ....._u_....~n f'1"~'ce, ;f'$\.:rar.clt..l.f'd '81.1..'1.118 n...n..nn.~h.n_.~u....n_... S"f'.'Gi"._, ...___oo.___....u...~~. n_oo___~.._..______ ..-~.. .,.,-~- l...odU~t"..<; rot d.as.i~lId H un._ __nn _on _...., _~.. .nn'_"~ -. n.'__ MOfltgo~ry, AL MSA__.~___. ..._.. .n.n ._~_..nnn____ A9,,<:.,,<tl.nJ. ><lr'Jle~$, Ior~..Iry. ~,hirs, U\d rT'Iinil'OJ ..w__.._u__.._n~._u. Co"!'~"Cfl~ .. ._....... ..._ ._..._ 00.. .----.~- .--- ...-.---.... ..-... ~,:~~~~~ .;"'dp::bi:;;~tii;'~ .::::::::::::: :::::: :::::::::::::::::: 'Nn;,19~e tr:!de n..n..un.._'" ,___u_"~U.___h..UU'_"'~_'U """.ill traCft .. nn _.n~~_'OO'_ ...___ ..nn.. ...n.... n.nun..."_' Rr-o.rce,b$urano;e..3J'dre,jj..it!l18 __.........n.....__._.w.._...._.__ SoiIrvlc", n_ n ._.' __ ~._._.__.. ...~ ,,_ ..__u ... _.._ .n_.. -~----.-.... il'ldl.:1>tr.as ,.,::It c'aslllft8d ._ .._n. _' n__.~" n.' _____. un" _n_...___.. MUllct_, IN MS'" _n_.....__.___n~n.__..un.4_~__._"~__ "gr1c!..lt\.Ir'Jls..rvices.~r"5l1y.n,;~i"9.i!fldminir"Q .............._.._.._.. COl'slfuCl:':on .~.n..__ ._......_.._.._... '~.' .....~__._._.. ._n_' ._n 1~~~~~d~~~~~~~~~~~~~ ~:::::::~::::::::::::::::::::::::::::: i=!ltla.il :rld. n~..._...n.n.n....u__,.___.UU ._.'._h...~'__4'~__ Rranca, ,n"iurar;;:e..and rllal i$13.t<;l 'nv,u~,._"",_~.",_U__V_HU" SorviC<ls. nv'.'W' .n....n._un._....._ __ u_' ._n.._.__ n~~_n ._~n Ino.1U$t'1i19 f':Qt cla~j~ed.. Un __ ..._ n _n~ _.._.. .._____.~__. __ n ~n_.. Mllsk~", Ml MSA .__..__.____n_____~_4____.n_U....__ 19ricw~r.Ll s~r'.il<.;as, lcr(l!oirj. ~!or.l1'1g..md r.1Il"ir.g ...__ ._~~...~_.n...~u CQ"'lrl.;C~Of1 __ _ n __n_v.___n_...___u_ n........... _..~_~_ _u_ -~.. \.l;!J'ula.crurtrg _4._ ~___4_ _ n_._~ _n __ ._n_._._. _.._ _~~. _n..." un~' rr'lr'''f^lr1a~OI' arc! pubHo: l;1!I1~i" ~._u_v..nn.~._.v....n_'..u..._.. ',Nrnl",aJ.lT:1.de .._.._.__vn.._n_..___v..__nnn_____._.~.....un M~'ail trade ._._n._'. uu_..~_.u._.._._.nhnn...~__ n._n.n_U Hi"ar".r:a. :nsuf'l/'V..JI, and r~.ll ~5tat9 .n_.u__.____n_~....__.n__.~04.. s....1c.., ...._ .n....u_.._.n ..n044.n__....______.. .----. ----.~.. ~l"'dUStr'9S n01 ~1a.sSI~9d n..un_n~UU_'._ _~h_______...___..__~..u -?4- Nap".' A. MSA. .n~.u.n~..__.......___....~.._.__.n__ Ag'\cl..ltur'll $o!I'''';<:1I8, 'oIIlStry, nsh;ng, ar-d ':l!"lng ,."..,,___'._W.nhd' C<lnstr'...:ton . .... ....___... ._.u. ..~ ".'_ __ .... n ... _. __. .n.' ..--. Mar.u'~ct\.Jring uu .n_..n.v__ u____ u__._ __n_.unv_~' n_... h__H rr:1.""sportJ.Oon 311d p'~bli,; ulil't~a .__n..__..__._n____n..~......~.... 'N"or..,."l\t ~ade n.n4n..~_.._____._u_ .'_' nn .~.n__.u__.u.__~. i=!elall '1:l:.:le .n.__~_....nn._..._n_.u__~_u_...~._~_._u~._u..._ Fll"atlCoil, insur;ux.a, JJ'1d re.al astat~ ... n._..~_..~.n...~u..O..u.__u SIlMCIl$ . ._un_ OUU. _ _.._ _. _~__ h' _ U .._~ __. _ _ ._n___u n __~. nn 1....(j"st~~s ."l{jf .Jasslftotd ___'___ __ _n." __ __4_~_n __ .__.__.. n .... _n'__ NashulIl, NH PMSA .....n_"'.__."U"~UU' ___..._..~u Ag"'<l;:~';FJ ;~r''''!CIi5, fl:!r..,e-/, ~stlrg.l;11~ir,.,g .-.--.........-........ Ccn);r:,..ctlQ('l _u___.n ..._n" _.._ h n' _..u -- ~_...._.~ _ -. --..... --. M~r'lula.::lLrl,"3 _.. ._____. .._... n..._ _.._ ._._n~. _. ....__. ... ...... n TrJf'"ItpCIrt1.li-:;ln."U'd ~ubl!C ;.Jll:itl..!) .._h_U_UU._ '_h ._nn_.__n_"'__ WhJl;ls;Ue :rade .~U.h~..__._._u___.__n._nu...._n.U....~_n.. 1=I~laill1ad~ d._._n..______hn~..._..~u._n..n...___v.u.u._.n A(\.l.''lCe, :,"\~'AaneQ, Y1d '~JJ oi!s!ale _n.. ,..._~.. .-...----............. SQr.1<;QS . _... w." n .Odun._U...... .~~.._u '." u ......._.. ._~.u '.,du~'J"1e" "',ot CI..Hifltd..._.~ _~_nn' ..u.__n. nun._U n._ ...n." Nltsnvl1lo, TN '/,ISA _h__..__.~.h_._U..__n.._.u.__u_.. Agreulf1.;r~ ';,lrlflc..s, ~rauy. ~sh:'g. a."X! mining .._.un__...u____uu Cor,~tr[Jct!oll . n........ n ..u n__n. ... ......._.. ~.u.. ._.... nO... \1 ,l.~,l.'acrur.ng u.. .n_ __ _.~. _." ...._...._ _~n ____un _. u,_,_ u__._ ~~~;$~~:-::d:~:~_b~~C..:~~~~~ ~~:::::::::::: :::::: ::::~: :::::::::::: qo!Ol,,1I ~"lde _.._n_..d....~_.u.._~_u.h..__h.. '''4_____''_..__'' f'nll1C", ;(1Sl'f"lf1C...!f:d re~ 9:1~"'le u._u.nnn_.__..._._~__..n~u.. Se....'C<lS . ~.u nh" __ ._.. ~u. _~~_. _.__.....'_ .__~__u n_. ow ...un' ;,,,JclS:':..,, '''>01 c:ilnl~,'>d ..~.~... n .~uu .~..u '~M' __u__ U _u.n .--... U:ss........Il.SIlf'lolk. NY PMSA ~.....u..._..._nn'''.___'U__ ~5~~~~~~~_~~~'.~~~.'\~:~:~~~~:.~ ~~~:~.::::::=:::: :::::::: :::: M.l."lJ!"ch..rlrg 4..n u_. h...n __d.... _.. n'~. n._ _. ._.. h"'_ ...--- rr.v." POr!:ltJ-Jl1.vIC. ,P'UblIC ,-,..t.!i~Q;J .u..~_ ..~_d._.~._...~........._.._.1 ':.ro,...,a!lIlraoe .Moo..n.... ,..n~n __'~~'n_' ........._.._.._U.... Re'ail "1.-1" nn.Mn..._hn.._____.w..__.u_....._n_.._.......uu Rr.1.l"':o, i,,~,., 1f1C~. ..rt:! ,..JJ 'h~"-t",, .._......n....._..U______ _._n'__ .'5'lr.,~..~ .._ __ _. __ __U.. _< _ _ _ _~ h. __ _. h___.n _ _ __ _. _ .._ ~... h.. n" 'ncws1I1'is. n .1 "1,,~e,.~1ld _ _ __~.._ ._...... _.__.. _. n __V___...... .n...._ ~ ~L U.S. FIRMS) A1lftlmS F~rm~ 'Nilh p~d ~playu. Sales an::! Sal.. ard .A.r!nuaJ Arms r9C81~tI R,~ realglS Emplcy,es parcou (numb..,) ($1,000) (Ml.tl1bet) [$1.00) {rwmll"'J ($1. OO} 71g6 ~17 ,H 2110 muo 05;1 lOi772 .CO 16265 " a Og4 10' 1235 833 ~1 133 275 43 2S~ 68' 9241 '" 107 tiei! 1'3 IDS 46Q '5Si 134-02 23~ '250.<;5 ,. 1aaC9 25' 3 ~74 m a3 017 " 75757 427 o!I ~O5 1 30' 3..95.16 57' 317685 3691 30135 '5a21 73.;~ '" 60 J4Q 09' 11 :50 2: ~3111 171 23~ '46 :4'2C3 3004 32 ~97 41' 28 ~2!1 " 8779 77 1124 I I 1216.'5 2. 2&.2 afl 3N'2 . .,. 7Z1 :u .." J34 774 290 -84-32 .. 13342 ,.. 2 !)8~ 1 5S7 3~S OO'! .56 35!1 492 "... 57102 '" 2':lS 3e~ ")3 2~O 905 2905 S566; 476 S3 ~35 '" 39359 55' 7798 393 343 1340 155 327 142 1 232 22 '162 >343 S44 61)5 ,., 3,jo<)e5 e007 53338 1223 160'05 ,SO 103SS6 ,,,. 1:2 ~2'3 4 ;54 451 110 1 325 3~ 608 "83 110467 611 Zi53!)2 H' 122"i2 ". 2 230 $5'" 1 050 2G1 1 713 ini1i " .,.. 183 263 1:2e 2.807'5 43 2749.3 ,,. 1 i 353 6911 1111114 '" 10a ~:<4 , 335 27;WII '" 81 ~~" " 7>1757 , 2~9 23224 24' 23051 63 19252\ 41' 43!.'05 170 960sa 75 9151; 33' 9911 1191) 456729 '" J.3$19Q 5771 ~€22 "", 22 :'13 ... 105)2 '" 13J3 24.16 " 2251'l3 '" 20ll2)1 5505 57640 2 4.1 ~ 9223 35 5155 " '60 5812 "" '23 1 50. 47t 150 7801 g4720 105' 8oS.'!4 29 6'3.10 " 1 030 731 5at'.}6 215 470:>2 546 1157' 1981 \13 a17 .. 92100 99. 222311 21' 1! ~9S .. 141)76 '" 2. 324 '67 559;1 .. 52419 213\ 5209 , 23' 17370') ..., 153 353 "04 17 271 "" '15 n3 " ".. '" , ,.., , 42' 119146 "" 960fif5 3147 31387 303 &975 " 4241 67 7.2 11 $10 1465191 2... 1 079 57'3 143U 190 62\1 &134 72388 22' S33Sa ". 9 952 1 .., ]220:JS 'SO 23Q011 1 ea4 ~J 564- 11)4 24350 74 22838 '" 5536 :;139 J8 158 " 2SS~ '" 5 2Cl) 29' 11;0346 " 14-0)~ 633 '30;1\15 , "7 J~O iflO '" 2g4734 . '" 42353 \>1130 1.:.4. .\.80 2-31 E\17S/t '" 11220 .. 4~O; 30539.& 58' 2247C6 .. 933 57 aAe SJ5 67260 ,. 10,231 '" 1 254 I 11 761 2141 ~g 3 ... , 7ST 622 )(1673 368 .... I '" 187'59 " 14634 3t2 3755 2135 :i48 44S '0; :;e9026 3 :ice 34 19B '" 19~ 917 193 ;;15352 279'5 59391 318 29 >)~~ ,. 21946 '" 4 711 432 235758 122 2151351 1 029 26 JS' , SU ~ 511362 "'" S44 109 . ... 6517'" 1 ni3 137288 171 SoOS56 '" 1'J\ile 4155, 334 418 1 014 2637l:l0 6171 9221' 565 I 74'..s 74 22582 267 J 867 , I .722 iJ74 " ... , 15= 7 26'i Xl4 gl17'2 l' 31B;a6 1 '63 849i8 331 510:18 ",. 10 >l;?'C ,,," l~oaO "" 1 217t'J81 12103 2ol:3 321 1'511 53sal<2 613 512099 656\1 134218 2061 291 ~7'J ..., 22S';}21 :1:3.30 ... '-5' 2')76 119842:2 63' 1 e99 234 5379 111236 11822 :!ll7n:... 3075 l' 9.:l!132 24a06 2314.'39 6320 a21 -4Si 117A ~43 292 ti 574 ~27 gg6 27 041 , ~22,;S 57.. , 521 418 21 ~1 3'X322 3158 ZlJ5071 453 153 &35 62' 102.7 182 ,.. 40 US 791 .. "'. 3$ 400 m 328 n5 e: 376 12; 4.to:i2 J7~ 057 1'551 296376 o455l:l 6'l1:i6 192n 4 6J& 969 , ... 4C25S37 33 ... a!'>5\l2 , 50i')9 371$ 418 2153 3590 %J )9743 100642 , ""'1 1222.057 1~12 10;;65210, 1~ ;~~ I 2'638 , ~ 110 7S<i5.wll 3670 ""'''\ 7~4 oil 0 ~~ ~; ~ 10 O:~Q 671 1025" 9 401 1)6"} " 197\ , t:I!'12 , 32S-!ls.40 17i1 2 'GJ 503 20 55~ 5..!:J35 , &3 ~1.~ ' 8 ~~~ j;: I 21!2<l 1034 &14 107 ~Ga 1 ..'3232. 11 9'9 1341 224 4~6 t 895 ;4 ~2 MINORITY.OWNED BUSINESS ENTERPRISES ATTACHMENT H ENDORSEMENT3: [Below are endoresments or the names of persons and organizations from whom we exp2ct endorsements iEA = endorSEment anticipated). An indication of EA does not guarantee such, and is not a representation of the formal position of such entity relative to thi s proposal. J We endorse the above proposal. Any exceptions or additional comments will be addressed by a separate letter, Date CHAIRPERSON1 HISPANIC AFFAIRS ADVISORY BOARD ------------------------------------------------ Date ------------------------------------------------ PRESIDENT, COLLIER COUNTY NAACP Date VICTOR A. VALDES1 HISPANICS RIGHTS ADVOCATE ------------------------------------------------ Date ------------------------------------------------ FRED N. THDMAS, ,JF. '! ~'h.M. Dat e ------------------------------------------------ DISABLED VETERANS OF COLLIER COUNTY Date ------------------------------------------------ HANDICAPPED IN ACTION Date ------------------------------------------------ WOMEN'S POLITICAL CAUCUS OF COLLIER COUNTY Date LATIN AMERiCAN BUSINESS & PROFESSIONAL ASSN. ------------------------------------------------ Dat e ------------------------------------------------ AMERICAN ASSOCIATION OF UNIVERSITY WOMEN~ NAPLES Date ~INORITY EDUCATORS CAUCUS -------------------------.----------------------- D at 2 EVENING OPTIMISTS OF NAPLES ----------------------------------------.-------- Date N~7IDNAL COUNCIL OF JEWISH WOMEN -----------------.------------------------------- Date COLLIER UNITED FOR RIGHTS & EQUALITY ------------------------------------------------- ------------------------------------------------ MINORiTY MINISTtRS ASSOCIATION -----~------------~----------------------------- AARF -~-----------------~---------------------------- S.C.O.R.E. Date Oat. Date --------------------- fuy 27. 1912 Henry C. Tribble 98J Huron Court, Apt. 403 M3rco Island, Florida 3"5)37 Dear Sir: Ch behalf of the Collier County HiSpanic Affairs Advisory Board, I .wld like to express our support for the creation of a Collier Camty Thojlli1:I1EI1t of Equal Opportunity. At our I'arch reeting Tho of our boord I!Bllbers, Mr. Bernardo Garcia and Ms. Milinda P. Riddle >.ere directed by oor boord to attend your April reeting and report back on their fiIxiings. Eased on their findings boord IJEIlbers unan:inIlusly resolved to .ork with the BlEck Affairs Advisory Board to achieve this objective. If we can be of any further service please don't hesitate to contact us. }7~4L Pursuant to the Collier County Board of County Commissioners' desire to know the extent to which the county mayor may not be in compliance with Federal and State civil rights laws, we ask that you give us a legal opinion relative to the below questions. 1. Pursuant to Federal and State civil rights laws, what are the legal responsibilities of Collier County government as an employer, a deliverer of services, provider of programs, and as a procurer of goods and services? 2, What county mechanisms, laws and other resources are deemed essential for Collier County to meet those responsibilities and to be in compliance with these laws? In other words, what should we have in place to pass a compliance review or to effectively counter a complaint investigation conducted by Federal or State compliance agencies? 3, What county mechanisms, etc., are presently in place? How do they compare to those identified in item number two (2) above? 4. To what extent, and in what areas, does the attached proposal of the Collier County Black Affairs Advisory Board address the requirements for the county to meet its responsibilities? 06/12/92 13:31 '3'813 253 2006 IIOGG, ALLE'\ TI'\, _ _1ill002 L^W O,.!"lCES HOGG, A:u.EN, NORTON Be BLUE PROFESSIONAL ASSOCIATIOH [21 MA.JClACA ORLANDO orr'CE: BARN EfT P'-AZA, SUiTE 740 201 SOUTl-! OIllANOE: AVENUE. ORL.A...."'Q'l)O, FLORIDA 32801 4071843-0437 TE:i..ECOPY 407/422-7368 TA~PA OFFICE. HYOE. PARK PLAZA-SUITE 350 32.... SOUTH HYPE PARK AVENUE TAMPA. FLORIDA 33606 8131251-1210 TELECOPY 813/253-2006 CORAL 0A8l...D5 0FJ'la: CORAL GABLES, FLORIDA 33134 305'....5-7801 TEU:c;OP'Y 305/442-1578 DRAFT REPL.Y TO: Tampa June 12 , 1992 Mr. Tom Whitecotton Collier County 3301 E. Tamiami Trail Building F - 8th Floor Naples, FI 33962 CONFIDENTIAL HOGG, ALLEN, NOP.TOi~ &. BLUE, P.A. ATIORNEY.CL!!ENT PRIVILEGE Re: Black Affairs Advisory Board ProposaI (Our File No. 39 T) Dear Tom: You recently requested our opinion on various issues pertaining to the Collier county (hereinafter "the County") Black Affairs Advisory Board Proposal. These inquiries as well as my responses to such inquiries are set forth below. FACTUAL BACKGROUND: The facts as I understand them are as follows. It is my __ understanding that the County Black Affairs Advisory Board has recommended the establishment of a County Department of Equal Opportunity. The Advisory Board's recommendations are encompassed in a memorandum (the Proposal), which is a third draft revised most recently on March 11, 1992. As part of its Proposal, the Advisory Board in Section I.B.1, states that: "there is significant under-representation of minorities and protected groups employed by the County, especially in non-traditional middle and upper echelon positions. The applicant flow is also under-representative of such groups." 1 06/12/92 13:32 '5'813 253 2000 1l0GG,ALLE\ TPA, ___ __ ~i;j]003 ~_ Mr. Tom ~~itecotton June 12, 1992 Further, the Report states in Part B.2. that: "(slome affirmative action and equal employment policies and procedures have been or are being put into place....lt does not appear as of this time that they have resulted in significant success." Also, the proposal provides in Section I.C that: "While we do not have hard data in this segment of employment, it is a given that employment discrimination is a significant phenomenon in this nation and state. There is therefore every reason-to believe it is one of significance in the Collier County private sector, especially in the absence of locally enforced laws, rapid increases in the numbers of minorities and other protected groups, bad economic times, and the non-existence of local technical assistance and education on what legally constitutes discriminatory practices." Further, the Proposal advocates affirmative action in procurement of goods and services and states that the County must, pursuant to Florida law, set goals for contracting with protected group members. Moreover, the Proposal states that "it is our guess" that County resources are not in place to respond to-~he requirements of the Americans With Disabilities Act, and that there is a lack of centralized effective-mechanisms based on County laws and resources to ensure equal employment and non- discrimination for the "protected groups" as defined by applicable state and federal laws. Br way of background, the County is a recipient of federal grants involving public works and utility projects. Each federal agency awarding grants provides its own terms for participation, as specified in the various grant documents, which I have not reviewed. For example, it is my understanding that the 1It is my understanding that the County has no contracts with the federal government which would subj ect it to requirements pursuant to Executive Order 11246 and other applicable provisions pertaining to federal contractors. 2 HOGO, A.r.LEN, NORTON Be BLUE PRO"ES$ION"L A.SSOCIATlON 06/12/92 13:33 'Bs 1:1 253 2000 HllGG, .\LLL'\ '1'1':\. 19J1JlJ-L Mr. Tom Whitecotton June 12, 1992 Department of Housing and Urban Development (HUD), in granting federal monies, requires the county pursuant to the Fair Housing Act to engage in good faith efforts to announce bid opportunities to minorities. Pursuant to this grant, the County has publicized bidding opportunities in publications targeted at minorities. In addition, in an attempt to broaden the scope of participation pursuant to this grant, the County has held occasional workshops on bid procedures and, in recruiting, has pUblicized that the County will assist on a one-to-one basis in the bidding process. Pursuant to another federal grant, the County has adopted a plan to provide equal employment opportunity and to actively recruit and refer women and minority candidates for employment in the County. In addition, the County's Personnel Policies and Procedures, as set forth in tne Collier County Human Resources Policies and Procedures Manual, underscore the County's strong commitment to equal employment opportunity. The county's Equal Employment Opportunity Policy, Section 0380, provides that "[iJt is the policy of Collier County to ensure that all Human ResourCes policies and practices are administered without regard to race, color, religion, sex, age, national origin, physical or mental handicap, or marital status." The Equal Employment opportunity Policy also states that "All recruitment, selection, placement, promotion, transfer, training, and layoff decisions will be based sOlely on the candidate's jOb-related qualifications and abilities." The policy further provides that "(aJIl other Human Resources policies and practices, including compensation, benefits, discipline, safety, as well as social and recreational activities will be administered and conducted without regard to race, color, religion, sex, age, national origin, physical or mental handicap, or marital status." Also included in the policy is a provision that "[aJn outreach program may be utilized to recruit, hire, and ensure advancement of qualified minority group members, women, handicapped individuals and veterans." The Equal Employment Opportunity policy also provides that the county will take the necessary steps to ensure a work environment free of unlawful discrimination and that County 3 HOGG. ALLE~. NORTO:O> & BLUE PRO'~SSION"L. ASSOCIATION 06112/92 13:34 '5'813 253 20U6 HOGG, ALLE:; TP A, I4J 005 Mr. Tom Whitecotton June 12, 1992 practices, policies, and procedures pertaining to EEO pOlicies will continually be reviewed to ensure compliance by supervisors and managers. Moreover, the policy provides that employees with EEO-related questions, comments or complaints are encouraged to discuss them with their supervisor and, to the extent such complaints cannot be resolved with their supervisor, to utilize the County's Commitment to Fair Treatment Policy. The County's Fair Treatment policy, Section 0250, provides for a an appeals' procedure, assuring a grievance process internally for those individuals who have alleged unfair treatment in an employment action. The purpose of this policy and procedure is "to provide a vehicle for employees to solve problems or resolve disputes which may arise regarding the appTication, meaning or interpretation of the County's Human Resources Policies and Procedures." In addition, the County has engaged in outreach measures to recruit candidates for County employment from a broader population base to include minority candidates. The County developed in October 1990 the PIMA (Plan to Increase Minority Applicants) Network. The network consists of 30 individuals throughout the state of Florida whom minority applicants are most likely to consult for information about the availability of professional positions, such as leaders of minority institutions, teachers, managers, placement directors, and those whose dutles place them in regular contact with potential minority job candidates. As part of this program, the County has an internal sbeering committee, consisting of County professional minority staff, associated with PIMA. Further, as part of the PIMA program, a monthly minority applicant and placement report is prepared by the Human Resources Director for the County Manager and is distributed to the NAACP President and to a PIMA consultant. In addition, the PIMA program provides for newspaper advertising targeted to reach Black and Hispanic populations as well as other media outreach efforts, including radio appearances, and recruiting at schools with minority populations and at jOb fairs in minority areas. The County also offers training sessions on interview/selection teChniques consistent with these prinCiples to its managers and supervisors on a quarterly basis. Moreover, in terms of procurement of goods and services by the County, it is my understanding that in awarding contracts the County has no set-asides or minority preference program. Rather, 4 HOGG, ALLEN, NORTON 8< BLUE PROF'ESSrON....L. ASSOCIATION 00/12/92 13:35 5'813 253 2006 1l0GG. .\LLE'\ TP,\, 141006 Mr. Tom Whitecotton June 12, 1992 the County has taken steps to increase its base of vendors in an attempt to include minorities in bid solicitation. As I understand it, there is no evidence that the County has engaged in past or present discrimination in its policies as an employer, as a provider of goods and services or as a procurer of goods and services. In terms of statistical information relating to minorities in the labor force, the County has statistical data from the 1980 census, but has not yet been provided with statistical data from the 1990 census. ISSUES: Set forth below are the issues as presented by the County for our analysis: I. Pursuant to Federal and state civil rights laws, what are the legal responsibilities of Collier County government as an employer, a deliverer of services, provider of programs, and as a procurer of goods and services? 2. What County mechanisms, laws, and other resources are deemed essential for Collier County to meet those responsibilities to be in compliance with these laws? In other words, what should we have in place to pass a compliance review or to effectively counter a complaint investigation conducted by Federal or State compltance agencies? 3. What County mechanisms, etc. are presently in place? How do they compare to those identified in item n~ber two (2) above? - " 4. To what extent, and in what areas, does the attached proposal of the Collier County Black Affairs Advisory Board address the requirements for the county to meet its responsibilities? LEGAL ANALYSIS: 1. In response to Issue No.1, there are several Constitutional and statutory provisions pertaining to the legal responsibilities of Collier County in its various capacities of employer, deliverer of services, provider of programs, and procurer of goods and services. An overview of the legal obligations under the major civil rights and related statutory provisions are highlighted herein. 5 HOGG. ALL:t:N. NORTON & BLUE PRO"!:SSIONAL ASSO~IATION 06/12192 13:36 '5'813 253 2000 HOGG. .\LLE" TP.\. I4J 007 Mr. Tom Wnitecntton June 12, 1992 a. General Overview: 1. Public Emolover: As a public employer, the County is subject to the Fourteenth Amendment of the U.S. Constitution, which provides that "[N)o State shall.... deny to any person within its jurisdiction the equal protection of the laws." Plaintiffs can vindi~ate their federal constitutional rights through a lawsuit brought under the Civil Rights Act of 1866, 42 U.S.C. Section 1983, and can seek unlimited compensatory and punitive damages as well as the right to a jury trial. In the state of Florida, individuals are guaranteed the right to equal protection under the state Constitution as well. Art. 1, Section 2, Fla. Const. Additionally, Section 1981 of the civil Rights Act of 1866 provides individuals with the right to sue the County where they have been denied the right to make and enforce contracts based on their race. For purposes of this statute, "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." While this statute had previously applied only to private sector employers, the civil Rights Act of 1992 has extended those protections to public sector employees as well. Other statutory provisions include Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, as amended by the civil Rights Act of 1991, which prohibits an employer who has fifteen or more employees from discriminating in employment. The Act specifies that it is unlawful "to fail or refuse to hire or to discharg~ any individual,_or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin." The Florida Civil Rights Act of 1992, previously the Florida Human Rights Act, parallels Title VII but also provides protection based on age, handicap and marital status. Further, the County is prohibited from discriminating in the payment of wages based on sex, pursuant to the Equal Pay Act of 1963, 29 U.S.C. Section 206(d), and based on age pursuant to the federal Age Discrimination in Employment Act (ADEA), 29 D.S.C. section 621, and the Florida Civil Rights Act of 1992. While the federal Act prohibits discrimination based on age beginning at age 40, the state Act, Section 760 et sea., prohibits discrimination based on age without any limit. 6 HOGG. ALLE...... NORTON & BLL"E PAO"E,5510NAl A550CiATlOi'\l _________~6/.1J~~ _J3: 38 fr8t3 253 ~006 HlJ~,b. ..'I.I..Ll..' ,..,. , I Mr. Tom Whitecotton June 12, 1992 As to handicap discrimination, the county also is subject to the Americans with Disabilities Act, 42 U.S.C. section 12101 ~ ~. This Act prohibits discrimination against individuals with disabilities in employment, public services ana transportation, public accommodations, and telecommunications services. Also, the Rehabilitation Act of 1973 prohibits discrimination by federal contractors and grantees against individuals with handicaps. A separate state statute prohibits discrimination based on AIDS, section 760.50, which is a handicap under the federal ADA as well. 2. federal Grant Recipient: As a recipient of federal grant monies, the County is subject to Title VI of the Civil Rights Act of 1964, 42 U.S.c. section 2000d. This statute, which prohibits discrimination on the basis of race, color, or national origin, applies when the federal financial aid is granted for the purpose of providing employment. Further, all operations of the state or local government departments or agencies receiving federal funds are covered by this provision, as well as state and local government entities that distribute the funds. AS a grant recipient, the county also is subject to Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, which provides that recipients of such funds must not discriminate against job applicants or employees on the basis of physical or mental disability. This provision is applicable to all operations of __the departments~r agencies receiving or distributing the federal funds. Moreover, the non_discrimination provisions of the ADA apply to the county in any event. In terms of requirements by the county as a procurer of goods and services, state law, section 287.093 ~. stat., allows but does not require the county to set aside up to 10 percent or more of the total amount of funds allocated for the procurement of personal property and services for the purpose of entering into contracts with minority business enterprises. SignificantlY, however, the set-aside contracts must be used to redress present effects of past discriminatory practices. Thus, in the absence of a finding of past discrimination, the county may not rely on this statute as a basis for providing set-asides. 3. procurer of Goods and services: 7 ROGG. ALLEN, NORTON & BLUE PRor~S510"l"'L ...SSOC'....TION ~__ ~6/12/92 13:39 'BS13 253 2000 III ;;;.;. .-\LLE\ TP.\. I4J DO!1 Mr. Tom Whitecotton June 12, 1992 b. Affirmative Action: It is important to note that in the absence of a finding or record of prior discrimination, the county not only is not required to engage in affirmative action, but may well be prohibited from doing so. Specifically, the county by engaging in affirmative action without the necessary foundation, may, in fact, subject itself to liability pursuant to Equal protection under the Fourteenth Amendment of the constitution as well as reverse discrimination under Title VII.Z The Supreme Court has enunciated the stringent test required to sustain such affirmative action. In City of Richmond v. Croson co., 488 U.S. 469 (1989), the supreme Court held unconstitutional on equal protec~ion grounds a set-aside for minority contractors by the city of Richmond in connection with an award of city contracts. Of significance in Croson is the Court's application of a strict scrutiny analysis to a case brought under the Fourteenth Amendment challenging an affirmative action program. To survive this scrutiny, a policy must be justified by a compelling gcvernmental interest and must be narrowly tailored to serve that interest. In the set-aside program at issue in Croson, the plan declared that it was remedial in nature and enacted for the purpose of promoting wider participation by minority business enterprises in the construction of public projects. Finding no direct evidence of race discrimination on the part of the city in contracting or evidence that the city's prime contractors had discriminated agains~~inority-owned subcontractors, the Court ~truck down the plan. The Court. held that the city's generalized. ZIt appears from the case law in this area that the courts scrutinize more stringently affirnative action cases brought under the Constitution than under Title VII. In Johnson v. Transoortation Aaencv, 480 U.S. 616, 43 FEP 411 (1987), the Court upheld employment action undertaken by Santa Clara County whereby the sex of the applicants was one factor considered in a promotion decision. A footnote in Johnson states, in essence, that the obligations of a public employer under Title VII were not intended to extend as far as those required under the constitution. 43 FEP 417, fn. 6. Moreover, in peiohtal v. Metropolitan Dade Count v , 940 F.2d 1394 (11th Cir. 1991), the court affirmed the affirmative action plan under Title VII but =enanded for consideration under the constitutional claim. 8 HOGG, ALLEN. ~ORTON & BLUE l"'IC~ESSiCOoj",. .~SOCI....T~O~ 06/12192 13:40 '5'813 2,;3 2006 1I0GG..\LL!', Tn. Ii!I 0 I 0 Mr. Tom Whitecotton June 12, 1992 assertion that there had been past discrimination in the construction industry provided no guidance for the legislative body to determine the precise scope of the injury it sought to remedy. The court noted that "[r)acial classifications are suspect, and that means that simple legislative assurances of good intention cannot suffice." If!. at 501. Rejecting the city's reliance on the disparity between the number of prime contracts awarded to minority firms and the minority population of the city, the court held that where special qualifications are required to fill specific jobs, comparisons to the general population, as opposed to the smaller group of individuals who possess the necessary qualifications, lack probative value. However, the Court held that "[w)here gross statistical disparities can be shown, they alone in a proper case may constitute prima facie proof of a-pattern or practice of discrimination under Title VII," Id. at 501 citing Hazelwood School nist. v. united States, 433 U.S. 299 (1977). Similarly, the Court rejected the city'S reliance on evidence that minority business enterprise membership in local contractors' associations was extremelY low and its reliance on Congress' finding that there had been nationwide discrimination in the construction industry. Finding that none of the evidence presented by the city pointed to any identified discrimination in the Richmond construction industry, the Court held that the city failed to demonstrate a compelling interest in apportioning public contracting opportunities on the basis of race. "To accept Richmond's claim that past societal discrimination alone can serve as the basis for rigid racial preferences would be to open the door to competing claims for 'remedial relief' for every disadvantaged group." ~. at 505. Further, the court noted that the city had failed to give consideration to race-neutral means to increase minority participation in city contracting. Examples provided by the court included simplification of bidding procedures, relaxation of bonding requirements, and training and financial aid for disadvantaged entrepreneurs of all races. In the absence of demonstrating a "strong basis in evidence for its conclusion that remedial action was necessary," however, the Court held that the city had failed to identify the need for remedial action in the awarding of contracts. Thus, the Court held that the treatment of its citizens on the basis of race violated the Equal protection Clause. 9 HOGG, ALLEN. NORTON & BLUE PROF'E:SSIONAl.. ....SSOCIATlON 06/12/92 13:41 '5'813 253 2006 HOGG.ALLE'I TPA. 141011 Mr. Tom Whitecotton June 12, 1992 subsequent decisions by the U.S. courts of Appeal in this area, including rulings by the Eleventh, Seventh and D.C. Circuits, have continued to clarify the parameters of affirmative action. See e.g. peightal v. Metrooolitan Dade County, 940 F.2d 1394 (11th Cir. 1991); Cone COrD. v. Hillsborouah County, 908 F.2d 908 (11th Cir. 1990),cert. denied, 111 S.ct. 516 (1990), Qll remand, 777 F.SupP. 1558 (M.D.Fla. 1991) (summary judgment for county based on lack of standing); Billish v. citv of Chicaao, Case Nos. 87 C 8731, 7295, (7th Cir. 1992), as reported in 98 DLR (BNA) 0-1 (May 20, 1992); Lamorecht v. FCC, 958 F.2d 382 (D.c.cir. 1992). While in Lamorecht, the D.C. circuit struck down a preference for female owners of radio stations as violative of equal protection, the Seventh and Eleventh Circuits upheld, in part, affirmative action plans involving firefighters. In peiahtal, which is binding precedent for the County, a divided Eleventh Circuit panel upheld the validity of the affirmative action plan under Title VII but remanded for consideration under the Equal protection Clause in light of Croson. The plan sought to redress a statistical imbalance, discovered through a statistical analysis, between the percentage of minorities in the Department and the percentage of minorities in the general population. The district court had found that statistics involving the general population were appropriate based on the fact that the position was an entry-level one which did not require specialized skills. The stated long-term goal of the plan was "to attain parity [between the Department '-5 work force and) the population." When peightal, a white male, was not hired because the Department hired applicants who had_scored lower than he on the exam, he brought a Title VII and Section 1983 action alleging reverse discrimination. The County defended on the basis that it had adopted a legitimate affirmative action plan. A majority of the panel upheld the plan under a Title VII analysis, finding a gross disparity in the employment of minorities dating back to 1965. By 1983, when the plan was adopted, the Department employed 921, with whites comprising 74 percent, blacks 11.8 percent, Hispanics l3.8 percent, and women 1.3 percent. This was in contrast to the available labor pool, which was 47 percent white, 17.3 percent black, 35.8 percent Hispanic, and 50 percent female. The court agreed there was a gross statistical disparity in employment of minorities and, thus, the plan was valid under Title VII. However, the case was remanded to the district court for consideration in light of Croson. 10 HOGG, ALLE:'\', NORTON & BLUE P~O"[SSION""L ASSOCIATION U6 12/92 10:-lJ '0'01.) ';;JJ ~v"u Mr. Tom Whitecotton June 12, 1992 In Cone CorD_, sunra, the Eleventh Circuit reversed a grant of summary judgment invalidatirg a Hillsborough county minority business enterprise (MBE) law. Distinguishing Croson, the Eleventh Circuit found that Hillsborough County decided to implement its law based on statistics which revealed specifically that there was discrimination in the construction business commissioned by the County. According to the court, the testimony regarding complaints of discrimination combined with gross statistical disparities uncovered by the county studies provided more than sufficient evidence of prior discrimination and the need for racial classification to justify the denial of the summary judgment motion. citing further differences between Croson and the case st ~, the court noted that the County had attempted-for six years to implement an MBE program voluntarily, and that only when such voluntary efforts failed was the MBE law enacted. The court additionally found that the law was flexible and that it targeted benefits to those most likely to have been the victims of discrimination. The Peiahtal decision, which is extremely fragmented with various opinions, along with the other cases, demonstrate the difficulty in predicting with certainty how a court will rule in this area. What is clear, however, is that the courts will require a fact-based showing, which may include a comprehensive statistical analysis, demonstrating prior discrimination before upholding an affirmative action plan under-the exacting standard of the Fourteenth Amendment. In sum, then, pursuant to federal and state law, in the absence of a finding of past discrimination the county is required to engage in equal opportunity and non-discriminatory practices in its roles as employer, deliverer of services 30n remand, the district court subsequently found that material issues remained to be addressed regarding the MBE program, but that a determination on a summary judgment determination was unnecessary in light of its holding that the non-minority contractors lacked standing to pursue their equal protection claim. The court noted that allegations of lost profits were insufficient to confer standing. In addition, the court held that even if the non-minority contractors had alleged a specific injury, as opposed to mere lost profits, there remained an insufficient threat of future injury to confer standing. cone Corp. v. Hillsborouah County, 777 F.SupP. 1558 (M.D.Fla. 1991). 11 HOGG, ALLEN, NORTON & BLUE PRO'ES510N....1.. A.5S0CIArION Mr. Tom Whitecotton June 12, 1992 I pursuant to federal grant monies and as a procurer of goodS and services. Further, the County should continue its equal opportunity practices but refrain from participation in an affirmative action plan in the absence of the necessary factual predicate which would justifY a remedy which is subject to scrutiny by the courts. Issue No.2: You also inquired as to what county mechanisms, laws and other resources are deemed essential for the County to meet its responsibilities and to be in compliance with these laws. As set forth above, in order to comply with state and federal civil rights laws, the county should continue to implement its equal employment policies and programs to applicants and employees and to award contracts for goods and services on the basis of legitimate qualifications without regard to such factors as an individual's race, religion, sex, national origin, age, marital status or handicap. It is my opinion that the County is placing itself in a defensible position with regard to civil rights laws by continuing to apply its equal employment and fair treatment practices as well as race-neutral measures to increase minority participation in employment and in contract opportunities. Absent a strong basis in fact to substantiate prior discrimination, the eounty could subject itself to liability for embarking on an affirmative action plan, as detailed more fully above. Issue No.3: Further, you inquired as to the county mechanisms in place and, as compared to those needed for compliance with applicable laws. As detailed herein, the county has a strong equal opportunity policy and procedures in place and further has undertaken a number of voluntary, race-neutral measures in an effort to increase the participation of Blacks and Hispanics in County employment and contracting. I do not believe that additional measures are needed at this time for compliance with applicable laws, provided that the County is implementing its policies on a fair and non-discriminatory basis, which is my understanding. 12 HOGG, .ALLEN, ~ORTON & BLUE PROfCSSIONAL. ,&.SSOCIATION ---- Mr. TOlll Whitecotton June 12, 1992 Issue No.4: Finally, you inquired as to the areas and extent to which the Black Affairs Advisory Board proposal addresses the county's legal requirements. For the reasons set forth below, it is my opinion that this proposal advocates actions which could subject the county to liability and recommends resources and policies which duplicate those already provided by the County. First, as reflected in highlighted provisions in the first part of this letter, the Proposal includes sweeping and general statements regarding County policies. These include statements suggesting the failure of County laws to ensure equal opportunity and "significant under-representation of minorities and protected groups employed by the County" as well as the failure of affirmative action and equal employment opportunity policies of the county. Moreover, the Proposal states, admittedly without hard data, that there is the existence of discrimination in private sector employment in the county, and that it is a "guess" that there will not be resources in place to comply with the ADA. Based on the above summary, the Proposal advocates affirmative action in County procurement of goods and services. The Proposal, however, provides no documentation in support of or substantiation for these statements. Absent such factual and documented support, the County should not accept or adopt these sweeping and generalized, conclusory statements of inadequate protection, discrimination, and under-representation of minorities in County practices. Moreover, adoption of affirmative action measures without the "strong basis in evidence" required by the courts COl:ild subject the county to liability for reverse discrimination. Rather, prior to engaging in the affirmative action proposed, the County is legally required to have proof of discrimination, which could include a statistical analysis. Should the County wish to rely on statistics for its foundation, however, I would recommend that a study be undertaken by a qualified, neutral professional or organization in order to determine the likelihood that such statistical imbalance is a result of discrimination. It is my opinion that the recommendations contained in the Report, if adopted, would subject the County to liability as described above. At this time, the County does not have the factual basis to justify an affirmative action plan. The recommendations contained in the Report lack any support and are based on generalized assertions and conjecture, grounds specifically rejected by the supreme Court in Croson. 13 HOGG, ALLEN, ~ORTON & BI"UE PRO~ESSIONAL A.SSOCI",,'TION Mr. Tom Whitecotton ,iune 12, 1992 Accordingly, I would advise the county to continue providing race-neutral measures in the absence of a strong basis in fact that the County has engaged and is engaging in discrimination. Moreover, as to the creation of an EEO Department within the County, it is worth noting that in addition to internal protections pursuant to County policies and procedures, including internal grievance procedures, employees are protected by the state and federal civil rights laws detailed herein, and that experienced state and federal agency officials are charged with the duty of investigating and processing claims of unlawful discrimination filed by individuals who believe that they have been subjected to unlawful discrimination by the County. In addition, citizens generally are protected by equal protection and other constitutional and statutory laws as set forth herein. Therefore, it is my opinion that an internal EEO Department is not required for individuals in the county to receive the protections already provided under existing federal and state provisions. I hope that this information satisfactorily responds to your inquiries. Please contact me to discuss these issues once you have had a chance to review thi etter. Gai~n Holtzman 14 HOGG, ALLEN, ~ORTON & BLUE PROFESSION....L .....SSOCIATION --- Pursuant to the Collier County Board of County Commissioners' desire to know the extent to which the county mayor may not be in compliance with Federal and State civil rights laws. we ask that you give us a legal opinion relative to the below questions. 1. Pursuant to Federal and State civil rights laws, what are the legal responsibilities of Collier County government as an employer, a deliverer of services, provider of programs, and as a procurer of goods and services? 2. What county mechanisms, laws and other resources are deemed essential for Collier County to meet those responsibilities and to be in compliance with these laws? In other words, what should we have in place to pass a compliance review or to effectively counter a complaint investigation conducted by Federal or State compliance agencies? 3. What county mechanisms, etc., are presently in place? How do they compare to those identified in item number two (2) above? 4. To what extent, and in what areas, does the attached proposal of the Collier County Black Affairs Advisory Board address the requirements for the county to meet its responsibilities? 06/12/92 13:31 '0'813 253 2006 1I0GG . .\LLD TP,. ~Q02__ L....W O,..'IC[5 HOGG, A.x.LEN, NORTON & BLUE PRortS$IONAL ASSOC1.A.T10,.. TAMPA OFFICE HYDE;. P...A~ PLAZA.SUllE 350 32<4 SOUTH ..yot PARK AVENUE TAMPA. FLORIDA 33606 8131251-1210 TELECOPV 813/2S3-2006 CORAL GASLE5 OfTlCZ 121 ""'-JORC:A CORAL GABLES. FLORIDA 33134 305'0445-7801 TE1.ECOF'Y J05'......JJH5?8 ORLANOO OFFICE &ARHaT Pl.AZA., SUITE 7<40 201 SOl.lTH OIllANGE AVENUE ORLA..."'iDO, FLORIDA 32801 4011843-0437 TELtCOPV 407/422.7368 DRAFT REPLY TO: Tampa June 12 , 1992 Mr. Tom Whitecotton Collier county 3301 E. Tamiami Trail Building F - 8th Floor Naples, Fl 33962 CONFIDENTIAL HOGG, ALLEN, NOP.TOi~ &. BLUE, P.A. ATTORNEY.CLleNT PRIVILEGE Re: Black Affairs Advisory Board Proposa1: (Our File No. 39 T) Dear Tom: You recently requested our opinion on various issues pertaining to the Collier County (hereinafter "the County") Black Affairs Advisory Board Proposal. These inquiries as well as my responses to such inquiries are set forth below. FACTUAL BACKGROUND: The facts as I understand them are as follows. It is my __ understanding that the County Black Affairs Advisory Board has recommended the establishment of a county Department of Equal opportunity. The Advisory Board's recommendations are encompassed in a memorandum (the Proposal), which is a third draft revised most recently on March 11, 1992. As part of its Proposal, the Advisory Board in section I.B.l, states that: "there is significant under-representation of minorities and protected groups employed by the County, especially in non-traditional middle and upper echelon positions. The applicant flow is also under-representative of such groups." 1 06/12/92 13:32 '5'813 253 2006 HOGG.ALLE" TPA. _ ____~1lL00_3 ___.. Mr. Tom ~~itecotton June 12, 1992 Further, the Report states in Part B.2. that: "[s)ome affirmative action and equal employment policies and procedures have been or are being put into place....lt does not appear as of this time that they have resulted in significant success." Also, the proposal provides in Section I.C that: "While we do not have hard data in this segment of employment, it is a given that employment discrimination is a significant phenomenon in this nation and state. There is therefore every reason1to believe it is one of significance in the Collier County private sector, especially in the absence of locally enforced laws, rapid increases in the numbers of minorities and other protected groups, bad economic times, and the non-existence of local technical assistance and education on what legally constitutes discriminatory practices." Further, the Proposal advocates affirmative action in procurement of goods and services and states that the County must, pursuant to Florida law, set goals for contracting with protected group members. Moreover, the Proposal states that "it is our guess" that County resources are not in place to respond to-~he requirements of the Americans With Disabilities Act, and that there is a lack of centralized effective.mechanisms based on County laws and resources to ensure equal employment and non- discrimination for the "protected groups" as defined by applicable state and federal laws. Br way of background, the County is a recipient of federal grants involving public works and utility projects. Each federal agency awarding grants provides its own terms for participation, as specified in the various grant documents, which I have not reviewed. For example, it is my understanding that the 1It is my understanding that the County has no contracts with the federal government which would SUbject it to requirements pursuant to Executive Order 11246 and other applicable provisions pertaining to federal contractors. 2 IIOGG. ALLEN, NORTON & BLUE PIltO"ESSION"L .....SSOCIA.TION 06/12/92 13:33 'BS13 253 2006 lIUGG. ,\LLL.\ TI'.\. If!J uu'!____ Mr. Tom Whitecotton June 12, 1992 Department of Housing and Urban Development (HUD), in granting federal monies, requires the county pursuant to the Fair Housing Act to engage in good faith efforts to announce bid opportunities to minorities. Pursuant to this grant, the County has publicized bidding opportunities in publications targeted at minorities. In addition, in an attempt to broaden the scope of participation pursuant to this grant, the County has held occasional workshops on bid procedures and, in recruiting, has publicized that the County will assist on a one-to-one basis in the bidding process. Pursuant to another federal grant, the County has adopted a plan to provide equal employment opportunity and to actively recruit and refer women and minority candidates for employment in the County. In addition, the County's Personnel POlicies and Procedures, as set forth in tne Collier County Human Resources policies and Procedures Manual, underscore the County's strong commitment to equal employment opportunity. The County's Equal Employment Opportunity Policy, Section 0380, provides that "[i)t is the policy of Collier county to ensure that all Human Resources policies and practices are administered without regard to race, color, religion, sex, age, national origin, physical or mental handicap, or marital status." The Equal Employment Opportunity Policy also states that "All recruitment, selection, placement, promotion, transfer, training, and layoff decisions will be based solely on the candidate's jOb-related qualifications and abilities." The policy further provides that "(a)ll other Human Resources policies and _ practices, including compensation, benefits, discipline, safety, as well as social and recreational activities will be administered and conducted without regard to race, color, religion, sex, age, national origin, physical or mental handicap, or marital status." Also included in the policy is a provision that "[a]n outreach program may be utilized to recruit, hire, and ensure advancement of qualified minority group members, women, handicapped individuals and veterans." The Equal Employment Opportunity policy also provides that the county will take the necessary steps to ensure a work environment free of unlawful discrimination and that County 3 HOOG. ALLE::-i". NORTO::-i" & BLUE PROf"CSSIONAL ASSOCIATION 06/12/92 13: 34 '5'813 253 2006 1I0GG. ALLE:, TPA. 141 005 Mr. Tom Whitecotton June 12, 1992 practices, policies, and procedures pertaining to EEO policies will continually be reviewed to ensure compliance by supervisors and managers. Moreover, the policy provides that employees with EEO-related questions, comments or complaints are encouraged to discuss them with their supervisor and, to the extent such complaints cannot be resolved with their supervisor, to utilize the County's Commitment to Fair Treatment Policy. The County's Fair Treatment policy, Section 0250, provides for a an appeals' procedure, assuring a grievance process internally for those individuals who have alleged unfair treatment in an employment action. The purpose of this policy and procedure is "to provide a vehicle for employees to solve problems or resolve disputes which may arise regarding the apprication, meaning or interpretation of the County's Human Resources Policies and Procedures." In addition, the County has engaged in outreach measures to recruit candidates for County employment from a broader population base to include minority candidates. The County developed in October 1990 the PIMA (Plan to Increase Minority Applicants) Network. The network consists of 30 individuals throughout the state of Florida whom minority applicants are most likely to consult for information about the availability of professional positions, such as leaders of minority institutions, teachers, managers, placement directors, and those whose dutles place them in regular contact with potential minority job candidates. As part of this program, the County has an internal s~ring committee, consisting of County professional minority staff, associated with PIMA. Further, as part of the PIMA program, a monthly minority applicant and placement report is prepared by the Human Resources Director for the County Manager and is distributed to the NAACP President and to a PIMA consultant. In addition, the PIMA program provides for newspaper advertising targeted to reach BlaCk and Hispanic populations as well as other media outreach efforts, including radio appearances, and recruiting at schools with minority populations and at job fairs in minority areas. The County also offers training sessions on interview/selection teChniques consistent with these principles to its managers and supervisors on a quarterly basis. Moreover, in terms of procurement of goods and services by the County, it is my understanding that in awarding contracts the County has no set-asides or minority preference program. Rather, 4 HOGG, ALLEN, NORTO~ & BLUE 00/12/92 13:35 '5'813 253 2006 IlOGG.ALLE\ TPA. 141 n06 Mr. Tom Whitecotton June 12, 1992 the County has taken steps to increase its base of vendors in an attempt to include minorities in bid solicitation. As I understand it, there is no evidence that the County has engaged in past or present discrimination in its policies as an employer, as a provider of goods and services or as a procurer of goods and services. In terms of statistical information relating to minorities in the labor force, the County has statistical data from the 1980 census, but has not yet been provided with statistical data from the 1990 census. ISSUES: Set forth below are the issues as presented by the County for our analysis: 1. Pursuant to Federal and State civil rights laws, what are the legal responsibilities of Collier County government as an employer, a deliverer of services, provider of programs, and as a procurer of goods and services? 2. What County mechanisms, laws, and other resources are deemed essential for Collier County to meet those responsibilities to be in compliance with these laws? In other words, what should we have in place to pass a compliance review or to effectively counter a complaint investigation conducted by Federal or State compliance agencies? 3. What County mechanisms, etc. are presently in place? How do they compare to those identified in item namber two (2) above? - .-- 4. To what extent, and in what areas, does the attached proposal of the Collier County Black Affairs Advisory Board address the requirements for the county to meet its responsibilities? LEGAL ANALYSIS: 1. In response to Issue No.1, there are several Constitutional and statutory provisions pertaining to the legal responsibilities of Collier county in its various capacities of employer, deliverer of services, provider of programs, and procurer of goods and services. An overview of the legal obligations under the major civil rights and related statutory provisions are highlighted herein. 5 HOGG, ALLEN, NORTON & BLUE PROFtSSIONAl ASSOCIATION 06/12/92 13:36 '5'813 253 2000 1I0GG. .\LLE" TP.\. 141 007 Mr. Tom Wnitecotton June 12, 1992 a. General Overview: 1. Public Emolover: As a public employer, the County is subject to the Fourteenth Amendment of the U.S. Constitution, which provides that "[N)o State shall.... deny to any person within its jurisdiction the equal protection of the laws." Plaintiffs can vindi~ate their federal constitutional rights through a lawsuit brought under the Civil Rights Act of l866, 42 U.S.C. Section 1983, and can seek unlimited compensatory and punitive damages as well as the right to a jury trial. In the state of Florida, individuals are guaranteed the right to equal protection under the state Constitution as well. Art. l, Section 2, Fla. Const. Additionally, Section 1981 of the Civil Rights Act of 1866 provides individuals with the right to sue the County where they have been denied the right to make and enforce contracts based on their race. For purposes of this statute, "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." While this statute had previously applied only to private sector employers, the Civil Rights Act of 1992 has extended those protections to PUblic sector employees as well. Other statutory provisions include Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, as amended by the civil Rights Act of 1991, which prohibits an employer who has fifteen or more employees from discriminating in employment. The Act specifies that it is unlawful "to fail or refuse to hire or to discharg~ any individual,_or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin." The Florida Civil Rights Act of 1992, previously the Florida Human Rights Act, parallels Title VII but also provides protection based on age, handicap and marital status. Further, the County is prohibited from discriminating in the payment of wages based on sex, pursuant to the Equal Pay Act of 1963, 29 U.S.C. Section 206(d), and based on age pursuant to the federal Age Discrimination in Employment Act (ADEA), 29 D.S.C. section 621, and the Florida civil Rights Act of 1992. While the federal Act prohibits discrimination based on age beginning at age 40, the state Act, Section 760 et sea., prohibits discrimination based on age without any limit. 6 HOGG. ~-\LLE."". NORTON & BLL"E P__O"~~SlO"'AL ASSOCIATION 06/12/92 _-13:38 '5"813 253 2006 llUl,v,.-\j"LL.' ., .- , I I Mr. Tom Whitecotton June 12, 1992 AS to handicap discrimination, the county also is subject to the Americans with Disabilities Act, 42 u.S.C. section 12101 ~ ~. This Act prohibits discrimination against individuals with disabilities in employment, public services ana transportation, public accommodations, and telecommunications services. Also, the Rehabilitation Act of 1973 prohibits discrimination by federal contractors and grantees against individuals with handicaps. A separate state statute prohibits discrimination based on AIDS, section 760.50, which is a handicap under the federal ADA as well. 2. Federal Grant Recipient: As a recipient of federal grant monies, the County is subject to Title VI of the civil Rights Act of 1964, 42 U.S.C. section 2000d. This statute, which prohibits discrimination on the basis of race, color, or national origin, applies when the federal financial aid is granted for the purpose of providing employment. Further, all operations of the state or local government departments or agencies receiving federal funds are covered by this provision, as well as state and local government entities that distribute the funds. AS a grant recipient, the county also is subject to Section 504 of the Rehabilitation Act of 1973, 29 U.S.c. section 794, which provides that recipients of such funds must not discriminate against job applicants or employees on the basis of physical or mental disability. This provision is applicable to all operations of __the departments~r agencies receiving or distributing the federal funds. Moreover, the non_discrimination provisions of the ADA apply to the county in any event. In termS of requirements by the county as a procurer of goods and services, state law, Section 287.093 ~. stat., allows but does not require the county to set aside up to 10 percent or more of the total amount of funds allocated for the procurement of personal property and services for the purpose of entering into contracts with minority business enterprises. significantly, however, the set-aside contracts must be used to redress present effects of past discriminatory practices. Thus, in the absence of a finding of past discrimination, the county may not rely on this statute as a basis for providing set-asides. 3. Procurer of Goods and services: 7 flOGG. ALLEN, NORTON & BLUE PROf"E5510NAL ASSOCI....TION _____ ~~112192 13:39 "'0'513 253 2000 HCCG. .\LLL\ TP.\. 141 009 Mr. Tom wnitecotton June 12, 1992 b. Affirmative Action: It is important to note that in the absence of a finding or record of prior discrimination, the County not only is not required to engage in affirmative action, but may well be prohibited from doing so. Specifically, the county by engaging in affirmative action without the necessary foundation, may, in fact, subject itself to liability pursuant to Equal protection under the Fourteenth Amendment of the constitution as well as reverse discrimination under Title VII.2 The Supreme Court has enunciated the stringent test required to sustain such affirmative action. In citv of Richmond v. Croson Co., 488 U.S. 469 (1989), the supreme Court held unconstitutional on equal protec~ion grounds a set-aside for minority contractors by the City of Richmond in connection with an award of city contracts. Of significance in Croson is the Court's application of a strict scrutiny analysis to a case brought under the Fourteenth Amendment challenging an affirmative action program. To survive this scrutiny, a policy must be justified by a compelling gcvernmental interest and must be narrowly tailored to serve that interest. In the set-aside progra~ at issue in Croson, the plan declared that it was remedial in nature and enacted for the purpose of promoting wider participation by minority business enterprises in the construction of public projects. Finding no direct evidence of race discrimination on the part of the City in contracting or evidence that the city's prime contractors had discriminated agains~~inority-owned subcontractors, the Court ~truck down the plan. The Court held that the city's generalized- 2It appears from the case law in this area that the courts scrutinize more stringently affirnative action cases brought under the Constitution than under Title VII. In Johnson v. Transoortation Aaencv, 480 U.S. 616, 43 FEP 411 (1987), the Court upheld employment action undertaken by Santa Clara county whereby the sex of the applicants was one factor considered in a promotion decision. A footnote in Johnson states, in essence, that the obligations of a public employer under Title VII were not intended to extend as far as those required under the Constitution. 43 FEP 417, fn. 6. Moreover, in Peiahtal v. Metrocolitan Dade Count v , 940 F.2d 1394 (11th cir. 1991), the court affirmed the affirmative action plan under Title VII but =emanded for consideration under the constitutional claim. 8 HOGG, ALLEN. ~ORTON & BLUE ~R:C"ESS!O'liI>._ ....=,SOCI...TION 06/12192 13:40 '5'813 2,;3 2006 HOGG. .-\LLF.~ TP.-\. 141 010 Mr. Tom Whitecotton June 12, 1992 assertion that there had been past discrimination in the construction industry provided no guidance for the legislative body to determine the precise scope of the injury it sought to remedy. The Court noted that "[r)acial classifications are suspect, and that means that simple legislative assurances of good intention cannot suffice." 1J!. at 501. Rejecting the city's reliance on the disparity between the number of prime contracts awarded to minority firms and the minority population of the city, the court held that where special qualifications are required to fill specific jobs, comparisons to the general population, as opposed to the smaller group of individuals who possess the necessary qualifications, lack probative value. However, the Court held that "[w)here gross statistical disparities can be shown, they alone in a proper case may constitute prima facie proof of a-pattern or practice of discrimination under Title VII," 14. at 501 citing Hazelwood School Dist. v. United states, 433 U.S. 299 (1977). Similarly, the Court rejected the city's reliance on evidence that minority business enterprise membership in local contractors' associations was extremelY low and its reliance on Congress' finding that there had been nationwide discrimination in the construction industry. Finding that none of the evidence presented by the city pointed to any identified discrimination in the Richmond construction industry, the Court held that the city failed to demonstrate a compelling interest in apportioning public contracting opportunities on the basis of race. "To accept Richmond's claim that past societal discrimination alone can serve as the basis for rigid racial preferences would be to open the doo~ to competing claims for 'remedial relief' for every disadvantaged group." 1J!. at 505. Further, the court noted that the city had failed to give consideration to race-neutral means to increase minority participation in city contracting. Examples provided by the Court included simplification of bidding procedures, relaxation of bonding requirements, and training and financial aid for disadvantaged entrepreneurs of all races. In the absence of demonstrating a "strong basis in evidence for its conclusion that remedial action was necessary," however, the Court held that the city had failed to identify the need for remedial action in the awarding of contracts. Thus, the Court held that the treatment of its citizens on the basis of race violated the Equal protection clause. 9 HOGG, ALLE~. NORTON & BLUE PROf"!:SSlONAL .....SSOCI...TlON 06/12/92 13: 41 '5'813 253 2006 1I0GG,ALLEN TPA. 141011 Mr. Tom Whitecotton June 12, 1992 subsequent decisions by the u.s. courts of Appeal in this area, including rulings by the Eleventh, Seventh and D.C. Circuits, have continued to clarify the parameters of affirmative action. See e.g. peiahtal v. Metrooolitan Dade County, 940 F.2d 1394 (llth Cir. 1991); Cone Core. v. Hillsborouah County, 908 F.2d 908 (11th Cir. 1990),cert. denied, 111 S.ct. 516 (1990), Qll remand, 777 F.SuPP. 1558 (M.D.Fla. 1991) (summary judgment for county based on lack of standing); Billish v. city of Chicaao, Case Nos. 87 C 8731, 7295, (7th Cir. 1992), as reported in 98 DLR (BNA) D-1 (May 20, 1992); Lamorecht v. FCC, 958 F.2d 382 (D.c.cir. 1992). While in Lamcrecht, the D.C. Circuit struck down a preference for female owners of radio stations as violative of equal protection, the Seventh and Eleventh Circuits upheld, in part, affirmative action plans involving firefighters. In Peiahtal, which is binding precedent for the county, a divided Eleventh Circuit panel upheld the validity of the affirmative action plan under Title VII but remanded for consideration under the Equal protection Clause in light of Croson. The plan sought to redress a statistical imbalance, discovered through a statistical analysis, between the percentage of minorities in the Department and the percentage of minorities in the general population. The district court had found that statistics involving the general population were appropriate based on the fact that the position was an entry-level one which did not require specialized skills. The stated long-term goal of the plan was "to attain parity [between the Department '-5 work force and) the popUlation." When peightal, a white male, was not hired because the Department hired applicants who had_scored lower than he on the exam, he brought a Title VII and section 1983 action alleging reverse discrimination. The County defended on the basis that it had adopted a legitimate affirmative action plan. A majority of the panel upheld the plan under a Title VII analysis, finding a gross disparity in the employment of minorities dating back to 1965. By 1983, when the plan was adopted, the Department employed 921, with whites comprising 74 percent, blacks 11.8 percent, Hispanics 13.8 percent, and women 1.3 percent. This was in contrast to the available labor pool, which was 47 percent white, 17.3 percent black, 35.8 percent Hispanic, and 50 percent female. The court agreed there was a gross statistical disparity in employment of minorities and, thus, the plan was valid under Title VII. However, the case was remanded to the district court for consideration in light of Croson. 10 HOGG, ALLEN, NORTON" & BLUE pJ:lor[SS10N.AL ASSOCIATION Uti, 1~/~;::: 1.);-1.) .~.':'.iJ ';'.)oJ _u"u Mr. Tom Whitecotton June 12, 1992 In Cone CorD., suora, the Eleventh circuit reversed a grant of summary judgment invalidatirg a Hillsborough county minority business enterprise (MBE) law. Distinguishing Croson, the Eleventh circuit found that Hillsborough County decided to implement its law based on statistics which revealed specifically that there was discrimination in the construction business commissioned by the county. According to the court, the testimony regarding complaints of discrimination combined with gross statistical disparities uncovered by the county studies provided more than sufficient evidence of prior discrimination and the need for racial classification to justify the denial of the summary judgment motion. Citing further differences between Croson and the case st ~, the court noted that the county had attempted-for six years to implement an MBE program voluntarily, and that only when such voluntary efforts failed was the MBE law enacted. The court additionally found that the law was flexible and that it targeted benefits to those most likely to have been the victims of discrimination. The Peightal decision, which is extremely fragmented with various opinions, along with the other cases, demonstrate the difficulty in predicting with certainty how a court will rule in this area. What is clear, however, is that the courts will require a fact-based showing, which may include a comprehensive statistical analysis, demonstrating prior discrimination before upholding an affirmative action plan under-the exacting standard of the Fourteenth Amendment. In sum, then, pursuant to federal and state law, in the absence of a finding of past discrimination the County is required to engage in equal opportunity and non-discriminatory practices in its roles as employer, deliverer of services 30n remand, the district court subsequently found that material issues remained to be addressed regarding the MBE program, but that a determination on a summary judgment determination was unnecessary in light of its holding that the non-minority contractors lacked standing to pursue their equal protection claim. The court noted that allegations of lost profits were insufficient to confer standing. In addition, the court held that even if the non-minority contractors had alleged a specific injury, as opposed to mere lost profits, there remained an insufficient threat of future injury to confer standing. Cone corp. v. Hillsborouah County, 777 F.SupP. 1558 (M.D.Fla. 1991). 11 HOGG, ALLEN, NORTON & BLUE PRO'ES510N"L ....s.50CI...TLON Mr. Tom Whitecotton June 12, 1992 pursuant to federal grant monies and as a procurer of goods and services. Further, the County should continue its equal opportunity practices but refrain from participation in an affirmative action plan in the absence of the necessary factual predicate which would justify a remedy which is subject to scrutiny by the courts. Issue No.2: You also inquired as to what county mechanisms, laws and other reSOurces are deemed essential for the county to meet its responsibilities and to be in compliance with these laws. As set forth above, in order to comply with state and federal civil rights laws, the county should continue to implement its equal employment policies and programs to applicants and employees and to award contracts for goods and services on the basis of legitimate qualifications without regard to such factors as an individual's race, religion, sex, national origin, age, marital status or handicap. It is my opinion that the County is placing itself in a defensible position with regard to civil rights laws by continuing to apply its equal employment and fair treatment practices as well as race-neutral measures to increase minority participation in employment and in contract opportunities. Absent a strong basis in fact to substantiate prior discrimination, the county could subject itself to liability for embarking on an affirmative action plan, as detailed more fully above. Issue No.3: Further, you inquired as to the county mechanisms in place and, as compared to those needed for compliance with applicable laws. AS detailed herein, the county has a strong equal opportunity policy and procedures in place and further has undertaken a number of voluntary, race-neutral measures in an effort to increase the participation of Blacks and Hispanics in County employment and contracting. I do not believe that additional measureS are needed at this time for compliance with applicable laws, provided that the County is implementing its policies on a fair and non-discriminatory basis, which is my understanding. 12 HOGG. A.LLEN. NORTON Be BLtm PRO"CS510NAI,. ....SSOCIATION Mr. Tom Whitecotton June 12, 1992 Issue No.4: Finally, you inquired as to the areas and extent to which the Black Affairs Advisory Board proposal addresses the county's legal requirements. For the reasons set forth below, it is my opinion that this proposal advocates actions which could subject the county to liability and recommends resources and policies which duplicate those already provided by the County. First, as reflected in highlighted provisions in the first part of this letter, the proposal includes sweeping and general statements regarding County policies. These include statements suggesting the failure of county laws to ensure equal opportunity and "significant under-representation of minorities and protected groups employed by the County" as well as the failure of affirmative action and equal employment opportunity policies of the county. Moreover, the Proposal states, admittedly without hard data, that there is the existence of discrimination in private sector employment in the county, and that it is a "guess" that there will not be resources in place to comply with the ADA. Based on the above summary, the proposal advocates affirmative action in county procurement of goods and services. The Proposal, however, provides no documentation in support of or substantiation for these statements. Absent such factual and documented support, the county should not accept or adopt these sweeping and generalized, conclusory statements of inadequate protection, discrimination, and under-representation of minorities in county practices. Moreover, adoption of affirmative action measures without the "strong basis in evidence" required by the courts C01i-ld subject the county to liability for reverse discrimination. Rather, prior to engaging in the affirmative action proposed, the County is legally required to have proof of discrimination, which could include a statistical analysis. Should the County wish to rely on statistics for its foundation, however, I would recommend that a study be undertaken by a qualified, neutral professional or organization in order to determine the likelihood that such statistical imbalance is a result of discrimination. It is my opinion that the recommendations contained in the Report, if adopted, would subject the County to liability as described above. At this time, the County does not have the factual basis to justify an affirmative action plan. The recommendations contained in the Report lack any support and are based on generalized assertions and conjecture, grounds specifically rejected by the supreme Court in croson. 13 HOGG, ~-\LLEN, ~ORTON & BLUE PRorE$SIONAI.. ....sSOCI.TION . . Mr. Tom Whitecotton 3une 12, 1992 ACCordingly, I would advise the County to continue providing race-neutral measures in the absence of a strong basis in fact that the County has engaged and is engaging in discrimination. Moreover, as to the creation of an EEO Department within the County, it is worth noting that in addition to internal protections pursuant to County policies and procedures, including internal grievance procedures, employees are protected by the state and federal civil rights laws detailed herein, and that experienced state and federal agency officials are charged with the duty of investigating and processing claims of unlawful discrimination filed by individuals who believe that they have been subjected to unlawful discrimination by the County. In addition, citizens generally are protected by equal protection and other constitutional and statutory laws as set forth herein. Therefore, it is my opinion that an internal EEO Department is not required for individuals in the county to receive the protections already provided under existing federal and state provisions. I hope that this information satisfactorily responds to your inquiries. Please contact me to discuss these issues once you have had a chance to review thi etter. Gai ~n Holtzman 14 HOGG, ALLEN. ~ORTON & BLUE p~Of"ES510N"''' ASSOCIATION ~