BAAB Backup Documents 02/12/1992
Backup
Black Affairs
Advisory Board
Meeting
February 12, 1992
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BLACK AFFAIRS ADVISORY BOARD
FEBRUARY 12, 1992
6:30 P.M.
COLLIER COUNTY GOVERNMENT COMPLEX
BUILDING "F"
BOARD OF COUNTY COMMISSIONERS BOARDROOM
AGENDA
~ I.
APPROVAL OF MINUTES
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II.
CHAIRMAN'S REPORT
~ III. GUEST SPEAKER: Mary Morgan, Supervisory of Elections
IV. SUBCOMMITTEE REPORTS
A.' Housing - Albert Lee iVllL
B. Education - Claudette Gillings v
C. Employment - Larry Word ./
D. Law Enforcement - Henry Tribble
E. Economic Development - Willie Brice~rV ~
F. Governmental/lnter-Govermental Affairs -
Herb Cambridge (0/ (L
G. Health - Clayton Hodge _ NiL
IV. OLD BUSINESS
~ A.
Proposal to Recommend Creating Dept. of Equal
Opportunity & Affirmative Action Plan - Henry
Tribble
B. Public Forum Planning- Robert Walker
V. NEW BUSINESS
VI. PUBLIC COMMENTS
VII.
NEXT
A.
B.
C.
MEETING
Location
Date & Time
Agenda
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BLACK AFFAIRS ADVISORY BOARD
BOARD OF COLLIER COUNTY COMMISSIONERS
MINUTES OF MEETING
TUESDAY, JANUARY 7, 1992
MEMBERS PRESENT:
Larry Word
Albert Lee
Henry Tribble
Herb Cambridge
Claudette Gillings
Willie Brice
Robert Walker (late arrival)
MEMBERS ABSENT:
Clayton Hodge
Jackie Brown
VISITORS:
victor Valdes
Gerald McKinzie
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STAFF PRESENT:
Margret Bowles, Staff Liaison
The meeting of the Black Affairs Advisory Board was held at the
County's Community Development Services Building, Conference Room
"E". Chairman Larry Word called the meeting to order at 6:40 p.m.
1. APPROVAL OF MINUTES. A motion was made, seconded and
passed unanimously to approve the minutes, as read, of the
December 11, 1991 meeting of the Board.
2. SUB-COMMITTEE REPORTS.
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A. Government Affairs - Herb Cambridqe. Mr.
Cambridge read a letter from the Justice Department to the County
commissioners regarding their inquiry in to the
Commissioners Redistricting Plan approved by the Board in
November 1991. The Plan, recommended by County staff and
approved by the Board, was not the Redistricting Plan supported
by the Hispanic and Black Affairs Advisory Boards nor the NAACP.
They supported a Plan recommended by citizens from East Naples.
Specific information has been requested by the Justice Department
prior to its final ruling. Any election results prior to a final
ruling will be subject to challenge. A motion was made, seconded
and passed unanimously to request from the County Attorney's
Office copies of all correspondence and information provided the
Justice Department regarding this matter.
Mr. Cambridge also reported that a meeting will be held on
February 20, 1992 in Immokalee inviting public comment on Single
Member Voting Districts for the election of Collier County School
Board members.
B. NAACP - Gerald McKinzie. Mr. McKinsey reported to
the Board on several community activities in which Board members
should plan to become involve, including (1) the annual NAACP
dinner and meeting; (2) the City of Naples downtown
redistricting; (3) minority staffing of the new Children's
Alliance; and (4} picnic at Anthony Park on January 20, 1992. He
also suggested that members from the Economic Development Council
and the new editor of the Naples Dailv News should be invited to
attend Board meetings.
C. Department of Equal Opportunity - Henry Tribble. A
draft proposal recommending to the County Commissioners the
establishment of a Collier County Department of Equal Opportunity
was reviewed with the Board (copy attached). Following
discussion, a motion was made, seconded and passed unanimously to
have Mr. Tribble discuss the draft with commissioner Saunders and
Leo Ochs, Administrative Services Administrator, and bring back
their comments to the Board at its February meeting. It was also
suggested to seek broad support among organizations which could
\ benefit from this new department, such as the disabled and women
\ minority groups.
D. Economic Development - Willie Brice. A brief report
was made on the planning for increased job opportunities for
juveniles among minority groups in the County.
E. Next Meetinq. The next meeting of the Black Affairs
Advisory Board is scheduled for Wednesday, February 12, 1992 at
6:30 p.m. in the Commissioners Meeting Room in Building 'F' at
the county Government Complex. The guest speaker will be Mary
Morgan, Supervisor of Elections.
There being no further business before the Board, the meeting was
adjourned at 8:20 p.m.
Respectfully submitted,
Margret Bowles, Staff Liaison
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APPROVED BY THE ADVISORY BOARD ON ,1992
~~~IRMAN
TO:
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t-ROM:
DATE:
SUBJECT:
PRIMARY
OBJECTIVES:
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DRAf~T
Burt Saunders, Collier County Commissioner, tind
The Colli~r CQunty SuBrd of County CDmmissioners
Larry Word, Ch~irper5on
Collier County Black Affairs Advisory Board
Recommendation for thE Establishment of a Collier County Department of
Equal Opportunity
1. 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 cic[ommodations1 housing, the provision of
Collier County services, pdrticipdtion 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 1 and those below.
3. To provide a centralized vehicle 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.
~. 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 ef"fectively resolve such activities
that do occur, in a manner that reduces human and financial costs
to Collier County citizens and government.
7. To provide Technical Education and AssistanCE (TEA) 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 prQ-active objective will greatly help
potential respondents who truly desire to udo 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 matters do not ~eet the tests of those laws.
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BACKGROUND:
FINDINGS:
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B. To provide a centralized mechanism for ~~eri[ans 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 obiEctivE 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 Collief 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 opportunity and
non-discrimination in the employment practices of
governmental or private .ector employers 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 determination and resolution
of issues. Education and technical assistanCE are in scarce
existence from such agencies.
B. Collier County GOVErnment
1. Generally, there is significant under-representation of
minorities Employed by the CountYl EspEcially in non-
traditional middle and upper Echelon positions. The
applicant flow is also under-~Ep~esentativE of
minorities.
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2. Some affirmative action and equal opportunity policies
and prOCEGUreS have been or 2re being put into placE
(e.g., Department of HUffian ResourCES and the Collier
County Sheriff '!:' Department). It dOES nCot appe~r as of
this tiffie that they havE resulted in siQ~ifi[ar.t SUCCESS.
C. Private Sector Employment
While we do not havE hard data in this segment of employment,
it is a given that employment discrimination 15 0 ~i~nifi[ant
phenomenon in this nation and state. There is therefore
every feason to believe it is one of significancE in the
Collier County private SEctor, ESDEcially in light of the
absence of locally enforced laws, rapid increases in the
numbers of minorities, bad Economic times, and the 000-
e~istencE 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
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There is a County Fair Housing Ordinance which prohibits
discrimination in housing and providES for thE filing of
Hinformal complaintsu. 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 are or have been made
aware.
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IV. County Services
We are not aware of ~ny county laws or mEchanisms which are
geared to insure equality and non-discrimination, relatiVE to
genErally dEsignatEd .protectEd groups., in the delivery of
county SErviCES. FEdEral law (E.g., TitlE III of the Civil Rights
Act of 1964) requires non-discrimination in the provision 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".
V. Participation in County Programs
There appears to be an abSEnCE of 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 responsibility to insure non-discrimination and
equal opportunity relatiVE to participation in county programs.
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SUMMARY:
CONCLUSIONS:
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VI.
County Procureffi2nt of Boods a~d ServicEs
There arE no county laws Dr 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 grDups in the
procurement prOCESS. Providing trUE equal opportunity and
affirmatiVE action in this arEa has Extremely far reaching
implications beyond the priffi2ry 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 Statutej Chapter 287 requires counties to have goals for
contracting with protected group members. The use of some state
and Federal funds bring siIDil2r mandates. Failure to haVE
appropriate ffiEchanisms 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 astc-unding 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 si2eable 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
e~ist. 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, d~dicated 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 Existing
state and Federal laws and agencies that specify areas of compliance,
for which failure to achieve can mean the loss of revenues available
to the county. There are also the comprehensiVE requirement= of the
ADA~ Lastly, and hopefully Klost il'nportant to you, there is the
rEsoonsibilitv (which Each member of the Collier County Board of
County COmmissioners made great efforts to obtain) to insure equal
opportunity, non-discrimination and the Economic and social
development and well being.of all persons and groups governed by you.
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RECOMMENDATIONS:
FISCAL IMPACT:
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PrEpared By
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In every other major area of governmental conCErn Collier County has
devoteD th~ resourCES, centralized and coordinated organizational
mEchanisms and weight of county law in order to effectively address
the requirEmEnts of each area. We believE that equitable devotion to.
the conCErns addressed herein are in the bEst interest of all of
Collief County. We also beliEVE that state and Federal laws.
operationally require the actions WE reqUEst.
We recommend the immediate establishment of the Collier County
DEpartmEnt of Equal Oppor~nitt_~DEO). ThE DEO should rEport
directly to the County AJ>>:~~~~r because of the sensitive
nature of its mission and its having oversight Dr liaison
responsibility relative to most other county ag~nci~s.
Th~ role and scope of the DEO should bE to implement and/or
coordinatE the abOVE ObjectiVES and othEr activities deemed
appropriate by the Board of County Commissioners. A recomm~nded
Organizational Structure and approximate 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 obje~tive5 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 next SEveral
years. We also bel i-eve that, despite present financial
constraints, it is imperative that this activity begin
immediately. An unEducated guesstimate is that $10,000 - $15,000
pEr month may 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 is
presently in a bEttEr position to giVE cost estimates baSEd on
Attachment A.
Date
Henry C. Tribble, Member
Black Affairs Advisory Board
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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 EED and DBE activities. DBE, Disadvantaged Business EnterprisEs~
includes Minority Business EnterpriSES (MBE) and Women Business Enterprises
(WBE).
(B) = Bilingual (Spanish) capability reouired. This capability will be sought
for other ~ositions on ~n as needed basis.
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'5.
4.
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ORGANIZATIONAL PHASES
PHASE ONE - Begins with establishing DEO - End of FY92
MAJOR ACTIVITIES
STAFFING
1. Establishing OfficE and Procedures
(I) Director, DED
(2) Administrative Assistant
(3) Director, COTEA
2. Drafting OrdinanCE and Administrative
CDde
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H.
DBE Provisions
COrEA Provisions
Internal EEO Provisions
Liaison with Advisory Boards
B.
C.
O.
~. Establishing LiaisoD and Procedures with
Advisory Board(s)
4. Establishing Liaison and Procedures with
Administrative ServiCES regarding Internal
EEO
5.
Same As Above regarding DBE Programs and Disparity
Analysis
Board of County Commissioners Pass Amendments
to Ordinance
7.
TEA Needs Assessment in the Business Community
8.
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 grants).
10.
Establishing Liaison with State and Federal
Equal Opportunity Agencies
II.
Plan Training Board of County ComffiissiGnErS~
Department of Equal Opportunity Staff~ County Attorney
Staff, Administrative Services Staff, Other County
Officials, Minority CDmmu~ity Leaders,
Business Community Leaders.
12. Develop DBE Certification Application and Procedures
13. AssessioQ Present and Future Organizational Development
of the DEO.
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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 DED Brochures
4. Locating Federal and State Sources for Funding
5. Maintaining liaison with State and Federal
Equal Opportunity Agencies
b. Implementing Training (~II Phase I)
7. Developing DEO Compliance SOPs
8.
Implementing DBE Program
A. DBE Identification and Certification
B. DBE Capabili~y Assessment
C. DBE Training Regarding Collier County
Procurement PrOCEsses
D. Identification of Special DBE Procurements
E. Enhancement of DBE Capabilities
F. Identification and Removal of Barriers to
Contracting with DBEs, Where Appropriate.
G. Establishing Goals for Contracting with DBE.,
If Feasible
H. Institute DBE Goals, If Fedsible
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9. Developing Complaint Forms
A. Internal EEO
B. External EEO
c. Housing
D. Public Accommodations
10. Assessing Present and Future Organizational
Development of the DEO
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NEW STAFFING
(1) DirEctor - ComplianCE
(2) DBE Specialist
(3) Secretary - COTEAJDBE
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PHASE THREE -
MAJOR NEW ACTIVIT1ES NEW STAFFING
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"1. Determine DBE Goals for- FY (1) E>:ternal EEO Specialist
(2) Internal EEO Specialist
2. Insti tute DBE Goals for FY (3) Secretary - CompliancE
3. Explore Mentor-Protogee Program
4. Plan Second Annual County-Wide Equal
Opportunity 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 ACT1V1TIES
NEW STAFFlNG
1. Review and Refine Operations
(1) Receptionist/Clerk
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Ascertain Need for Expanded CoTEA Program
3.
Assess Present and Future Organizational
Development of the DEO
PHASE FIVE -
MAJOR NEW ACT1VITIES
NEW STAFF I NG
1. Expand COTEA, if needed
(1) COTEA Specialist -
if needed
2. Assess Present and Future Organizational
Development of the OED
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