HomeMy WebLinkAboutMINUTES - 09251990 - H.2 71
A
H. 2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 25 , 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Contra Costa Electric, Inc. Appeal
The Board on August 14, . 1990 continued to this date its
hearing on the appeal of Contra Costa Electric, Inc. on the denial of
Minority Business Enterprise certification to their firm.
County Counsel reviewed the appeal noting that it was based
on the denial of certification of Contra Costa Electric, Inc. as a
Minority Business Enterprise sub-contractor at the time the County
received bids for the West County Detention Facility. He noted that
the initial decision to deny preferential status was based on federal
guidelines. He noted that the guidelines had been reviewed with the
Federal Equal Employment Opportunity Commission and it agreed that its
definition of Hispanic did not include persons of Portuguese ancestry.
Contra Costa Electric then appealed that decision to the County
Administrator, who affirmed the initial decision and denied them
recognition as a bidder to be given preference as a sub-contractor.
He noted that the County' s definition of the status for preference was
"all persons having origins in Mexico, Puerto Rico, Cuba, Central or
South America, regardless of race, " which excludes Portuguese of
European descent. He advised that the County Administrator' s Office
recommends that the Board uphold its ruling, and that as noted in the
report before the Board, the County' s definition is that utilized by
other public agencies in the Greater Bay Area.
Board members discussed with staff the definitions of
Hispanic and how the guidelines have been applied in the past.
Sheila Walker, Contract Compliance Officer of. the
Affirmative Action Office, advised that the County has a uniform
policy of denying all requests by people of Portuguese descent for
MBE status.
Matthew Kammenzind, 825 Howe Road, Martinez, representing
Contra Costa Electric, Inc. declared that Henry Dias, owner of Contra
Costa Electric, is Hispanic of Portuguese origin, and was approved as
a minority business establishment in 1977 by this County. In May,
1988,. Contra Costa Electric submitted an application for
recertification, and in the County' s August 24, 1988 letter, the
application was denied because the County' s "program does not define
persons of Portuguese ancestry as Hispanic. " He read the definition
of Hispanic from Webster' s Dictionary, and the definitions used by
various other government entities in the Bay Area and those of the
state and federal governments. He urged the Board to approve the
request of Contra Costa Electric for designation as a minority .
business enterprise in Contra Costa County.
Wayne Smith, 1340 Arnold Drive, #126 . Martinez, attorney for
Contra Costa Electric, Inc. , reviewed the list of various state
agencies that have certified Contra Costa Electric as a minority
business. He urged .the Board to use the standardly accepted
definition of Hispanic, which includes Portuguese whether they are
descendents of Portugal or South America.
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Board members discussed the matter and requested additional
legal information with respect to the definition of Hispanic.
Supervisor McPeak requested additional information and moved
continuance of the matter.
County counsel advised that he would like at least two weeks
to independently verify the information presented by Contra Costa
Electric and make a report on it.
IT IS BY THE BOARD ORDERED THAT the matter is continued to
October 16 , 1990 .
hereby Wr1 ;T%- inat this is a true ano correct copy of
an action taken and entered on the minutes of the
Board of Superviso s on t e date
shown.
ATTESTED: KILL=s,•�9 y0
cc: County Administrator PHIL BATC ELOR,Clerk of the Board
County Counsel of Supervisors and County Administrator
By .Deputy