Ed FitzGerald proposes minority contracting program, his last major initiative as Cuyahoga County executive

Cuyahoga County headquarters

Cuyahoga County Executive Ed FItzGerald is expected to introduce legislation that would resurrect the county's minority contracting program.

(Thomas Ondrey Thomas Ondrey)

CLEVELAND, Ohio -- Cuyahoga County Executive Ed FitzGerald has proposed resurrecting the county's minority and woman-owned contracting program, a move his office bills as the last major proposal of his tenure as the county's top elected official.

FitzGerald on Tuesday evening introduced legislation, co-sponsored by county councilman Pernel Jones, to create "aspirational goals" to hire companies owned by minorities and women for county work, as well as quotas for giving contracts to  small businesses, according to council's agenda.

The proposal also would create other new contracting rules, including requiring the county to study the impact a project would have on community health before starting the job.

The proposal follows the recent completion of a $250,000 study that concluded minority-owned businesses in Cuyahoga County face barriers in being hired for county jobs. The county hired two Atlanta-based consultants, EuQuant and Griffin & Strong, to perform the study last year. So-called "disparity studies" are legally required under a 1989 ruling from the U.S. Supreme Court that struck down minority quotas in contracting.

Minority business owners told researchers the county engages in a "good-old-boys" system that limits contracting opportunities. Researchers also reported a "pervasive feeling that the use and requirement of unions on many projects prohibits minority participation due to accusations of discrimination within the union ranks."

Jones, who chairs the county's public works committee, said the legislation will be the subject of public hearings in the coming weeks before being put to a vote.

"The big picture is this gives us the opportunity and tools to strengthen our ability to contract locally, and that's with every segment of the community regardless of color," Jones said.

FitzGerald told council during Tuesday's meeting that the program was years in the making, and he wanted to make sure it was introduced before he leaves office.

"We have made some incredible progress when it comes to development in the City of Cleveland and greater Cleveland in terms of economic development funds and programs, but all of that will be for naught if it's not felt in the community in an equitable, just and fair way," FitzGerald said.

The county has not had a race and gender-based contracting program since 2000. The county repealed its Equal Economic Opportunity Program, which had been in place since 1993, shortly after after a jilted contractor sued, saying the county's policies were discriminatory.

The county last performed a disparity study in 2002, which resulted in a small-business contracting program, which still exists today, but not a race- or gender-based program. Generally, the studies must be performed every five years for them to withstand legal scrutiny.

FitzGerald will leave office in January after opting to run for governor, which turned out to be unsuccessful, rather than seek re-election.

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