The Fannie Lewis Law went into effect in four years ago requiring that projects with city contracts larger than $100,000 must ensure that 20% of the total work hours be performed by city residents. Council's Employment, Affirmative Action & Training Committee is now considering renewing the law, even though a federal Judge has ruled it violates federal competitive bidding laws. The director of the Cleveland's Office of Equal Opportunity, Debra Linn Talley told the committee that the city can't always enforce the law.
Debra Linn Talley: We do not impose it on contracts that use federal funds. We take into consideration that you will lose the federal funds. We monitor it and track it and the contractors basically voluntarily submit the information to us but it's not imposed as a requirement.
The city is appealing the federal rule. But members of the committee were none too pleased that the city's efforts to put residents to work was based on a voluntary effort. They quickly expanded the issue beyond the Fannie Lewis Law known as Ordinance 188, and asked about an ordinance that requires a certain number of minority and female contractors. It's called 187. Councilman Roosevelt Coates said he would like the council to pass some kind of legislation to get Clevelanders and minorities working on city projects.
Roosevelt Coates: The fact of the matter is if we don't have the ability to enforce what's already there - and there's a lot there in 187 and 188, I don't know what we're doing other than spinning our wheels.
Cleveland give preference to bids by minority owned companies that amount to up to five percent above the lowest bidder. But Director Talley explained that they can not require racial quotas.
Debra Linn Talley: What is mandated is an effort, a good faith effort and beyond that it depends on what the availability of subcontracting is in the area.
Talley says their goals are measured citywide average and some types of businesses have a lot of minority workers and some have very few. Councilman Nina Turner was not satisfied with the city simply monitoring the contractors efforts.
Nina Turner: We're going to have to come to the table and come to the consensus that we're gonna make this right for the city. It's unfair, unmoral, it's unethical, and it is not right to say the city of Cleveland - we've got to tiptoe around to provide some kind of equality for people of color and women who have paid their dues.
Councilman Zack Reed is not on the Affirmative Action Committee but he testified before them, arguing that the city should require even private sector projects employ a percentage of minorities. Reed said the city could hold up permits for projects such as those planned by the Cleveland Clinic, University Hospitals, or Steelyard Commons.
Zack Reed: That private sector job is coming to the city for a whole lot. I don't care if it's a design review. When they get the word that their project is being slowed down simply because we've looked at their project and there are no Black people working on that project, I guarantee just like in Atlanta Georgia, they're gonna start hiring Blacks, and their gonna start hiring Hispanics and their gonna start hiring Clevelanders.
Cleveland's appeal of the Fannie Lewis Law is now in the hands of the Sixth Circuit Court of Appeals. Chairman of City Council's Employment Affirmative Action and Training Committee Fannie Lewis.
Fannie Lewis: There's a war going on and someone's gonna get killed.
City Council is holding hearings about the law over the next two weeks.