An Evaluation of Hartford Resident and Minority Hiring Requirements for Publicly Founded Projects

Prepared by: Andrea Chapdelaine·Visiting Assistant Professor of Psychology·Trinity College
Hartford, CT 06106·(860)297-2557

Prepared for: Asylum Hill Organizing Project·350 Farmington Avenue
Hartford, CT 06105·(860)249-7691

Trinity Center for Neighborhoods
190 New Britain Avenue
Hartford, CT 06106-3100
(860)297-5170
Maria Simao, Project Director
Research Project 28
May, 1997

PART I

AFFIRMATIVE ACTION GUIDELINES

FEDERAL GUIDELINES

I. Federal Construction Contracts

A. General Information

Regulatory Office:

U.S. Department of Labor
Employment Standards Administration
Office of Federal Contract Compliance Programs (OFCCP)
Wm. R. Cotter Federal Building
135 High Street, Room 311
Hartford, CT 06103

Contact:

Tracey Grous, Compliance Officer
(860) 240-4283

Contractors to Whom Guidelines Pertain:

All those companies receiving federal construction1 contracts or subcontracts in excess of $10,000.00. Upon receipt of federal construction funds, guidelines apply to all projects by the contractor and its subcontractors, including those projects not funded by federal contract.

References:

USDOL-OFCCP. Technical Assistance for Employers: Affirmative Action Requirements.
41 CFR, Part 60.

B. Objective

To provide equal opportunity employment, make effort to ensure equal opportunity employment exists, and maintain records documenting such efforts.

C. Numerical Goals

The regional minority hiring goal set by the OFCCP is that 6.9% of the total number of labor hours for the job should be completed by minorities. Ethnic/race categories included in minority status are Blacks, Hispanics, Native Americans and Alaskans.2

D. Compliance Guidelines

There are 16 EEO/AA requirements outlined by the OFCCP.3 Following is a summary of the compliance process pertinent to the hiring of minorities.

  1. After receipt of federal contract, contractors are required to notify OFCCP that they have received the contract, provide OFCCP with contact information (i.e., name, address and phone number of contractor, name of project director), the location of the work to be completed, project identification number, and the start and end date of the contract.
  2. OFCCP receives notification of all contracts awarded in their region4 and thus monitors whether or not a contractor has filed with them after receiving a federal contract. If a contractor fails to notify OFCCP, OFCCP contacts the contractor and obtains the required information.
  3. OFCCP provides information to the contractors on EEO/AA policies and goals5 and offers hands-on technical assistance to help the contractor meet EEO/AA goals.
  4. The contractor must maintain a current list of minority recruitment agencies, provide written notification to such agencies of available employment opportunities and maintain a record of the agencies' responses. Meeting these guidelines requires sending a letter to these recruitment agencies which provides notification of the employment opportunities available and the application procedures, as well as recording the responses received and number of applicants generated from each of these agencies. This procedure establishes a follow-up file for each agency notified. OFCCP maintains a list of such recruitment agencies that it makes available to the contractors.6
  5. Contractors must maintain a current file of the name, address, phone number, and skills of each minority applicant. If the applicant was not hired, reasons why the applicant was not hired also must be recorded.
  6. Contractors must provide training opportunities for minorities. These are primarily provided through the Department of Labor's Bureau of Apprenticeship and Training7 or through labor unions if the project involves union labor. Contractors should provide notification of these programs to minority recruitment agencies at least one month prior to their commencement of the application screening process. This notification should outline the openings, selection procedures and tests to be used in the selection process.
  7. Contractors must disseminate and review, at least annually, the company's EEO/AA policy with employees involved in hiring. Contractors must provide notice of their EEO/AA obligations to all unions, subcontractors and training programs, as well as in any employment advertising.
  8. Contractors must encourage present minority employees to recruit other minority persons and provide after-school or vacation employment to minority youth both on-site and in other areas of the contractors' work force. Contractors should notify area schools of such employment opportunities.
  9. Contractors must document and maintain a record of all solicitations of offers for subcontracts from minority construction contractors and suppliers. Contractors must maintain records of responses from such subcontractors and any follow-up the contractors did to obtain a bid from a minority subcontractor. All awards made to such subcontractors or reasons why the bid was not accepted also must be recorded. Contractors must notify minority business associations as well as other business associations of solicitations for bids and maintain records of such notification.

E. Monitoring of Compliance

  1. OFCCP does semi-random as well as non-random reviews of contractors. Such reviews are most often initiated as a random selection of contractors in the regional office's jurisdiction. In addition, certain contractors can be selected for review by the Regional or National Director without justification. Finally, compliance reviews can be initiated by a complaint of discrimination (by an applicant or employee), although this is a rare occurrence.
  2. A review entails the following: (a) Determination of whether or not there were hirings (companies are not required to create positions in order to meet AA goals), (b) Determination of whether or not the goals have been met (if so, review terminates and the company is designated "in compliance"). This determination is made by examination of time sheets of employees and on-site monitoring of employees (i.e., counting number of minorities present on the job site) and (c) If goals have not been met, OFCCP reviews the hiring policies in terms of good faith efforts. Determination of good faith is based on the following criteria: (1) whether contact agencies which have minority applicant pools were contacted and (2) a comparison of the pool of applicants versus those hired to assess whether qualified minorities were not hired.
  3. If failure to meet either of the above criteria is found, OFCCP deems the contractor to be in noncompliance. OFCCP then develops a conciliation agreement with the contractor which states what the contractor must do to meet compliance requirements. The contractor is usually given approximately one year to make effort to reach the terms of this agreement. During this time, they are required to submit two bi-annual progress reports to the OFCCP detailing their progress. At the end of this term, a second review is done. If the contractor meets the goals or shows evidence of good faith, the contractor is deemed in compliance. If evidence of discrimination in hiring was shown, the contractor may also be required to make back-pay settlements to the applicants or employees who were discriminated against as part of the conciliation agreement.
  4. When a contractor fails to meet the terms of the conciliation, the matter is then sent for adjudication. If the contractor fails to follow the mandates of the court, their contract with the government is terminated, as can be their eligibility for future government contracts. (Note: this is a very rare occurrence as most contractors do meet conciliation agreement requirements.)

II. HUD Grants

A. General Information

Regulatory Office:

Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development (HUD)
330 Main Street
Hartford , CT 06103

Contact:

Carl Harris, Equal Opportunity Specialist
(860) 240-4530

Contractors to Whom Guidelines Pertain:

All contractors and subcontractors performing work on a Section 3 project.
Section 3 projects are those public construction projects receiving community development assistance from HUD for which the amount of the assistance exceeds $200,000; and the contract or subcontract exceeds $100,000.

References:

Connecticut Labor Department, Office of Research. Connecticut Data for Affirmative Action Plans.
Federal Register, Vol. 59, (125). June 30, 1994 . Part VI. Department of Housing and Urban Development.
Department of Housing and Urban Development. Section 3 HUD Act of 1968: Questions and Answers on the Interim Rule.

B. Objective

Section 3 is a provision of the Housing and Urban Development Act of 1968 enacted to foster local economic development, neighborhood economic improvement and individual self-sufficiency. Section 3 requires that projects receiving direct financial assistance from HUD provide, to the greatest extent feasible, opportunities for job training and employment to Section 3 residents in the project neighborhoods. A Section 3 resident is a public housing resident, or an individual who resides in the Labor Market Area (LMA)8 of the project or a non-metropolitan county in which Section 3 assistance is expended and who is a low-income or a very low-income person.9 Note that determination of Section 3 residency status is based on income, not ethnicity. Further, to the greatest extent feasible, contracts in connection with these projects are to be awarded to local businesses or a Section 3 business concern. A section 3 business concern is a business that is at least 51% owned by Section 3 residents, or whose permanent, full-time employees include 30% Section 3 residents, or that commits to subcontract 25% or more of the dollar value of all subcontracts to a Section 3 business concern. Again, note that determination of whether a contractor qualifies as a Section 3 business concern is determined by income of owner or employees, not the ethnicity.

C. Numerical Goals

The goals for employees are 30% of all new hires on the project should be Section 3 residents. The goals for subcontract awards are that 10% of the total project construction budget be awarded to a Section 3 business concern. The numerical goals are not set-asides or quotas, they are goals that a recipient of HUD financial assistance must attempt to meet in order to demonstrate Section 3 compliance.

D. Compliance Guidelines

Each recipient has the responsibility to comply with Section 3, and ensure to the greatest extent feasible, compliance in the operations of its contractors and subcontractors. Compliance guidelines are as follows:

  1. Recipients must notify Section 3 residents about training and employment opportunities. This includes posting work notices throughout the work site where both employers and applicants can see the notices. The notices must list the number of jobs and job titles subject to hire and the availability of apprenticeship and training positions. It also must list the qualifications needed and the name and location of the person taking applications for each position.
  2. Recipients must maintain a current file of the name, address, phone number, and skills of each Section 3 applicant. Proof of income is also required to show eligibility as a Section 3 resident. Acceptable documentation includes proof of residency in a public housing development, or proof of residency in the LMA and income verification. Self-certification is acceptable if it contains a statement of penalty for falsification. The number of new hires, the name, address, race/ethnicity, age, gender, position, and salary for each new hire must be recorded.
  3. Recipients must assist and actively cooperate with the HUD Assistant Secretary in obtaining the compliance of contractors and subcontractors. This assistance and cooperation is achieved via the following guidelines. First, recipients must notify potential contractors and subcontractors of the requirements and goals of Section 3. Second, recipients must notify Section 3 businesses about upcoming contracts so that they may submit bids. The Section 3 clause should be included in all contract and subcontract documents. Third, recipients must not enter into any contracts where the recipient has notice or knowledge that the contractor has been found in violation of the regulations. Fourth, the recipient must respond to complaints made to the recipient by Section 3 residents or Section 3 business concerns that a contractor or subcontractor is not in compliance. Finally, the recipient must cooperate with HUD in obtaining compliance of contractors and subcontractors when allegations are made and supported that the contractors and subcontractors are not in compliance.
  4. Recipients must document any actions taken to comply with the guidelines. The recipient must report annual accomplishments regarding training, employment and contracting opportunities provided to low-and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968.10 Recipients must also maintain records of solicitation for bids and subcontract documents, including scope of work and contract amount.
  5. A state or county which distributes funds for Section 3 assistance to local governments must attempt to reach the numerical goals by: a) informing the local government of Section 3 requirements, b) assist the local government and their contractors in meeting Section 3 requirements, and c) monitor the performance of local governments with respect to Section 3 requirements.

E. Monitoring of Compliance

  1. If the recipient meets the numerical goals, it is deemed to be in compliance with Section 3. Such a recipient is given the designation of "safe harbor" and is not subject to routine compliance reviews.
  2. A review is most often initiated by a complaint against the recipient, or one of the recipient's contractors or subcontractors. Also, the Assistant Secretary periodically conducts Section 3 compliance reviews for selected recipients and contractors to determine whether they are in compliance. It is important to note that this review is not an on-site review, rather, it is simply a review of aforementioned records.
  3. A recipient that has not met the numerical goals has the burden of demonstrating why they could not meet the goals. Such demonstration would include a description of actions taken to hire or contract low-income and very low-income persons and obstacles encountered in the attempt to meet numerical goals.
  4. A continuing failure or refusal to comply with the regulations may result in the application of sanctions specified in the contract through which HUD assistance is provided. Debarment, suspension and denial of participation may be applied to the recipient, the contractor or the subcontractors.

STATE GUIDELINES

A. General Information

Regulatory Office:

Commission on Human Rights and Opportunities (CHRO)
21 Grand Street
Hartford, CT 06106

Contact:

Ronald M. Fletcher
Contract Compliance Supervisor
(860) 541-3408

Contractors to Whom Guidelines Pertain:

1) Contractors to which the state or any political subdivision of the state other than a municipality is a party, and 2) contractors with fifty or more employees awarded a public works contract in excess of $50,000.00 in any fiscal year.

References:

Connecticut Commission on Human Rights and Opportunities. Statutory Provisions Enforced and Administered by the Connecticut Commission on Human Rights and Opportunities.
Connecticut Commission on Human Rights and Opportunities. Affirmative Action Plan for Equal Employment Opportunity (Appendix F).
Connecticut Department of Labor, Office of Research. Connecticut Data for Affirmative Action Plans (Appendix C).

B. Objective

  1. To ensure that there will be no discrimination against any person or groups of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation or physical disability, in any manner prohibited by the laws of the United Sates or of the State of Connecticut.
  2. To ensure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation or physical disability.

C. Numerical Goals

The minority hiring goal set by the CHRO for Hartford is that 15% of the total number of labor hours for the job should be completed by minorities.11 Ethnic/race categories included in minority status are Black Americans, American Hispanics, Native Americans and Asian Pacific Americans. Women also are accorded minority status. This goal must be met for each trade utilized on the project. That is, at each trade level, 15% of the total labor hours must be completed by minority employees. Thus, this goal can not be achieved by averaging across trade levels. This stipulation helps ensure that minority employees are not over-represented in the lower trade levels and under-represented in the upper trade levels.

In addition, the state has a "set-aside" program for minority businesses. This program stipulates that 25% of the contract dollars be subcontracted to a state-certified small business. Of this percentage, 25% or 6.25% of the total contract, must be given to a state-certified minority small business. Minority-owned small businesses (MBEs) are defined as "any small contractor or supplier of materials {for which} 51% or more of the capital stock, if any, or assets of which is owned by a person or persons: 1) who are active in the daily affairs of the enterprise, 2) who have the power to direct the management and policies of the enterprise and 3) who are members of a minority."12 Such business are certified by the Department of Economic Development.13

The contractor does have the option to set its own goals but these must be based on the same or equivalent data bases as those used by the State. Using such data, the contractor must conduct an availability analysis, which estimates the total number of minorities available at each trade level in the LMA. This option is rarely chosen by the contractor, as it requires an extensive amount of work and if these numerical goals are to be accepted by the State, often they are very similar to those set by the State.

D. Compliance Guidelines

  1. Upon awarding of bid to the contractor, the contractor must submit an Affirmative Action Plan (AA Plan)14 within 60 days of award. The completion of this plan and compliance to its contents is the means by which the State guidelines, outlined below, are followed. Once the AA Plan is approved by the Contract Compliance Officer, the State awards the contractor a certificate of compliance, which is valid for two years, unless it is revoked for noncompliance.
  2. The contractor must state in all advertisements for employees that it is an "affirmative action-equal opportunity employer." Moreover, the contractor must identify and utilize agencies for the specific purpose of recruitment of minority workers,15 and notify such agencies of all employment opportunities as they occur. The contractor must maintain a record of all personnel activities and provide such records to the CHRO if requested.
  3. The contractor can only subcontract with companies who are in compliance with the State guidelines. Further, the contractor must notify such subcontractors of their obligations under these guidelines.
  4. The contractor must designate who will serve as the EEO/AA Officer for the company. This person must have enough power/status in the company that he/she can enforce EEO/AA policies.
  5. To complete the AA Plan, the contractor must review their employment procedures and policies which are used to recruit and hire employees to determine if there are any barriers to minority workers. If the contractor identifies any such barriers (which is rare), the steps that will be taken to eliminate such barriers must be stated in the AA Plan.
  6. In the AA Plan, the contractor must identify the trades to be employed on the project, the expected number of positions for each trade, and the duration of the hire. This includes all subcontracted positions as well.
  7. The contractor must provide a record of all current employees by trade and minority status. It should be noted that current employees of the contractor who will work on the project are included in the State's assessment of whether or not the company is in compliance with the AA guidelines.16
  8. The contractor must provide each labor union or representative of workers with which the contractor has a collective bargaining agreement notice of their commitments under these guidelines and to post copies of the notice in places available to employees and applicants.
  9. For the duration of the contract, the contractor must submit compliance reports on a monthly basis to the CHRO.17 These reports include records of the monthly work hour participation of all minority workers at each trade level. These must include all on-site employees.
  10. With regard to the MBEs, the contractor must try to obtain subcontractors or suppliers which are MBEs. In the AA Plan, the contractor must identify by subcontractor name and value which company or companies will be used to satisfy the MBE goals. Any company utilized to meet the MBE goals must be certified by the Department of Economic Development. Further, during the completion of the project, the contractor must document what efforts were taken to locate and solicit bids or supplies from MBEs. In addition, the contractor must assist any such subcontractors to grow and develop as a successful businesses.

E. Monitoring of Compliance

  1. If the contractor fails to develop an AA Plan, as required, they will be barred from bidding on further contracts until the plan is completed. Further, when a recipient of a public works contract does not file a plan, the State will withhold 2% of the total contract dollars each month from payment to the contractor until the contractor has developed an AA plan and the plan has been approved by the CHRO.
  2. The primary mechanism by which compliance is monitored is the monthly compliance reports. (There is no on-site monitoring of public projects receiving state funding or bonding.)18 If the monthly report indicates failure to meet State AA goals, the CHRO then determines whether the contractor has shown "good faith" effort to meet these goals. Determination of good faith is based on the following criteria: (a) hiring and subcontracting policies with regard to the recruitment of minorities and MBEs, (b) stipulation that contractor is an AA/EOE employer appears in all hiring and training advertisements, and (c) utilization of CHRO technical assistance or other activities that the CHRO may prescribe. Contractors may also be monitored for compliance if a complaint is brought against them by an employee or subcontractor.
  3. For the MBE goals, the contractor must submit a quarterly small business and minority business report on participation and payment status of MBEs.
  4. If the contractor is found by the CHRO not to be in compliance and not to have shown "good faith" to attain the State AA goals, the contractor usually then enters into a formal compliance agreement with the CHRO that is legally binding. This agreement includes a deadline for when the contractor must be in compliance as well as a series of remedial strategies the contractor must engage in to achieve compliance. The contractor can appeal the finding of noncompliance, although this is a rare occurrence.
  5. If failure to meet the deadline occurs, or the contractor is again found to be in noncompliance and again has not shown "good faith", the law allows for the assessment of the following penalties: (a) withdrawal of the certificate of compliance, (b) barred from bidding on State contracts for two years following finding of noncompliance or until the CHRO has determined the contractor has adopted policies which meet the guidelines, (c) publication of the names of contractors or unions which have been found to be in noncompliance, and (d) legal action through the Attorney General for violation of Title VII.

CITY GUIDELINES

A. General Information

Regulatory Office (1):

Housing and Community Development Department
Office of Grants Management
10 Prospect St.
Hartford, CT 06103
(860) 522-4888

Contacts:

Thomas Philips, Director (ext. 6705)
Patricia S. Buckley (ext. 6714)

Regulatory Office (2):

Office of Human Relations
550 Main Street
Hartford, CT 06103
(860) 522-4888

Contact:

Jackie Cooper, Contract/Wage Compliance Officer (ext. 6482)

Contractors to Whom Guidelines Pertain:

All public building and construction work, union or non-union, which is undertaken in the greater Hartford area. This includes all phases of construction work contracted by the City in public works, improvements and housing involving the expenditure of at least $10,000.00. It also includes projects receiving tax abatement from the city or other types of city assistance or funding.

References:

The Greater Hartford Affirmative Action Plan.
Hartford Municipal Code, Sect. 2-651-2-676.

B. Objective

To ensure equal employment opportunity for minority group persons, including women, in all phases of construction work.

C. Numerical Goals

The city of Hartford has established three affirmative action goals: 1) 15% of labor hours to be completed by minorities, 2) 30% of labor hours to be completed by Hartford residents,19 and 3) 15% of the contract dollar value is to be awarded to minority or female businesses (MBEs).

Ethnic/race categories included in minority status are Alaskan Native or American Indian, Asian or Pacific Islander, Black and Hispanic. Women are also accorded minority status. Goals for labor hours, both with regard to minorities and residents, can be achieved by pooling of the employees of some or all contractors and subcontractors together, such that the total project labor hours include 15% minority employees. Similar to the State guidelines, the minority participation goal must be met at each trade level (including management) to ensure that minority employees are not over-represented in the lower trade levels and under-represented in the upper trade levels.

MBEs are defined as a business which has been in existence for one year and of which 51% or more of the capital stock or assets are owned by a minority. In addition, a substantial portion of the minority owner's time must be spent on the operation of the MBE. Such businesses are certified by the EEO/MBE Officer in the Commission on Human Relations Department in the City of Hartford (currently Gerardo Wenger) MBE.20

The aforementioned goals are defined as minimum participatory goals. For any project, the City Manager or his or her designee, in consultation with a) the general contractor, contractors, and subcontractors, b) any participating unions, and c) representatives of minorities in the construction field can set higher goals for minority participation, numerical goals for the employment of Hartford residents and utilization of MBEs.

D. Compliance Guidelines

  1. The general contractor must meet with City representatives to establish goals for the project. In this meeting, employment statistics for the various positions needed for the job are reviewed and goals for the project are set accordingly. This usually results in goals higher than the minimum set by the City but can result in goals lower than the minimum if employment statistics indicate that these goals are unrealistic for a particular position or trade. Also, at this meeting, the City informs the general contractor of his or her responsibilities with regard to affirmative action, and that such responsibilities include the monitoring of all subcontractors for their compliance to the City guidelines. Statement of what these responsibilities entail are to be included in all subcontracts. The general contractor is asked to submit the names of subcontractors he or she plans to utilize on the project and the dollar value to be awarded to each. This list is compared to the list of certified MBEs to determine whether the general contractor is meeting the MBE numerical goals.
  2. The general contractor must keep records of applications received from minorities, including their name, address, age, craft in which the applicant sought to be registered, and whether or not the applicant was hired. The general contractor and any subcontractors must maintain and submit to the Contract/Wage Compliance Officer in the Office of Human Relations written monthly reports demonstrating compliance with the goals. These reports include the number of hours worked be a minority at each trade level.
  3. Unions involved in the project must maintain a roster of the names and job classifications of all persons who are union members, trainees in union training programs, or who utilize the placement facilities of its union hall. This roster must be updated monthly.
  4. The contractor must provide on-site training to applicants who are judged to require one year or less of training to qualify as a journeymen for that trade or to obtain a license for that trade (if required). Applicants who possess the required experience or who meet the established qualifications for apprenticeship programs shall be admitted into a registered apprenticeship program for that trade.
  5. Any journeymen applicants who are hired must be given the opportunity for full union membership and must receive wages and fringe benefits applicable to journeymen.
  6. Wages are to be set as prescribed by the Connecticut Labor Department or U.S. Department of Labor (i.e., Davis Bacon wages).
  7. For the MBE goals, the general contractor must inform associations and consortia of minority contractors of known bid specifications well in advance of the closing date for bid submission, actively recruit consortia of MBEs, limit the size and dollar volume of subcontracts to allow MBEs to compete for said contracts and provide assistance to MBEs both prior to and during the completion of the project.

E. Monitoring of Compliance

  1. The Office of Contract/Wage Compliance in the Office of Human Relations conducts on-site monitoring off all public construction projects in the Greater Hartford area. In addition, the general contractor, on behalf of its employees and all subcontractors, must submit a monthly report which documents labor hours completed by minorities and dollar value of subcontracts awarded to MBEs to a Contract/Wage Compliance Officer.
  2. The Greater Hartford Affirmative Action Plan21 authorizes representatives of minority workers in construction to conduct on-site inspections of projects at reasonable times to insure that goals are being met.
  3. If there is a finding of noncompliance either as a result of the labor reports or on-site monitoring, the general contractor is given a deadline by which time he or she must be in compliance. If the general contractor is still not in compliance at the end of this time period, the city will withhold payment until the guidelines are met or renegotiated.

PART II

EVALUATION OF GUIDELINES

There were three criteria upon which the affirmative action guidelines were evaluated: 1) strength of the numerical goals, 2) clarity and specificity of the guidelines, and 3) adequacy of compliance monitoring and enforcement.

I. Goal Strength

A. Employment of Minorities

The strongest goals for the hiring of minorities are those set by the City of Hartford. First, they set the highest percentage (i.e., 15%) of total labor hours that should be completed by minorities. Second, they set the highest percentage (i.e., 15%) of the contract dollar value that should be awarded to MBEs. This stipulation has been shown to increase employment of minorities on the project, since MBE's are owned by a minority and usually have a higher representation of minority employees than does a non minority-owned business.22 Third, the city goals stipulate that the contractor must provide training and advancement opportunities to minority employees who have been hired, which should lead to more long-term and better job opportunities for the employees.23 The State goals are second in strength. As with the City, the State stipulates 15% of the project labor hours should be completed by minorities, and also has a MBE goal. However, the State MBE goal is only 6.25% MBEs, as opposed to the 15% goal set by the City. The federal guidelines are by far the weakest in terms of hiring minorities, such that the goal is 6.9% of total labor hours should be completed by minorities. This is due to the fact that the federal guidelines are based on a much larger geographic region, specifically, all of the New England States. Thus, the numerical goals must be realistic for all projects within that geographical region (e.g., northern Vermont as well as Hartford).

B. Employment of Hartford Residents

The city provides the strongest goals for the hiring of Hartford residents. Specifically, 30% of the total labor hours on all public works projects in the greater Hartford area should be completed by Hartford residents. Both the guidelines for the State and federal construction contracts have no numerical goals for the hiring of Hartford residents. Such a stipulation would be illegal as it would deny equal access to publicly-funded job opportunities to all constituents of those respective governmental bodies. The Federal HUD guidelines also have numerical goals which should result in the hiring of Hartford residents. Specifically, 30% of all new hires should be Section 3 persons who reside in the LMA of the project. However, the LMA extends beyond the Hartford borders,24 decreasing the impact of this goal on the hiring of Hartford residents.

II. Clarity of Guidelines

A. Jurisdiction of Guidelines

A significant ambiguity exists in the AA guidelines at the State and City level with regard to which projects fall under the province of these guidelines. All State and City departments and agencies, and all public works contracts are subject to the guidelines. In addition, all construction projects receiving State funding or bonding (e.g., Veeder Root) are subject to the nondiscrimination statutes (i.e., that discrimination in hiring is illegal). However, the State statute specifying specific AA guidelines is unclear in terms of whether it also applies to private economic development projects. The guidelines under question include: a) notification to CHRO by the contractor that they have received state funding or bonding, b) filing of an AA Plan by the contractor with CHRO, and c) submission of monthly compliance reports to the CHRO for review. Also unclear is whether such contractors are subject to the penalties for noncompliance. The current contract compliance supervisor, Ronald M. Fletcher, who is relatively new to the position, is working to ensure that these guidelines apply to all such projects. (Such an extension of this statute would include Veeder Root.)

The same jurisdiction confusion exists at the City level. Specifically, for all projects receiving city funding, bonding, or tax abatement, it is not clear whether such projects must attempt to meet the numerical goals set by the city, submit monthly compliance reports, or are subject to on-site monitoring. Jackie Cooper, a Contract/wage Compliance Officer in the Office of Human Relations, is currently researching this question with regard to Veeder Root.

B. The Compliance Process

The most detailed guidelines with regard to how to comply with the AA guidelines are the Federal guidelines, especially with regard to the construction contracts. Moreover, there appears to be ample technical assistance available at the OFCCP for contractors who are trying to meet the goals, in terms of developing a plan for hiring, recruitment of minorities, and providing training opportunities for minority employees. Such technical assistance also is available at the State level, although to a lesser degree. The only technical assistance that the Office of Human Relations of the City of Hartford offers is to provide the general contractors with the list of certified MBEs. However, the Office of Grants Management appears to do more technical assistance, in terms of helping the contractor develop a plan for hiring, providing them with a list of minority recruitment agencies and monitoring subcontractors' compliance.

C. Determination of Minority and Residency Status

None of the guidelines stipulate how the general contractor or subcontractor verifies that an applicant is of minority status or a resident of Hartford, CT. Based on interviews I conducted with Federal, State and City compliance officers, minority status solely is determined by the applicant's own designation of his or her status with respect to race or ethnicity. In other words, if the applicant states that he or she is a minority, that statement is accepted as veridical and the person is designated as a minority applicant. Therefore, it is possible that one could claim minority status without being questioned. However, since race or ethnicity is a highly subjective categorization, I do not believe there exists a more appropriate way to determine minority status.

With regard to establishing that the applicant is a resident of Hartford, I spoke with Tom Philips and Pat Buckley in Grants Management regarding how the City ensures that an applicant is a Hartford resident. First, some type of documentation is requested, such as a licence, bill, bank checks or other similar documents bearing the applicant's name and Hartford address. If the applicant has received, or is currently receiving public assistance, the agency is contacted to verify residence. Second, although not in all cases, a postcard is mailed to the residence addressed to the applicant. If the card is not returned by the post office as undeliverable, then it is assumed that the applicant does reside at that address. Tom and Pat both acknowledged that the system is not foolproof and could be abused. On some projects, the city has withheld payment to the contractor, who in turn have withheld wages until the proper documentation is produced. Despite this stringent penalty, in some instances the documentation was still not produced. Tom and Pat discussed some reasons why it is difficult to enforce this guideline. Applicants' current residences may be temporary, applicants may be residing in multiple family residences ( thus, they do not own the residence or their name is not on the lease), or their residential situation may be in violation of public assistance stipulations. Thus, applicants may find it difficult or be reluctant to verify residential status, even when they are Hartford residents. Given these reasons, rigid enforcement of the residency guidelines may in fact be counterproductive to the purpose of the residency goals (i.e., to hire Hartford residents who might not otherwise be hired). Further, at some point, it becomes cost ineffective to pursue this verification of residency, since budgets for such economic development projects are limited and could be better expended on the project itself.

D. Good Faith

If a contractor does not meet the numerical goals, then a determination is made as to whether the contractor acted in "good faith" to meet the goals. This term's ambiguity allows for subjectivity in determining whether or not a contractor has really tried to meet the AA numerical goals. However, at least at the federal and state level, the guidelines are fairly clear on the criteria necessary to show good faith (see p. 5 & 13). Thus, the term is not as ambiguous as it may first seem. Further, failure to comply leads to an investigation of good faith, which can be a very intrusive and disruptive process for the contractor. Moreover, if a lack of good faith and thus a finding of noncompliance is made, the contractor can incur severe penalties, including the loss of the current contract and future contracts. Given these penalties, contractors do seem, for the most part, to strive to meet the affirmative action goals.

III. Adequacy of Compliance Monitoring

For all types of funding, the guidelines require monthly reporting by the general contractor (including all subcontractors) of the labor hours completed on the job by minority and nonminority employees (notwithstanding the aforementioned ambiguity of the State and City guidelines). For the City guidelines, the contractor must submit information on the percent of employees who are Hartford residents. For MBE goals, the contractor must submit documentation of the amount of total contract dollars awarded to MBE's. The primary drawback to this system is that it depends on the honesty of the general contractor completing the reports. Of course, there are penalties associated with falsifying such reports, including suspension of contract and legal action. However, without verification by the governmental agency of the veracity of the reports, it is not likely that such falsification would be discovered.

Given this, on-site monitoring is critical to the enforcement of the guidelines. On-site monitoring occurs via a designated compliance officer appearing unexpectedly at the project site, and then conducting a head count and name verification of the employees present at the site. At the Federal level, on-site monitoring is performed on a semi-regular basis. Further, any contractor who has been designated as not in compliance on previous reviews is monitored on a regular basis. Currently, at the State level, there is no on-site monitoring of private economic development projects receiving State funding or bonding (such as Veeder Root). As aforementioned, Ron Fletcher is determined to have such projects monitored. At the City level, on-site monitoring is conducted by the contract compliance office in the Office of Human Relations. Again, however, it is not clear if this monitoring applies to non-public works projects, such as Veeder Root.

IV. EMPIRICAL EVIDENCE OF COMPLIANCE

Data on the effectiveness of the City MBE goals was obtained from a 1993 report.25 A few pertinent findings were as follows:

  1. The data showed that goals for MBEs and minority participation were met and often exceeded on the majority of economic develop projects in Hartford. Below are data excerpted from the report which summarizes the MBE utilization percentages on the ten (10) largest construction projects in Hartford from 1981 to 1993: City Place II (14.5%), Aetna Capitol Ave. (17.3%), One State Street (6.5%), Commercial Plaza (11.4%), Connecticut Plaza (6.9%), Aetna Trng. Fac. (19.4%), City Place 1 (6.9%), State House Square (9.9%), Park Place Towers (22.6%), Aetna Reality Bldg. (14.5%).

    As can be seen by this data, the majority of these projects met or exceeded the MBE goals (10% at the time). However, the report indicates that this was often only with "vigorous implementation" by the City.

  2. The Office of Human Relations monitored 29 City projects (both public and private). Overall, these projects had an average minority participation rate of approximately 28.05%. Thus, as a whole, these projects showed full compliance with the minority participation goals (i.e., 15%).
  3. Thus, it does appear that with adequate monitoring by the City, these goals are not only met but often exceeded. However, the report also concluded that despite these compliance records, there does exist a disparity between available and qualified MBEs and the actual contract dollars awarded to MBEs. In other words, although goals are being met, more could be done to increase the utilization of MBEs and the minority participation rate on these projects.

V. SUMMARY

My overall assessment of these guidelines is that the numerical goals are met in the majority of projects. Despite this assertion, I believe that the impact of these guidelines on the hiring of minorities and Hartford residents is limited. This evaluation is largely based on the following four factors:

  1. The nature of construction work is a critical factor that must be considered when assessing the impact of these numerical goals on the hiring of minorities and Hartford residents to construction projects. First, they require highly skilled tradespersons. Second, the number of new persons hired for a job is often limited. Contractors usually have a core crew that will fulfill a significant number of the positions on the site, especially if it is a union job. Such persons may be counted toward meeting AA guidelines. Also, new hires on a project are not required to meet AA guidelines. Third, construction jobs are, by definition, temporary. Often, these jobs do not even last the duration necessary to provide the training required to become a skilled laborer in the trade for which a person was hired.
  2. For all of these guidelines, the numerical goals are not quotas or set-asides, which are illegal. That is, they are simply goals that the contractor must try to meet, but is not required to meet. Thus, if the contractor can demonstrate good faith, then the contractor will be deemed in compliance, regardless of the actual percentage of minorities or residents hired or the percent of contract dollar value awarded to MBEs.
  3. There is a lack of adequate monitoring and enforcement by the governing agencies to ensure that the goals are being met. Although prima facie evidence (e.g., percentage of minority hires exceeding goals) may indicate that a contractor is meeting goals, such evidence may mask a perpetuation of a construction industry dominated by White males. For example, it may be that an MBE is owned by a White female in name only, such that her husband, a White male, is the true owner of the company.
  4. For many positions, there is a lack of a large pool of qualified minorities or Hartford residents. Additionally, for many specialty trades, there are no MBEs in that trade area. This state of affairs often forces the governmental agency to waive the goals so that the contractor can complete the project with the only available subcontractors or applicants (i.e., White males).

PART III

APPLICATION TO VEEDER ROOT PLACE PROJECT

I. OVERVIEW OF PROJECT

Developer:

MJB Corporation
Reverend Thomas J. Barry, President
1 Union Place
Hartford, CT 06105

MJB Mission Statement:26

  • stimulate job creation and economic development for disadvantaged individuals in the City of Hartford
  • provide a supportive environment for disadvantaged individuals open to significant personal and family growth and educational opportunity
  • stabilization of the financial and social base for the local neighborhood
  • a financially efficient reclamation of vacant abandoned buildings and other properties in economically depressed areas of the City of Hartford

Commitment to Employees and Job Projections:27

MJB seeks a stable group of employers who in turn will develop competent minority employees who are goal motivated and well trained. Commitment of space will be given to agencies providing supportive services for continuing education, for personal growth and work satisfaction in conjunction with employers.

Over the course of the construction phase of the Veeder Place Project, MJB estimates that between 140 and 150 construction trades people will be employed. MJB, in conjunction with their general contractors (Enterprise Builders and AEG) has emphasized the utilization of Hartford subcontractors and other area subcontractors with a history of high Hartford resident employment. Subcontractors will be selected based on price versus budget, qualifications and Hartford resident employment commitment.

MJB plans to host a Job Fair approximately one month prior to the start of construction (currently estimated to begin in the Fall of 1997). Neighborhood and Hartford residents will be invited to the Fair to fill out job applications. These applications will be matched with potential subcontractors. Through their efforts, MJB hopes to achieve 50% Hartford resident employment, or 70 to 75 tradesperson construction jobs. Of these, it is expected that 15 will be new, entry-level apprenticeship positions. Apprenticeship positions typically afford individuals entry into the construction industry and an opportunity to learn skills necessary for future employment.

II. AFFIRMATIVE ACTION GUIDELINES FOR THE VEEDER ROOT PLACE PROJECT

MJB entered into two agreements with the City of Hartford. The Office of Grant Management is the acting supervisor of this project for the City. The first of these agreements applies to pre-development expenses (e.g., site design, MJB salary, professional services). Although not applicable to the hiring of minority and Hartford residents during the construction phase of the project, it should be noted that in the first agreement, MJB agreed to place emphasis on the utilization of Hartford businesses for these pre-development expenses. The second agreement28 applies to construction expenses. This agreement states that the project is subject to both Federal and State AA guidelines.29 Following is specific numerical goals and guidelines set forth by this second agreement.

A. Numerical Goals

The agreement does not set specific goals for the hiring of minority employees or Hartford residents. However, both receive priority according to the agreement. First, as stipulated by the HUD guidelines MJB will provide, to the greatest extent feasible, opportunities for training and employment to lower income residents of the project area. Second, MJB agrees to be an EOE employer, and shall not discriminate against any employee or applicant because of race or ethnicity. Third, MJB agrees to give first priority to Hartford residents.30

For MBEs, the agreement states that emphasis shall be placed on soliciting bids from and making awards to local and minority subcontractors, and those who provide equal employment opportunity. Specifically, MJB will attempt to award at least 50%, but no less than 20%, of all contracts to minority subcontractors and those who provide equal employment opportunity. Women business enterprises were excluded from this statement for aforementioned reasons (see p. 26), although this does not mean that all such businesses will be automatically excluded from the project. The clause "and those who provide equal employment opportunity" was included in case it is impossible to obtain the 20% due to a lack of availability of MBEs in certain trades (see p. 26). In addition, the HUD guidelines state that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

B. Guidelines

  1. MJB is responsible for ensuring that all subcontractors are in compliance with the guidelines. MJB must notify the City of any subcontracts they award and they must include all terms stipulated in the agreement in the subcontracts. MJB will not subcontract to any subcontractor if the latter has been found in violation of AA guidelines or Title VII.
  2. MJB and all subcontractors will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice of their AA obligations which shall be posted in places available to employees and applicants for employment or training. (MJB has stated that the project will be a non-union job.)
  3. MJB agrees to list all employment openings with the Connecticut Employment Service.
  4. MJB agrees to participate in the Department of Labor's Subsidized Transitional Employment program (STEP). This program allows the Department of Labor to offer wage subsidies to MJB if they hire and/or train job-ready clients from the General Assistance Program. To comply with this guideline, MJB must give full and fair consideration to all referred STEP participants.
  5. MJB will be evaluated for compliance based on the percentage of minority and Hartford residents employed on the project and the percent of contract dollar value awarded to MBEs. Demonstration of good faith will be shown by MJB's employment and subcontracting policies, affirmative action advertising, recruitment and training and technical assistance efforts that the City may prescribe to ensure the participation of MBEs.
  6. MJB must submit routine reports to the Office of Grants management detailing the hiring of residents and minorities and utilization of MBEs on the project. In addition, on-site monitoring will be conducted by Enterprise Builders and AEG.
  7. Failure to comply to the terms of the agreement could result in suspension of payment by the city, termination of agreement, or legal action.

C. Agreement with the Urban League of Greater Hartford

In order to facilitate MJB's goals to provide employment opportunities for local residents, MJB entered into an agreement with the Urban League of Greater Hartford.31 Alvin K. Bingham,32 a contract compliance officer employed by the Urban League, is primarily responsible for the implementation of the agreement terms. This implementation will include the following:

  • bid specifications will be available at the Urban League office for subcontractors to borrow free of charge in order to develop a bid.
  • Al Bingham will interview and screen potential subcontractors for their ability to fulfill the contractual obligations. This includes obtaining information on crew size, experience, and company assets. Such information will be utilized to determine whether the subcontractor should submit a bid.
  • provide assistance to MBEs or Hartford subcontractors in securing bonding (an obstacle for most small businesses). In conjunction with Surety Business Enterprises, subcontractors will receive technical assistance throughout the bonding process.
  • assist in the organization of the planned Job Fair and help subcontractors identify qualified applicants.
  • Al Bingham will meet with MJB, Enterprise Builders, AEG and subcontractors to outline the responsibilities of the subcontractor with regard to hiring minorities and Hartford residents, as well as providing training for such employees.
  • Provide support and assistance to subcontractors to ensure fulfillment of their contractual obligations with MJB.

III. EVALUATION

MJB clearly is committed to the overall mission of the Veeder Root Place Project to provide employment opportunities to residents of the project area. During the demolition phase of the project, 52.5% of those hired were Hartford residents and 33% were minorities. With regard to MBEs during the pre-development phase of the project, the businesses hired by MJB, including legal services, engineering and accounting, were either Hartford businesses or MBEs. During the construction phase of the project, MJB plans to include numerical goals with regard to the hiring of minorities and Hartford residents in the terms of the subcontracts. These goals will be in addition to the numerical goals set for MBEs , as stipulated in the agreement with the City of Hartford.

MJB is taking a "team approach" to hiring, such that they are trying to hire persons who would serve as apprentices to trained and/or licenced tradespersons. This will enable acquisition of trade skills by the employees which are necessary to become licenced tradespersons. In the demolition phase of the project, MJB paid for new employees to participate in a State training program which certifies workers for asbestos removal. Eight persons successfully completed the program. MJB plans to continue such training/apprenticeship programs throughout the construction phase of the project. Specifically, providing such training opportunities will be incorporated into the terms of the subcontracts.

At the current time, MJB is securing leases for Veeder Root Place. MJB is committed to renting to small, Hartford and minority businesses that are in turn committed to hiring residents of the project area. Unfortunately, this commitment has been a stumbling block for project funding, since such clients are considered high risk by traditional funding agencies. Despite this obstacle, MJB has not changed its mission in terms of potential lessees.

Finally, both the Office of Grants Management and MJB see Veeder Root Place Project as part of a larger revitalization project in the Tri-Neighborhood area. The City has secured and is applying for grants to rehabilitate housing surrounding Veeder Root and for the re-alignment of the Homestead Avenue corridor. In the near future, the Office of Grants Management will be conducting a regional market analysis of the Tri-Neighborhood Area. This project will identify and evaluate economic development options in the area, funding for such programs and potential targets for industry. Second, a job creation strategy for the hiring of residents of the Tri-neighborhood area will be developed. This strategy will include job-preparedness training, providing access to jobs and development of career ladder opportunities in conjunction with employers.

PART IV

SUMMARY RECOMMENDATIONS FOR ASYLUM HILL ECONOMIC DEVELOPMENT

Following are some specific recommendations to facilitate the employment of Asylum Hill residents at the Veeder Root Place Project.

1. Invite Al Bingham, Father Barry, and other members of MJB to speak at an AHED/AHOP meeting.

2. Serve as a recruitment agency for MJB in the recruitment of employees.

3. Identify any neighborhood MBEs that may be able to secure project subcontracts. Provide a list of such MBEs to MJB and Al Bingham.

4. Identify what positions will be available in which trades and the requisite qualifications for these positions (MJB has this information available).

5. Identify residents whose skills qualify them for available positions.

6. Prepare residents to be qualified for available positions. This includes enrollment in training programs,33 and offering job-readiness training34 (e.g., resume-writing, interview skills, handling work responsibilities)

7. Assist residents in acquiring the documentation necessary to verify residency status.

8. Provide a list of residents who are qualified for positions to MJB and Al Bingham.

9. Advertise and attend the Job Fair.

10.Pursue clarification of jurisdiction of guidelines both at the State and City level.

TRAINING PROGRAMS

Office:
Capital Region Workforce Development Board
99 Pratt Street
Hartford, CT. 06103

Contact Person:
Ruth Howell, Training Service Coordinator
(860) 522-1111

  1. Capital Region Career Services Phone: (860) 522-6550 offers free programs for economically disadvantaged men and women in a variety of areas (e.g., clerical training, culinary arts, janitorial training, food service training). Enclosed list has names of contact persons for each program.
  2. Approved Vendors - list of vendors who can provide voucher training. Free for eligible dislocated workers. Contact Ruth Howell for more information regarding these classes.
  3. Comprehensive Training List - lists all the opportunities available to Hartford residents. Some of these programs are not free. You must qualify for eligibility.
  4. Vocational-Technical School System Program Offerings - specifically designed for adult education and apprenticeship courses. Contacts for vocational -technical schools are listed. To obtain more information about Vocational-Technical Schools, contact the school directly. Programs typically are one-year programs and classes usually meet from 8:15 - 1:45, Monday - Friday. Fees vary between schools. Training for job placement is taught and individuals often are placed before they graduate.
  5. Hartford CETO Program - free for women who are eligible. Refer to categories to determine eligibility. Refer to listing for more information.
  6. Adult Education Department - offers GED, ESL and Citizenship classes for free. For more information regarding classes in the Hartford area, call (860) 722-8830.
  7. U.S. Department of Labor Apprenticeship Programs - contact the U.S. Department of Labor, Federal Building, 135 High Street, Room 367, Hartford, CT, 06103. (860) 240-4311. See brochure for further information.

JOB PLACEMENT PROGRAMS

Connecticut Works/Connecticut Department of Labor

Location:
3580 Main Street
Hartford, CT. 06120

Contact Person:
Lorna Davis, (860) 566-5790

Connecticut Works is one of seven centers in Connecticut that provides assistance to all individuals looking for a job. All construction projects receiving federal funding are required to list available position with Connecticut Works. Listed below are some of the sources individuals can use when trying to obtain employment and training at Connecticut Works:

Talent Bank (see attached America's Talent Bank) - A site on the World Wide Web where individuals can enter and store their resumes. Employers who have Department of Labor approval will use their computers to access qualified applicants.

Connecticut's Job Bank - lists current openings throughout the country. Many employers list openings and general hiring information directly with America's Job Bank. The Job Bank can be accessed on the premises.

Job Search Workshops - see attached list.

Career Center - includes access to telephones (any state), computers, Fax machines and a message service.

The following appendices are available from the Trinity Center for Neighborhoods upon request.

APPENDIX A

U.S. Department of Labor Office of Contract Compliance Technical Assistance for Employers: Affirmative Action Requirements

APPENDIX B

Recruitment Agencies in The Hartford Area Listed With The U.s. Office of Contract Compliance or Connecticut Commission on Human Rights and Opportunities 1. Urban League of Greater Hartford 2. Hartford HRC 3. La Casa 4. CRT (Community Renewal Team) 5. The Inquirer 6. NE Minority News 7. B.L.A.C.

APPENDIX C

Connecticut Department of Labor Office of Research Connecticut Data for Affirmative Action Plans

APPENDIX D U.S.

Department of Housing and Urban Development Affirmative Action Compliance Report

APPENDIX E

Connecticut Department of Labor State-certified Minority-owned Small Businesses

APPENDIX F

Connecticut Commission on Human Rights And Opportunities Affirmative Action Plan for Equal Opportunity Employment

APPENDIX G

City of Hartford Commission on Human Relations Application for Certification of Minority/woman Businesses And City-certified Minority/woman Businesses

APPENDIX H

MJB MISSION STATEMENT AND JOB Projections For the Veeder Root Place Project

APPENDIX I

Grant Agreement Between Mjb And The City of Hartford For the Veeder Root Place Project

APPENDIX J

Mjb Letter of Agreement With The Urban League of Greater Hartford(draft Copy)

1 Nonconstruction contracts (e.g., service or product contracts) fall under a different set of regulations, although the goals and requirements are similar. Nonconstruction contracts in excess of $50,000.00 to companies with 50 or more employees are required to file an annual EEO report with the OFCCP.

2 Goals also exist for U. S. Veterans, Persons with Disabilities, and females.

3 See Appendix A, USDOL-OFCCP "Technical Assistance for Employers: Affirmative Action Requirements"

4 This information is published as the Dodge Report, which is published by the Office of CRA, University of Tennessee.

5 Specifically, contractors are given Appendix A.

6 See Appendix B for a list of minority recruitment agencies.

7 See separate report on Training Programs.

8 See Appendix C, "Connecticut Data for Affirmative Action Plans" for a list of towns comprising the Hartford LMA.

9 Low-income and very low-income covers families (including single persons) whose incomes do not exceed 80% and 50%, respectively, of the median income for the area. Median income is determined by HUD and adjustments are made for family size and construction costs. Median income information for Hartford is available from HUD.

10 See Appendix D, HUD Compliance Form.

11 See Appendix C, "Connecticut Data for Affirmative Action Plans" for these statistics.

12 See Appendix C, "Connecticut Data for Affirmative Action Plans" for these statistics.

13 See Appendix E for a current listing of state-certified small businesses.

14 See Appendix F, "Affirmative Action Plan for EOE"

15 See Appendix B for a list of minority recruitment agencies.

16 The fact that these guidelines apply to union agreements is an important step since, until recently, union commitments superseded AA guidelines and often resulted in minority hiring discrimination. Moreover, the CHRO may obtain from the contractor information regarding the union's practices and policies which may negatively impact on the contractor's ability to comply with the guidelines.

17 See Appendix F, "Affirmative Acton Plan for Equal Opportunity Employment," p. 26.

18 See Appendix F, "Affirmative Acton Plan for Equal Opportunity Employment," p. 26.

19 This numerical goal only applies to public works contracts.

20 This numerical goal only applies to public works contracts.

21 Available from the City of Hartford Office of Human Relations.

22 The Hartford Mission: Rethinking Minority and Women Business Strategies.

23 The Hartford Mission: Rethinking Minority and Women Business Strategies.

24 See Appendix C, "Connecticut Data for Affirmative Action Plans" for a list of towns comprising the Hartford LMA.

25 The Hartford Mission: Rethinking Minority and Women Business Strategies. Henderson, Hyman & Howard Associates, 1993.

26 See Appendix H, MJB Mission Statement and Job Projections for Veeder Root Place Project.

27 See Appendix H, MJB Mission Statement and Job Projections for Veeder Root Place Project.

28 See Appendix H, MJB Mission Statement and Job Projections for Veeder Root Place Project.

29 City funding was excluded from this second agreement in order to allow MJB to waive Davis Bacon wages for the project. As aforementioned, the City funding requires that workers be paid according to rates established by the Connecticut Labor Department or U. S. Department of Labor (i.e., Davis Bacon wages). The agreement stipulates that laborers and mechanics be paid at least 70% of the Davis Bacon wage rates, rather than the full amount. In an amendment to the agreement, this term has been changed such that MJB must now require its contractors and their subcontractors to pay workers classified as building laborers a minimum of $16.00 an hour, inclusive of any benefits offered. The reason for this change, as stated in the amendment, was "the need to keep projects costs to a minimum and facilitate the team approach for hiring tradesmen." See Appendix I, "RE: Prevailing Wage Requirements for Veeder Place Project."

30 According to Jim Crocker (member of MJB Board), numerical goals were excluded from the agreement under the advisement of the City (specifically the Office of Grants Management). The reason for this exclusion was a concern that by stating specific numerical goals, then subcontractors may only attempt to reach those minimum goals and no more. In addition, this exclusion allows some flexibility in the stipulations set by MJB for subcontractors, such that higher (or lower if necessary, although this is not the primary intent) may be set for those trades where statistics indicate a high rate of minority or resident participation is attainable.

31 See Appendix I, "Letter of Agreement Between the Urban League of Greater Hartford and the MJB Corporation." Note that this letter is a draft and therefore is not a formal agreement as of the date of this report.

32 Alvin K. Bingham, Contract Compliance Officer, Urban League of Greater Hartford, 1229 Albany Avenue, Hartford, CT 06112-2187. Phone (860) 520-1159.

33 I have attached a separate report on available training programs by Kim Tarallo.

34 The United Way offers free training workshops for job-readiness. They will conduct this workshop at AHOP.