§ 12D.2-6. ADDITIONAL FINDINGS SUPPORTING A TWO-MONTH EXTENSION OF MBE/WBE/LBE ORDINANCE.  


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  • In light of the United States Supreme Court's denial of the petition for writ of certiorari in Coalition for Economic Equity et al. v. Pete Wilson et al. several new questions with respect to the data collected for the City's disparity study and how it should be analyzed were raised. Because of those concerns, the Human Rights Commission in March of this year embarked upon additional data gathering and analysis in order to accurately determine whether a strong basis in evidence exists for concluding that the purposes identified in Section 12D.3 have not been achieved and what remedy, if any, is necessary to ensure that there is no discrimination in public contracting in the City and County of San Francisco.
    Although the Human Rights Commission has succeeded in gathering such additional data, the data gathering process is not yet complete. Consequently, the analysis of the data is not complete. Additional time is needed in order to accurately determine whether a strong basis in evidence exists for concluding that the purposes identified in Section 12D.3 have not been achieved and what remedy, if any, is necessary to ensure that there is no discrimination in the procurement process of the City and County of San Francisco.
    This Board incorporates by reference findings set forth in Sections 12D.2, 12D.2-2, 12D.2-3, 12D.2-4 and 12D.2-5 above;
    This Board hereby finds that there is a good faith basis to extend Ordinance 155-92, as amended by Ordinances 210-97, 457-97, 82-98 and 186-98 for a two-month period during which time this Board, with the assistance of the Human Rights Commission and the City Attorney, will (1) complete the compilation and analysis of the data to ascertain whether a strong basis in evidence exists for concluding that the purposes identified in Section 12D.3 have not been achieved and (2) receive comment on proposed legislative changes, if any, to the ordinance in light of the findings set forth in the final disparity study.
    (Added by Ord. 256-98, App. 7/31/98)