Saturday, November 30, 2002
A builders association attorney said the policy could cost taxpayers.
By JoANNE VIVIANO
VINDICATOR EDUCATION WRITER
YOUNGSTOWN -- An area builders association is challenging the Youngstown city schools' requirement that contractors employ at least 20 percent minorities, 20 percent females and 50 percent district residents for school construction projects.
"The U.S. Supreme Court has looked at issues like this quite a few times," said Atty. Tim Jacob of Youngstown, representing the Builders Association of Eastern Ohio and Western Pennsylvania. "... I think it's beyond arguing. This kind of program doesn't make it. It's unconstitutional."
Youngstown school voters approved a 4.4-mill tax issue in November 2000 to provide the 20 percent local share of a six-year, $182.5 million project to build six new schools and overhaul several others. The Ohio School Facilities Commission provides the remaining funds.
Outlined hiring specifications
The school district outlined the hiring specifications during the bond issue campaign to gain support from the city's minority community.
The 20-20-50 requirement is simply a "goal" of the district and no penalties apply to contractors who do not meet the goal, said Al Curry, who serves as the Equal Employment Opportunity Commission Contract Compliance Officer for the district's construction program. However, Curry added, the specifications are outlined in contracts and those who do not meet the goals are violating such contracts.
But Jacob said the policy favors or disfavors one group over another while using public money, a violation of the "equal protection" guarantee under the 14th Amendment.
Jacob said he's sent letters to the district expressing concern and waits to hear back from administrators.
Atty. Michael L. Sharb of Cleveland, representing the school district, said the letters were received and administrators have authorized him to schedule a meeting with the association.
"The district does not agree with how the association has characterized the program," Sharb said. "But they are not so obstinate that they're not going to sit down and hear what they have to say."
Jacob said it is unfair to exclude any contractors from the project simply because they are not minorities.
Reduces choices
Besides the equal protection issue, Jacob said, the policy could cost taxpayers money by reducing the pool of qualified contractors by as much as 50 percent or 80 percent.
"You wonder if the people are getting the best return on their tax dollar," he said.
Work at some locations began in the fall, and some contractors have complied with the goals by hiring minorities referred to them by the school district, Curry said. Others have not.
Curry has forwarded them the names and telephone numbers of those qualified to do the work to hired contractors. Those receiving jobs, he said, have been community members who were unemployed or underemployed and benefited from getting work in the community.