Professional Documents
Culture Documents
May 4, 2011
The Honorable Mayor Tom Barrett
200 East Wells Street
Milwaukee, WI 53202
Re: NAACP's request for a community-driven external audit of the City of Milwaukee's administrative application of civil rights
and equal opportunity laws and policies germane to the city's contract procurement system.
Dear Mayor Barrett:
It is with the vision of the National Association for the Advancement of Colored People (NAACP) to ensure absolute inclusion and
equality in the affairs of our city that I write this letter on behalf of the members of the Milwaukee Branch. We respectfully ask
you to consider our request as stated herein and trust that you will agree that it would be for the benefit of the Milwaukee
community' as a whole.
We request that you and Common Council President Willie Hines establish a community member working group or task force to
oversee and coordinate an external audit of the City of Milwaukee's administrative application of civil rights and equal opportunity
laws and policies germane to the city's contract procurement system. We would like the audit to cover the timeframe used for the
D. Wilson Consulting Services' disparity study (2005-2010). We believe this audit should be conducted primarily to determine if
there were administrative issues with applying local, state, and federal civil/equal rights laws and policies that precipitated the
disparities in contracting shown by the recent D. Wilson Consulting Service report and the issues related to the same in the Mason
Tillman 2005 study of the Emerging Business Enterprise program.
The NAACP review of the Mason Tillman 2005 EBE study, D. Wilson 2005 - 08 EBE/Metropolitan Milwaukee Sewerage District
disparity study, and EBE 2006 Program annual report raised concerns about the City of Milwaukee's commitment to the
application of civil rights and equal opportunity laws and policies. We base these concerns on the following:
A. The Tillman, Wilson and EBE reports show conflicting dollar amounts procured by the city 7 and when carefully studied could
call into question the validity' of the city procurement system's reliability for transparency.
B. The Mason Tillman Study articulates the deficiencies in the City of Milwaukee's administrative and oversight approach to
contract procurement. It states: "The city does not have uniform policies or procedures for all departments within the city that
ensure adequate protection for subcontractors, which are typically small, minority, and women-owned businesses, from
business practices that can be detrimental to the survival of those businesses."
1 of 2
C. The D. Wilson study not only provides proof of disparities, but also provides eight (8) recommendations (chapter 10-1) on
how to deal with the deficiencies in the City of Milwaukee's administrative approach and oversight regarding contract
procurement. In addition, it provides examples of how the deficiencies may violate local, state, and federal equal/civil rights
laws and policies.
D. In 1989, the City enacted the EBE Program, through Chapter 360 of the Milwaukee Code of Ordinances. The EBE Program
was created to assist and protect the interests of individuals who are disadvantaged and small business concerns in order to
promote and encourage full and open competition in the City of Milwaukee. However, no provisions in chapter 360 give EBE
absolute authority to make final decisions on contracting but its operations/role in city contracting has been the focal point of
all the disparity studies without consideration for the six other city departments that play a prominent role in city contracting
oversight, administration, and compliance.
E. We have concerns that you and the city council's delay with appointing an Equal Rights Commission for six years (2003-09),
and with not providing it the authority, financial support, and staff to have an impact on issues of discrimination and equal
opportunity, may have contributed to what is being reported by the aforementioned reports/studies.
The NAACP believes the aforementioned raises serious questions about the city's commitment to the
administrative application of civil rights and equal opportunity laws and policies germane to its procurement and other activities.
We believe the city should undertake a community driven external audit of the administrative application of
civil rights and equal opportunity laws and policies germane to its current contract procurement approach to determine if
deficiencies in the administrative application of these laws are contributing to the documented disparities.
Finally, we also believe a community driven audit would help the city to determine the following:
if procurement coordination between departments is compliant with local, state, and federal civil/equal rights laws and
policies;
if procurement coordination between the city and its subcontractors is compliant with local, state, and federal civil/equal rights
laws and policies;
if procurement coordination between the city's subcontractors and their subcontractors is compliant with local, state, and
federal civil/equal rights laws and policies;
if the city has operated its procurement system in violation of the Federal False Claims Act;
if skill training is required in local, state, and federal civil/equal rights laws and policies for staff charged with administering
the city's procurement system, and
what actions the city will need to take to address oversight, coordination, and administrative operations of its procurement
system to ensure compliance with local, state, and federal civil/equal rights laws and policies and to mitigate disparities.
The NAACP hopes that you and Council President Willie Hines will provide leadership in
addressing the aforementioned concerns in the manner we have recommended so that we can build a truly inclusive procurement
system in our city. The NAACP stands ready to assist in this matter. Please contact me with any questions.
Sincerely,
James Hall, President NAACP Milwaukee Branch
cc: