Fiscal Note
No appropriation is required.
Title
Amending Sections 39.02(3)(d)8. and 39.02(9)(g)6. of the Madison General Ordinances to make the ordinances consistent with recently adopted rules of appeal for Affirmative Action matters.
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DRAFTER'S ANALYSIS: The Affirmative Action Commission (AAC) recently adopted rules for appeals to the AAC on matters related to Affirmative Action Plans and the City's Minority Business Enterprise (MBE) and Disadvantaged Business Enterprise (DBE) programs. These ordinance changes are necessary to make the ordinances consistent with the new rules.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Paragraph 8. of Subdivision (d) of Subsection (3) entitled "Affirmative Action Commission" of Section 39.02 entitled "Affirmative Action Ordinance" of the Madison General Ordinances is amended to read as follows:
"8. To provide administrative review of decisions of the Contract Compliance Officer to grant, deny or revoke certifications as a Minority Business Enterprise (MBE), Women Business Enterprise (WBE), or Disadvantaged Business Enterprise (DBE) as these are defined in Sec. 39.02(9)(a)9.-11. of these ordinances and in the City of Madison Disadvantaged Business Enterprise/Minority Business Enterprise Program as approved by the Common Council; and a Small Business Enterprise (SBE) as defined in the Small Business Enterprise Program approved by the Common Council. The Commission shall adopt procedural rules for the conduct of such appeals. The Chairperson of the Affirmative Action Commission shall appoint a certification appeals committee consisting of seven (7) persons, including one member of the Common Council, one member of the Board of Public Works, two (2) members of the Affirmative Action Commission, and three (3) citizens, to serve two (2) year terms."
2. Paragraph 6. of Subdivision (g) entitled "Enforcement" of Subsection (9) entitled "Contract Compliance Provisions" of Section 39.02 entitled "Affirmative Action Ordinance" of the Madison General Ordinances is amended to read as follows:
"6. If the contractor requests a hearing, the Affirmative Action Commission shall schedule a hearing within five (5) working days after receiving the request. The initial date of the hearing shall be not more than fifteentwenty (1520) working days after the request is filed with the Affirmative Action Division Head."