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<br />e <br /> <br />e <br /> <br />e <br /> <br />this process is completed; in fact, council is at the early stages of the <br />process. <br /> <br />Mr. Boles asked that the Council Committee on Eugene Decisions frame a <br />response to the letter. <br /> <br />Ms. Ehrman said council should specifically address the issue of in-house <br />versus contracted-out services. <br /> <br />Mr. Nicholson reiterated his previous comments about the need to offer a <br />concrete proposal on how to initiate a public process to discover ways to do <br />things differently. <br /> <br />Mr. Boles noted that the criticism of the process was premature as it has not <br />been completed. <br /> <br />II. WORK SESSION: UPDATE ON THE CITY'S DISADVANTAGED BUSINESS ENTERPRISE <br />PROGRAM, AFFIRMATIVE ACTION, AND DIVERSITY EFFORTS <br /> <br />Linda Norris, Acting Assistant City Manager, acknowledged members in the <br />audience from the Hispanic Business Association, Eugene Human Rights <br />Commission, National Association for the Advancement of Colored People, and <br />the Chicano Affairs Center who have been very helpful to the City in <br />identifying the issues surrounding the Disadvantaged Business Enterprise <br />Program (DBE). Ms. Norris called attention to the packet material, including <br />a draft resolution and Affirmative Action Plan for the DBE Program. She <br />reviewed the material and said that, in Oregon, the State certifies <br />disadvantaged businesses and the City selects from that list. <br /> <br />Ms. Norris noted that the DBE is a set-aside program for Federally-funded <br />projects. The Federal Government has stated that DBE goals are required <br />without regard to previous findings of discrimination. She said this is not <br />to be confused with other set-aside programs for projects with non-Federal <br />funds. Ms. Norris said that in 1989, the Supreme Court, in a City of <br />Richmond case, found that set-aside programs for non-Federally funded <br />projects are not legal without first establishing a history of <br />discrimination. She said the program before council is for Federally funded <br />programs. <br /> <br />Responding to a question from Mr. Nicholson, Ms. Norris said that the City is <br />concerned with making sure that disadvantaged businesses can compete on an <br />equal basis on all other procurement issues. She said the City cannot do a <br />set-aside program, but it hopes to apply the goals and processes of the <br />Federal program and create an environment where all businesses can compete <br />equally. <br /> <br />Mr. MacDonald noted that the Supreme Court decision IIprohibits set-aside <br />programs for non-Federally funded projects, unless you first establish a <br />history of discrimination." He concluded that if a history of discrimination <br /> <br />MINUTES--Eugene City Council <br />Lunch Work Session <br /> <br />January 22, 1992 <br /> <br />Page 3 <br />