County rejects quotas in bid (Albany, Ga)

AlbanyHerald ^ | 06/30/2009 | Carlton Fletcher

[devane617]

ALBANY - The Dougherty County Commission voted unanimously Monday to reject all bids on the construction of a new Public Works building, including LRA Constructors Inc.'s low bid of $650,390, after County Attorney Spencer Lee recommended such action based on constitutionality issues.

Lee outlined for the Commission the reasons for his recommendation, noting that a 2008 disparity study conducted by BBC Research & Consulting of Denver found that a system calling for minority-based participation quotas and "good-faith" efforts was unconstitutional under existing federal law.

"This board needs to take action on matters like these based on the latest disparity study, which is the BBC study," Lee said. "That study says that such guidelines as minority- or race-based quotas and good-faith efforts are unconstitutional.

"This bid proposal was sent out through the city and includes race- and gender-conscious elements. Therefore, based on the BBC ruling, I recommend that you reject all bids and re-bid the project."

Lee said that a 2001 disparity study recommended quotas because it found discriminatory practices in the county that justified such action. However, the BBC study, conducted for a consortium that included the city of Albany, Dougherty County, the Dougherty County School System, the Water, Gas & Light Commission and Albany Tomorrow Inc., found there was no evidence of continued discriminatory practices that justified the inclusion of quota and good-faith requirements in bid packages.

Commissioner Muarlean Edwards asked if, since the consortium that asked for the study no longer existed, the findings by BBC were still sound.

"The conditions that were applicable when the study was conducted are still in affect," Lee said. "There is no need to conduct a new study because the consortium does not now exist."

After discussing the finer points of the issue for several minutes, Commissioner Lamar Hudgins cut directly to the heart of the matter.

"I'm asking you, is this bid package sent out under the city's direction constitutional?" he asked Lee.

"No, it includes race-conscious elements," Lee said. "And BBC's disparity study - the study you helped pay for - says that makes it unconstitutional."

Commissioner John Hayes then made a motion that the Commission follow Lee's recommendation.

"We've always followed the sound advice of our county attorney, so I make a motion that we do so in this matter and reject all bids on the Public Works building," Hayes said.

The Commission approved the matter unanimously.

County Administrator Richard Crowdis suggested that commissioners take similar action on the recent bid package sent out for the construction of a new Emergency Medical Services building.

Both projects are being funded through special-purpose local-option sales tax collections.

[devane617]

For this part of the world to reject race-based quotas is almost unheard of.

[STONEWALLS]

.....give the racial demographics of S.Georgia I’m quite surprised.

[skinkinthegrass]

For this part of the world to reject race-based quotas is almost unheard of.

...the (in)Justice Brothers,
(Jesse "I have a Scheme" Jackson Sr. / Al "Race Riot" Sharpton)
Are on they're way down now....riding that DNC Jack@$$.

[Post-Neolithic]

I think the SCOTUS decision yesterday, the one that overturned the racist, “for my people”, Sotomayor’s ruling, probably had a lot to do with it.

[devane617]

The demographics for Awl’beny is about 75% Black, so this decision is unusual.

[skinkinthegrass]

the one that overturned the racist, “for my people”, Sotomayor’s ruling, probably had a lot to do with it.

very very likely.
w/o it, Liberals would be screamin'