Gotham Gazette https://www.gothamgazette.com/component/tags/tag/2731 Tue, 23 Jul 2019 07:14:26 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) Does New York City Need a Chief Diversity Officer? https://www.gothamgazette.com/city/8447-does-new-york-city-need-a-chief-diversity-officer https://www.gothamgazette.com/city/8447-does-new-york-city-need-a-chief-diversity-officer mayor office city hall riders

(photo: Michael Appleton/Mayoral Photography Office)


Many days throughout the year there are people gathered on the steps of City Hall calling on city government to make policy. On March 14, a rally of women and people of color who own businesses, organized by city Comptroller Scott Stringer, focused on a change that could significantly alter the direction of city government and opportunities for those business owners and others in similar positions.

Those in attendance were backing Stringer’s push to have the 2019 New York City Charter Revision Commission put a proposal on the November ballot to require a Chief Diversity Officer in the mayor’s cabinet and one at each city agency.

Fittingly, Mayor Bill de Blasio, AirPods in his ears, walked into City Hall at the time of the rally, seemingly paying it little mind. Over the last several years, Stringer has assailed the de Blasio administration’s approach to contracting with MWBEs -- minority- and women-owned business enterprises -- and called on the mayor to add a chief diversity officer (CDO) to his administration. De Blasio has adjusted the city’s MWBE contracting goals multiple times and created an MWBE office in 2016, but he has not created the CDO position. He has also repeatedly dismissed Stringer’s criticisms.

A second-term Democrat who created a CDO at the comptroller’s office upon taking the citywide position in 2014, Stringer has now pushed the issue to the fore as the 2019 charter commission considers what changes to the city’s central governing document and structure it will propose to voters this fall -- it is listed first among Stringer’s 65 charter revision proposals.

The City Hall rally, which included Stringer, MWBE owners, faith leaders, Manhattan City Council Member Ben Kallos, and Brooklyn Assembly Member Rodneyse Bichotte, came just hours before Stringer and others testified before the commission on the subject of adding the CDO positions to the charter.

Among other responsibilities, the CDO position would oversee city procurement and contracting with MWBEs, as well as strategies to improve those efforts. The city spends billions of procurement dollars each year to buy things such as office supplies or hire contractors on city construction projects. The CDO would also focus on issues of equity and diversity in city government, with each CDO at individual city agencies handling these tasks with a narrower scope.

“I’ve said to the mayor every year that we would really benefit from a chief diversity officer in City Hall,” Stringer told Gotham Gazette just after the rally. “For me, talk is cheap. We’re either going to be in the business of equality and economic justice or we’re not.”

The CDO in Stringer’s office, currently Wendy Garcia, is tasked with overseeing all of its procurement dollars, about $14 million spent annually.

“Every time I see a law or a regulation or some rule that inhibits minorities or women to have access, my job is to fix it and change it,” Garcia told Gotham Gazette in an interview. According to Stringer’s charter revision proposals, Garcia has helped the Office of the Comptroller almost double its spending with MWBEs to over 24% of its procurement spending in fiscal year 2017.

“I think people do not fully appreciate the role of the chief diversity officer,” Stringer said. “Imagine a chief diversity officer in City Hall in this building right now working every day across all agencies to look at ways to up-spend to bring more people into the procurement process. This is a necessary part of government. It’s the future of the city. There’s nothing more important than creating wealth with opportunity.”

Each year, Stringer puts out an MWBE report card for city agencies and the mayor’s office, and he includes his office as well. Six of the 32 agencies graded by the Comptroller’s Office already have CDOs: Department of Design and Construction, Department of Finance, Department of Information Technology and Telecommunications, Department of Sanitation, Department of Transportation, Fire Department, and Law Department. (None of the agencies with chief diversity officers increased their share of procurement going to MWBEs by over 2.5% from 2017 to 2018 except the Department of Finance which spent only $25 million on procurement in total, about 21% of its procurement dollars.)

The Department of Design and Construction (DDC) has one of the biggest procurement budgets in city government, totaling nearly $1.7 billion, about as large as the other agencies with CDOs combined. DDC hired Chief Diversity and Industry Relations Officer Magalie D. Austin in 2014. According to budget testimony delivered last month by DDC Commissioner Lorraine Grillo, "Mayor de Blasio singled out DDC as the top performing agency in the City’s M/WBE program. We’ve awarded more than $1 billion to M/WBE firms since 2015. Between FY15 to FY18, our overall M/WBE utilization rate has increased from just under ten percent to 23 percent."

Furthermore, the Metropolitan Transportation Authority (MTA) and New York State also have chief diversity officers. Governor Andrew Cuomo, who took office in 2011, responded to a 2010 disparity study by focusing on the state’s procurement dollars going to MWBEs. In 2014, he upgraded his goal for MWBE utilization from 20% to 30% of the value of state contracts. In fiscal year 2017, the percentage of MWBE utilization in New York State was 28.6%, according to Empire State Development’s Division of Minority and Women's Business Development Annual Report 2018.

The state chief diversity officer originally solely oversaw the MWBE procurement process but has recently added workforce diversity and inclusion duties as well. Currently, the role of chief diversity officer is filled by Lourdes Zapata.

Other Major Cities Have CDOs
Outside of New York City, the position of chief diversity officer can be found in other major city governments around the country, almost all only created in the past five years.

There are currently chief diversity officers in Chicago, Boston, Philadelphia, Columbus, San Antonio, Austin, Nashville, and Buffalo. The duties (and titles) of these CDOs vary – most of the positions are human resources in nature, such as researching workplace diversity, recruiting diverse applicants for city jobs, and raising awareness for diverse hiring practices.

If the proposal passed, New York would be the first major city with a chief diversity officer whose main job duty would be to oversee procurement for MWBEs.

In Philadelphia, the role of Chief Diversity and Inclusion Officer is filled by Nolan Atkinson Jr. When offered the job, “I had one qualification. I wanted the title to be the Chief Diversity and Inclusion Officer,” he told Gotham Gazette in a phone interview. “I believe inclusion is vital in having a successful tenure in this position.”

Atkinson’s office provides diversity training to city employees, publishes quarterly reports, and oversees the Office of Economic Opportunity, which manages procurement to WMBEs.

Philadelphia city government awarded over $440 million out of an estimated $1.4 billion contracting budget (30.5%) to M/W/DSBE’s (Philadelphia includes business owners with a disability) in fiscal year 2018, a $128 million increase over fiscal year 2017, according to the City of Philadelphia’s Department of Commerce’s Office of Economic Opportunity Fiscal Year 2018 Annual Report. Philadelphia has set an “aspirational” goal of 35% of contracting dollars to go to diverse businesses. In terms of city employee diversity, the Philadelphia city workforce skews heavily male, at 65% of the workforce, and 58% of “new hires.”

Boston’s CDO Danielson Tavares has had more success reflecting the city’s population in the city’s workforce but does not oversee procurement.

Danielson Tavares, Chief Diversity Officer of the City of Boston, told Gotham Gazette, “my initial mandate was as to try to diversify the [city government] workforce to be as reflective of the city population as possible with special attention to underrepresented populations.”

According to the first ever workforce report looking at diversity in Boston in 2015, just 42% of city workers were non-white while 54% of the city was non-white. The December 2018 report showed that out of the nearly 1,500 new city hires in the year before the report, 55% were non-white.

Something both Atkinson and Tavares emphasized: for a CDO position to work, they need the support of the mayor of the city.

It doesn’t seem like the proposal has it in New York.

The New York City Push, MWBE Spending, & the Charter Revision Commission
In a statement to Gotham Gazette, de Blasio spokesperson Raul Contreras highlighted the work of the Mayor’s Office of Minority and Women-owned Business Enterprises but was noncommittal regarding the CDO proposal that’s in front of the charter revision commission.

A chief diversity officer in New York would undoubtedly cause changes in the procurement spending infrastructure with the Mayor’s Office of M/WBE’s currently overseeing procurement to M/WBE’s. When asked at a March 21 press conference -- one week after the Stringer-led rally and testimony at the charter revision commission -- about the possibility of a CDO in New York City, de Blasio said, “I think the current approach is a very aggressive, effective way. We’ll always look at ways we can improve it, but I think this model is the way to get it done.”

“If you’re chief diversity officer and you don’t report to the head, you’re set up to fail,” said Wendy Garcia. “If you’re reporting directly to the head, you’re part of the system.”

“As long as it doesn’t get overly politicized, we see the power and leverage of a position like this necessarily maintained,” said Julie Nelson, Co-Director of the Government Alliance on Race and Equality (GARE).

An issue the 2019 Charter Revision Commission brought up in its hearing was the already existing framework in the city overseeing M/WBE investment. Commissioner James Caras asked the panelist of experts who testified on the issue if a CDO was really necessary as the duties of the position, diversity hiring and overseeing the M/WBE program, are already handled by the Department of Citywide Administrative Services (DCAS) and the Mayor's Office of M/WBEs, respectively.

Commissioner Stephen Fiala argued that the specifics of how a CDO would integrate with the current MWBE officers in city agencies are unknown and would only add to a complicated charter and city bureaucratic structure.

“We’re always too quick to come up with a catchy title and then try to ram it into the charter and then we’re left very disappointed when nothing happens.”

A possible downside to the idea of chief diversity officers, said Nelson, is “when individual positions are allocated with the responsibility, that can take the pressure or the weight off other people” when promoting diversity.

Asked about this reservation, Garcia told Gotham Gazette it is the reason the CDO must be in every agency and there must be one CDO who reports directly to the mayor.

If skipped over by the charter revision commission, the creation of a citywide chief diversity officer could be legislated by the New York City Council, however the expert panelists at the revision commission’s hearing were dubious of this path as the charter is less malleable to political changes and pressures.

It’s notable that of the ways the push for a CDO could succeed, like through legislative action or executive order, changing the city’s Charter is the only way that does not directly include the mayor, though he does have four appointees to the 15-member commission. (The City Council could pass a bill then override a mayoral veto. There is no current bill in the Council to create a CDO.)

When the 2019 Charter Revision Commission heard testimony on the proposal of creating a CDO at the March 14 hearing, commissioners appeared interested in the topic. After including the CDO concept in its list of issues to explore further, the commission heard from Stringer and others, among a series of expert hearings it held on a variety of topics, and will now put forward its narrowed focus areas on April 22. That list will determine which issues the commission plans to craft actual ballot proposals around for suggested changes to city government for voters to approve or disapprove in November.

The MWBE program, created by city law in 2005, attempts to increase the amount of city procurement dollars that go to minority- and women-owned businesses. In fiscal year 2018, the city awarded $19.3 billion in contracts, of which $1 billion, or about 5.5%, went to MWBEs, according to Comptroller Stringer’s Making the Grade 2018 report. In 2007, it was just 1.6%.

In the same 2018 report, Stringer gave the city as a whole a D+. Of the 32 mayoral agencies graded, only nine received a B or higher, including the Office of the Comptroller. On spending specifically with African-American-owned businesses, five mayoral agencies received a B or higher.  

To improve, Mayor de Blasio set the goal of awarding $16 billion to MWBEs by 2025 in his OneNYC plan, a goal which has since been increased to $20 billion by 2025.

Amid earlier criticism from Stringer, de Blasio created the Office of MWBEs in September of 2016, which is currently responsible for overseeing the MWBE program. The office, currently led by Jonnel Doris, is part of the mayor’s office and is overseen by the Deputy Mayor for Strategic Policy Initiatives, currently Phil Thompson. The office was created and enhanced under Thompson’s predecessor, Richard Buery.

Talk of a chief diversity officer actually came up in the 2013 New York City mayoral race. At a very early forum in the race -- held in June 2012 when Stringer was exploring a mayoral bid before he shifted to the comptroller’s race -- participating candidates including de Blasio criticized the Bloomberg administration approach to diverse hiring and MWBE contracting. According to news reports the candidates all supported the idea of a CDO at City Hall. “De Blasio also endorsed the idea, but said he would go further, making the person who holds that post a deputy mayor,” according to a Reuters article from the time. That’s what de Blasio has done, in a way.

But the city has failed to hit MWBE procurement benchmarks that were codified by Local Law 1 in 2013. For example, 18% of the value of city construction contracts awarded are supposed to go to women-owned businesses. In 2018, the city awarded just 4.1%, according to the comptroller’s Making the Grade 2018 report.

On the matter of diversity in the mayor's office and city government more broadly, little has changed since de Blasio took office, according to the most recent statistics available from the city. While de Blasio has elevated more women and people of color to top city leadership positions, the larger workforce is about what it was in Mayor Michael Bloomberg's final year of 2013.

According to the U.S. Census Bureau, as of July 2017, New York City as a whole was 52.3% female and 46.7% male, and 32% white, 29% Hispanic, 24% black, 14% Asian, and 1% other races.

According to the city's Department of Citywide Administration Services: in 2013 the mayor's office was: 60% female and 40% male, and 54% white, 17% black, 15% Hispanic, and 14% Asian; in 2017 the mayor's office was: 58% female and 42% male, and 46% white, 20% black, 15% Hispanic, 16% Asian, and 3% some other race.

In 2013 the city government workforce was 58% female and 42% male, and 40% white, 31% black, 19% Hispanic, 8% Asian, and 2% some other race. In 2017 the city government workforce was 59% female and 41% male, and 38% white, 30% black, 20% Hispanic, 9% Asian, and 3% some other race.

Nelson, of the Government Alliance on Race and Equality, told Gotham Gazette the vast resources and dollars of New York City could have a real benefit on policies that would help people of color, if implemented well.

“What we don’t want to have happen is for these positions just to be spokespeople for the status quo,” she said.

***
by Truman Stephens, Gotham Gazette

Read more by this writer.

Ben Max contributed to this article.

Note: this article has been corrected to reflect accurate procurement spending with MWBEs by DDC. The original published version of the article inaccruately described DDC as making minimal progress in MWBE contracting in recent years whereas it has increased such spending significantly.

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Does New York City Need a Chief Diversity Officer? Sun, 14 Apr 2019 04:00:00 +0000
Charter Revision Commission Hears Expert Testimony on Conflicts of Interest and Chief Diversity Officer https://www.gothamgazette.com/city/8365-charter-revision-commission-hears-expert-testimony-on-conflicts-of-interest-and-chief-diversity-officer https://www.gothamgazette.com/city/8365-charter-revision-commission-hears-expert-testimony-on-conflicts-of-interest-and-chief-diversity-officer gg cc h

(photo: Sofie Hecht/Gotham Gazette)


On Thursday evening, the 2019 Charter Revision Commission heard from experts in city government and activist circles to discuss possible charter amendments that could enhance precautionary measures against conflicts of interest in city government, and the potential mandated addition of a chief diversity officer in the mayor’s office, at mayoral agencies, and elsewhere. The push for adding chief diversity officers is being led by city Comptroller Scott Stringer, who created such a position in his office and has made the effort one of his top priorities among many suggested charter changes.

After having held a series of open public hearings around the city, the 2019 Charter Revision Commission announced its focus areas and is holding a series of “expert” hearings as it considers major potential overhauls to the city charter for the first time in 30 years. The commission will submit revisions to the city’s foundational laws before voters this November, though the proposals will undergo several rounds of public input before reaching the ballot.

The commission has already heard from experts on election reform, police accountability, and city budgeting and contracting. The commissioners on the charter revision commission were appointed by a variety of elected leaders, including the mayor, who had the most appointments but not a majority, the comptroller, the public advocate, the City Council speaker, and each of the borough presidents.

The charter currently aims to stamp out corruption in part through the Conflict of Interest Board (COIB), which consists of five mayoral appointees approved by City Council and a staff that executes trainings and investigations, among other tasks.

The COIB currently has four primary goals: educating public servants about the city’s rules on conflicts of interest as delineated in Chapter 68 of the charter, offering advice regarding public servants’ interpretation of Chapter 68 and the Lobbyist Gift Law, prosecuting politicians who break these rules, and enforcing the Annual Disclosure Law that requires yearly financial disclosures from all city politicians. The COIB oversees the mandate of a one-year freeze on politicians’ ability to lobby their former agency once they leave office.

Current COIB Chair Richard Briffault was the only expert on conflicts of interest and corruption to speak before the commission. He did not propose any amendments to the charter, but fielded questions from the commissioners and explained why he believes the COIB is working well in its current form.

“Our small size facilitates deliberation and action. The combination of mayoral appointment and Council confirmation...assures that any issues about any nomination can be publicly aired,” he explained.

Charter Commissioner Sal Albanese -- a former City Council member and three-time mayoral candidate, including in the 2017 Democratic primary against Mayor Bill de Blasio, who was appointed to the commission by Brooklyn Borough President Eric Adams -- asked if serving under mayoral appointment poses an inherent conflict of interest, implying that the current COIB structure incentivizes protection of the mayor. Briffault said he understood the concern, but explained that diversifying appointment power could enhance the notion that a COIB member should serve the politician who appointed them. A standard of mayoral appointees, Briffault argued, promotes a sense of cohesion within the body.

Briffault also cautioned against changing the COIB to operate more like the Joint Commission on Public Ethics, the highly-controversial state body that many argue is ineffective, and which draws appointments from the governor and legislative leaders.

Commission Chair Gail Benjamin, appointed by City Council Speaker Corey Johnson, echoed Albanese’s concerns, asking Briffault if the COIB would benefit by drawing members from a wider variety of employment sectors. Briffault conceded that attorneys currently comprise the majority of the COIB, if not its entirety. “The plus side [to that change] is guaranteeing that different perspectives are there,” he said. “But a lot of what we do is interpret and enforce the law.”

Albanese further inquired about the COIB’s opinion regarding the one-year lobbying ban on public servants leaving office, suggesting that a five-year or even lifetime ban would better root out corruption. Briffault declined to take a position on the matter. “We’re not policy-makers,” he said. But he did affirm the current yearlong measure, positing that a longer ban might “discourage high-quality people from going into government.”

While Albanese expressed concern about lobbying power and methods of circumventing the Lobbying Gift Law, Briffault maintained that certain actions like campaign donation bundling cannot be regulated as lobbying.

Commissioner Stephen Fiala asked if Briffault sought to increase the COIB’s relatively small annual budget of $2.5 million. Briffault remained ambivalent, though he said that either consistently re-adjusting the budget for inflation or tying the budget to a percentage of that of City Council would benefit the COIB. In recent years COIB has pushed for more funding during City Council budget hearings, with representatives explaining that it is challenging to perform all of the trainings and other tasks it has given its staffing levels and high turnover based on lower-than-ideal pay.

The commission also heard from experts regarding the installation of a chief diversity officer within the mayor’s office and deputy officers in each city agency to oversee the Women and Minority-Owned Business Enterprise program (MWBE). While all experts and commissioners agreed on the program’s importance, contention arose over whether the chief diversity officer program should be codified into the city charter when an MWBE system has already been legislated into effect with Local Law 12.

Reverend Jacques Andre DeGraff and Wendy Garcia, chief diversity officer for the office of city Comptroller Scott Stringer, both argued in favor of codification, while director of the Mayor’s Office of MWBEs and Dawn Pinnock, executive deputy commissioner of people operations and risk management at the Department of Citywide Administrative Services, argued that Local Law 12 should stand on its own. Andrea Bowen, an transgender and gender-nonconforming rights activist, did not take a clear stance on the issue, but pushed the commission to consider ways to codify increased hiring of trans folks around the city.

The commission was supposed to hear concerns about the sprawling public pension system, but experts from Comptroller Stringer’s office, who oversee the city pension system, were unable to attend, frustrating Albanese who requested time at the start of the session to rail against the absence of Stringer and his staff. “He’s missing in action and so is his staff,” Albanese said. “It’s a politically tough issue, but that’s what you get paid for as an elected official.”

The next charter commission hearing will take place on Monday, March 18, on other issues of governance, including the role of the public advocate.

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Charter Revision Commission Hears Expert Testimony on Conflicts of Interest and Chief Diversity Officer Sun, 17 Mar 2019 04:00:00 +0000