Oh, boy — SEWRPC misses the truth again

The Daily Reporter’s Sean Ryan today reports on objections to SEWRPC’s recertification as the Metropolitan Planning Organization for southeastern Wisconsin.

SEWRPC Executive Director Phil Evenson spins the truth so hard in the story that it turns into something else.

But SEWRPC spent the last three years establishing a stronger connection to city residents, said Executive Director Phil Evenson. It created a task force to respond to complaints that minorities and low-income residents aren’t properly represented by the com-mission. It also partnered with groups including the American Civil Liberties Union of Wisconsin Inc. and the Milwaukee Branch of the National Association for the Advancement of Colored People to hold hearings about the Kenosha-Racine-Milwaukee Commuter Rail project.

Evenson apparently forgot to mention that the NAACP and the ACLU have named SEWRPC in an affirmative action complaint, but Ryan, fine reporter that he is, did not forget that pertinent little fact.

As for the Environmental Justice Task Force to which Evenson referred — it took years of browbeating before SEWRPC agreed to establish the advisory committee, and Evenson already has made clear he will not implement recommendations from the group if he disagrees with them.

The task force, by the way, is supposed to assist in outreach to low-income and minority communities, but SEWRPC cynically did not ask it to promote participation in the recertification public comment period. SEWRPC and the Federal Highway Administration are quite clearly, in fact, trying to supress public participation in the recertification process by eliminating the traditional public hearing and replacing it with a public meeting, at which members of the public are allowed to wander around and talk to bureaucrats and give testimony in secret to court reporters.

Ald. Willie Wade yesterday called killing the public hearing “cowardly.” He’s right.

SEWRPC and FHWA are behaving horribly, singling out southeastern Wisconsin for discriminatory treatment. That makes it all the more important for people to participate in the recertification process. So a reprise from an earlier action alert.

As the region’s Metropolitan Planning Organization, SEWRPC makes recommendations about transportation planning. These transportation projects impact priorities for government funding, how healthy our air is, where housing is developed, job growth, the availability of mass transit, the supply of and potential movement of water outside the Great Lakes Basin, and much more. The agency, however, often has ignored the concerns of minority and low-income residents of Milwaukee. For example, SEWRPC has yet to conduct a regional housing study – something it promised in 2005 to do. It has denied requests from groups representing low income and minority communities to participate on advisory task forces. It rejected the requests of its own Environmental Justice Task Force to seek a diverse and inclusive pool of candidates to fill its Executive Director and Assistant Director positions.

WHAT: Public Meeting on SEWRPC’s Certification as Metro Planning Organization
WHERE: Downtown Transit Center, Harbor Lights Room, 909 E. Michigan Ave. Milwaukee
WHEN: October 22, 2008 5 p.m. – 7 p.m.

SEWRPC the reluctant

You guys do what you want,” SEWRPC Executive Director Phil Evenson tells the Environmental Justice Task Force.

The task force, though, as everyone on it knows, has no real power over the Southeastern Wisconsin Regional Planning Commission. All it can do is suggest. Task force member Joette Heckenbach requested that SEWRPC get outside assistance to conduct socio-economic analyses as part of the agency’s studies. Evenson and SEWRPC Deputy Director Ken Yunker don’t like that idea much.

Below the video of SEWRPC’s resistance is part of the affirmative action complaint the NAACP, with the assistance of the ACLU, filed against SEWRPC with the Department of Labor’s Office of Contract Compliance. It lays out nicely how SEWRPC prefers to hire its major consultants — from a rather small list of white people.

Facts Relating to Non-Compliance With Affirmative Action in Use of Professional Service
Subcontractors

39. SEWRPC has hired, and continues to hire, “independent contractors” who provide significant and ongoing professional services, including many of the kinds of services that are or potentially could be performed by SEWRPC employees.

40. Upon information and belief, SEWRPC has routinely identified, hired and retained most or all of these “independent contractors” on a “no bid” basis.

41. Upon information and belief, SEWRPC retains significant control over the performance of work by these “independent contractors.”

42. Upon information and belief, SEWRPC did not comply with affirmative action or disadvantaged business enterprise requirements or policies in hiring these contractors, or otherwise attempt to ensure that the professional services contractors it hired are members of diverse groups.

43. Upon information and belief, SEWRPC has not engaged in any efforts to monitor or otherwise ensure that these professional service subcontractors engage in Affirmative Action.

44. SEWRPC does not identify or report these professional service subcontractors in its EEO reports, and does not maintain demographic data on them.

45. Such “independent contractors” from whom no demographic information is collected, who were not recruited through the methods specified in the AA Plan, and who are not identified in affirmative action reports, include, but are not limited to, the following:

a. Since 1997, SEWRPC has annually contracted with its former executive director, who upon information and belief is a white non-Hispanic person, to provide engineering, planning and surveying services including but not limited to “determination of an annual work program” related to public land surveys; “oversight of Commission staff activities intended to carry out the work program,” and designing and executing other projects assigned by SEWRPC. For 2008, SEWRPC pays its former director $6,500 per month ($78,000 per year) based on the “equivalent of three-quarters time of service,” and provides him with office space, a vehicle, telephone service, and support staff; during some prior years, SEWRPC also paid for its former director’s health insurance.

b. Since 2006, SEWRPC has utilized the services of two designated individuals, who upon information and belief are white non-Hispanic persons, as “personal service contractors” for planning services related to the 30th St. Corridor Redevelopment, and, upon information and belief, has provided them with office space in Milwaukee County. The 30th St. Corridor is in the central city of Milwaukee, an area predominantly populated by persons of color.

c. Since 2007, if not earlier, SEWRPC has entered into an annual contract with the University of Wisconsin Extension for the services of a specifically identified individual, who upon information and belief is a white non-Hispanic person, for public education and outreach, including outreach to communities of color. The contract obligates SEWRPC to pay 100% of this person’s salary and benefits, and milage and expenses.

SEWRPC, the complaint and the attitude, part II

We start first with another video of Southeastern Wisconsin Regional Planning Commission top dogs Phil Evenson and Ken Yunker working very hard and quite politely to shoo away those pesky Environmental Justice Task Force members that want SEWRPC to get outside help with the socio-economic analyses that should be part of SEWRPC studies.

Below that is another excerpt from the NAACP’s discrimination complaint against SEWRPC. The complaint was filed with the US Department of Labor’s Office of Contract Compliance.

The two again show a consistent SEWRPC attitude outdated arrogance. The first part of this series is here.

The video

Excerpt from the complaint

Facts Relating to Non-Compliance with Affirmative Action in Promotion

24. In or about March 2008, it became public knowledge that SEWRPC’s Executive Director planned to retire at the end of 2008.

25. The Executive Director is a professional position within SEWRPC, and the retirement of the Executive Director would create a professional “job opening” in that position.

26. In 2006, SEWRPC established an Environmental Justice Task Force (EJTF), the stated mission of which is to “enhance the consideration and integration of environmental justice throughout the regional planning process,” by, inter alia, “ensur[ing] public involvement of low-income and minority groups in decision making” and “assur[ing that] low-income and minority groups receive proportionate share of benefits.”

27. The EJTF is a group that includes persons of color, persons with disabilities, and members of neighborhood organizations.

28. At a meeting on March 18, 2008, members of the EJTF – having learned that SEWRPC’s white non-Hispanic Executive Director was planning to retire – requested that the process to hire a new Executive Director be conducted in a manner to ensure a diverse pool of candidates and participation from diverse constituencies (such as the EJTF) in the selection process, including helping to identify appropriate candidates for consideration in the pool of candidates.

29. On March 20, 2008, SEWRPC’s Executive Committee rejected the request of SEWRPC’s own EJTF and instead voted to negotiate a contract to promote SEWRPC’s assistant director, a white non-Hispanic person, to the position of Executive Director.

30. On April 24, 2008, SEWRPC’s Executive Committee ratified a contract with its assistant director to become Executive Director.

31. SEWRPC conducted no search for the Executive Director opening, and thus did not comply with the commitments it made in its AA Plan to advertise job openings in minority media and to minority organizations and neighborhood groups.

32. SEWRPC conducted no search for the Executive Director opening, and thus did not comply with the commitments it made in its own AA Plan to work with minority groups and neighborhood organizations to identify persons who might be able to fill openings with the Commission.

33. At a May 27, 2008 EJTF meeting, EJTF members requested that SEWRPC conduct a search to ensure a diverse pool of candidates for the assistant director position being vacated by the assistant director due to his hiring as Executive Director.34. At the May 27 EJTF meeting, the current Executive Director stated that SEWRPC preferred to “promote from within.”

35. At an EJTF meeting on July 29, 2008, SEWRPC’s Executive Director reiterated that SEWRPC “promotes from within” “whenever possible” and that any affirmative action in hiring is focused on entry-level positions.

36. At the July 29 EJTF meeting, EJTF members reiterated their concerns about SEWRPC’s lack of affirmative action for hiring at multiple levels, not just for entry level positions.

37. Despite the facts that SEWRPC has been subject to affirmative action requirements for more than three decades; has attained only negligible improvement in minority hiring even at entry levels, especially for professional staff; has a total lack of persons of color in senior and supervisory professional positions; and has an almost all-white professional staff, “promoting from within” is its longstanding pattern and practice.

38. As a result of SEWRPC’s history of failing to recruit and hire meaningful numbers of people of color to even entry level professional positions, its insistance on a policy of promoting from within has resulted in precluding persons of color from being placed in leadership positions within the organization as these positions have become available.