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3.100.045 Denial, Suspension, Revocation

(Added by Ordinance No. 171418, effective July 23, 1997)

A. Actions by Bureau. The Bureau may deny, suspend or revoke an EEO certification of the contractor or subcontractor if:

1. Employs a workforce that shows underutilization of minorities and women, as reflected by their availability in the workforce, and thereafter fails to take positive steps to diversify its workforce after notification from the Bureau that such steps are required to maintain the EEO certification. Underutilization determinations shall be based on federal Title VII standards including the "Four-Fifths Rule" and "Manifest Imbalance" concepts;

2. Engages in discrimination prohibited by state, federal or local law;

3. Refuses to provide information to the Bureau of Purchases to determine whether it should be EEO certified or recertified;

4. Refuses to provide information when the Bureau is conducting a Compliance Review;

5. Intentionally provides false information to the Bureau in regard to its EEO certification or in response to the Bureau’s request for information; or

6. Intentionally employs subcontractors that are not EEO certified.

B. Appeal. EEO certification that has been denied, suspended or revoked may be appealed to the City Council by filing a written notice with the City Auditor within 10 days after the date of denial, suspension, or revocation. Action on such appeal shall be as directed by the City Council.

C. Enforcement. If no appeal to the City Council is filed within the time allowed, or if the appeal is denied by the City Council, the decision of the Bureau immediately shall go into effect.