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OP-ED: BART Hires Georgia Firm for Disparity Study, Ignores Qualified Cheaper Local Bidder

Published

10 years ago

May 13, 2015

By Barbara J. Thomson

Despite BART board policy to contract with small local businesses, the Board of Directors at their April 9 meeting voted unanimously to award a contract to study discrimination in contracting to a Georgia firm – Miller3 – with limited experience in the field.

The lowest bidder—a nationally recognized Oakland firm located in BART’s service area for more than 30 years—was passed over for the contract to conduct the study to investigate BART’s contracting practices.

Local business leaders are questioning how the contractor selection to conduct a disparity study that produced such unfair results could have been impartial. They are calling for transparency and disclosure of the selection process.

Business leaders want an explanation of how the proposals were evaluated and how BART’s Office of Civil Rights could rank the Georgia firm number one, and an international firm that has never performed a disparity study was ranked number two.

The Oakland firm— Mason Tillman Associates, Ltd.– which has completed more than 130 legally unchallenged studies, including the current unchallenged BART study—was only ranked number three.

The BART Office of Civil Rights’ report to the board stated, “[A]t the conclusion of the evaluation process, staff conducted a best value analysis and determined that Miller3 represented the best value to the district.”

The Georgia firm’s proposed bid was over $100,000 more than the Oakland firm—a California certified business that has performed more than 100 disparity studies for large clients such New York City, New York State, Texas, Minnesota, Oregon, Washington, and the Los Angeles Metropolitan Transportation Authority.

BART’s 2007 Disparity Study was performed by Mason Tillman. Leaders note that it is difficult to understand how BART officials could recommend and directors vote to approve a contract that will cost the public an extra $100,000.

They also question how this decision can be justified as “the best value” for Bay Area residents and riders.

Wayne T. Wong, Department Manager for BART’s Office of Civil Rights testified that the staff’s recommendation was proper because BART had budgeted an estimated cost of over $1 million for the project, and the Georgia firm’s bid came in at $668,050.

Staff analyses show that the cost to taxpayers and riders could have been reduced by almost $100,000 had BART selected a local small business with a national reputation that hires local residents and pays local taxes.

BART’s willingness to pay the additional amount is noteworthy at a time when every penny should be scrutinized because BART intends to go again to the voters for a bond measure this time to subsidize a $9.6 billion shortfall found by the State Auditor.

In these economic times, socially responsible agencies are mindful that local hiring is important to all district residents.

The bid proposal also required the contractor to “[M]aintain, or be able to maintain, an office location in California within 100 miles of the District’s Headquarters” in downtown Oakland.

According to the Office of Civil Rights Manager Wong, the Georgia firm plans to “rent or lease space from one of its sub-consultants in Vallejo or Novato. Neither city is in a county with BART district tax rates.”

The nationally respected Oakland disparity study consultant that BART did not select is headquartered across the street from BART headquarters, where it employs 20 staff.

The firm hires locally and for 30 years has supported the local economy, and pays payroll, sales, and BART district taxes.

The Oakland business is not only a local company, but it is a good corporate citizen that hires Oakland minority high school student interns, mentors young professionals, and supports Oakland nonprofit organizations.

In passing over the Oakland firm, BART failed to comply with its own policy, and the Office of Civil Rights has failed to comport with its mission to ensure an equitable contracting process for local, small, and minority/woman-owned businesses.

In voting to select the Georgia firm for this contract, BART Directors raise suspicion about their fiduciary responsibility.

For more information, watch BART’s April 9 board meeting, Item III.B, at www.bart.gov/about/bod/multimedia.

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

Published

1 day ago

December 20, 2024

Oakland Post

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City of Oakland Celebrates Reopening of Main Library

“Libraries are such critical facilities for all Oaklanders, whether it’s children coming to story-time, adults reading the newspapers or borrowing the latest novels, and people engaging with a range of services and programs that the library hosts,” said Council President and District 2 Councilmember Nikki Fortunato Bas. “Such library services and programs are only possible when the facility’s electricity, heating, roof, and lighting are fixed and running efficiently. I’m proud to join this re-opening of our Main Public Library.”

Published

4 days ago

December 18, 2024

Oakland Post

Left to Right- Jamie Turbak, Director of Library Services, LaTonda Simmons, Assistant City Administrator, Nikki Bas, President Oakland City Council, Shen Thao, Mayor of Oakland, Carroll Fife, Oakland City Councilmember District 3, Harold Duffey, Assistant City Administrator, Sean Maher, Projects Coordinator. Photo by Kevin Hicks.

The branch had been closed since May for critical infrastructure upgrades

Special to the Post

The City of Oakland leadership and community partners gathered to celebrate the reopening of the Main Library after completion of critical infrastructure upgrades to enhance the library’s facilities and provide a better experience for patrons.

Renovations include new roof installation, skylight repair, critical electrical system upgrades, new boiler control system installation, auditorium heating and cooling system installation, and improvements to lighting, flooring and ceilings throughout the building.

“This is truly something to celebrate, the reopening of our wonderful Main Library! I congratulate the staff and our partners for this important project to make the Main Library a more comfortable place for everyone for years to come, said Oakland Mayor Sheng Thao. “Thank you to Oakland voters and the California State Library for making these crucial improvements possible.”

“Public libraries are a wonderful resource for our residents, offering a safe space for learning and being,” said District 3 Councilmember Carroll Fife. “It is critical to improve and modernize our libraries so more members of our community can utilize and enjoy them. I’m excited that the necessary renovations to the Main Library have been completed successfully and thank everyone involved, particularly the City team, who helped secured the necessary grant funds for this work.”

“I am proud of the City staff and project partners who kept this important project on schedule and under budget,” said Assistant City Administrator G. Harold Duffey. “The library is an incredibly important resource for our community members, and this project is an investment into the library’s future.”

“December 2nd was a momentous occasion for Oakland Public Library as we proudly reopened the doors of the Main Library following extensive infrastructure repairs,” said Director of Library Services Jamie Turbak. “Closing the Main Library for six months was no easy decision, as it serves as the central hub for our library system and is truly the heart of Oakland. Yet, this renovation was essential, representing more than just physical upgrades—it reflects our ongoing commitment to creating a safe, welcoming space for everyone.”

The City Administrator Jestin Johnson also attended the press conference and signalled his support for the completion of the record-setting completion of the renovations. Gay Plair Cobb, a newly appointed Library Commissioner said the Library represents the soul and brains of our community.

The Oakland Public Library secured funding for these crititcal repairs through a variety of sources. The California State Library’s Building Forward Library Facilities Improvement Program awarded the Main Branch $4.2 million. To comply with the grant terms, the City of Oakland provided matching funds through Measures KK, as approved by the Oakland City Council in October 2023.

The Main Library will host an Open House to celebrate the reopening on February 22, 2025, 10 a.m. – 5:00 p.m.

About the Oakland Public Library

The Oakland Public Library is a part of the City of Oakland in California and has been in existence since 1878. Locations include 16 neighborhood branches, a Main Library, a Second Start Adult Literacy Program, the Oakland Tool Lending Library, and the African American Museum and Library at Oakland (AAMLO). The Oakland Public Library empowers all people to explore, connect, and grow. Oaklandlibrary.org

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Biden’s Legacy Secured with Record-Setting Black Judicial Appointments

His record surpasses previous efforts by his predecessors. President Jimmy Carter appointed 37 Black judges, including seven Black women. In stark contrast, Donald Trump’s first term resulted in only two Black women appointed out of 234 lifetime judicial nominations. The White House said Biden’s efforts show a broader commitment to racial equity and justice.

Published

4 days ago

December 18, 2024

Oakland Post

iStockphoto.

By Stacy M. Brown
WI Senior Writer

President Joe Biden’s commitment to diversifying the federal judiciary has culminated in a historic achievement: appointing 40 Black women to lifetime judgeships, the most of any president in U.S. history.

Biden has appointed 62 Black judges, cementing his presidency as one focused on promoting equity and representation on the federal bench.

The White House said Biden’s efforts show a broader commitment to racial equity and justice.

Meanwhile, Trump has vowed to dismantle key civil rights protections, including the Justice Department’s Civil Rights Division.

“Having the Black woman’s experience on the federal bench is extremely important because there is a different kind of voice that can come from the Black female from the bench,” Delores Jones-Brown, professor emeritus at John Jay College of Criminal Justice, told reporters.

Lena Zwarensteyn of the Leadership Conference on Civil and Human Rights told reporters that these district court judges are often the first and sometimes the final arbiters in cases affecting healthcare access, education equity, fair hiring practices, and voting rights.

“Those decisions are often the very final decisions because very few cases actually get heard by the U.S. Supreme Court,” Zwarensteyn explained.

Biden’s nomination of Justice Ketanji Brown Jackson to the Supreme Court further reflects his commitment to judicial diversity. Jackson became the first Black woman to serve on the nation’s highest court.

Patrick McNeil, spokesperson for the Leadership Conference, pointed out that over half of Biden’s Black female judicial appointees have backgrounds as civil rights attorneys and public defenders, experience advocates consider essential for a balanced judiciary.

Meanwhile, Congress remains divided over the expansion of federal judgeships. Legislation to add 66 new judgeships—approved unanimously by the Senate in August—stalled in the GOP-controlled House until after the election. House Republicans proposed distributing the new judgeships over the next decade, giving three administrations a say in appointments. President Biden, however, signaled he would veto the bill if it reached his desk.

Rep. Jerry Nadler, D-N.Y., argued the delay was a strategic move to benefit Trump’s potential return to office. “Donald Trump has made clear that he intends to expand the power of the presidency and giving him 25 new judges to appoint gives him one more tool at his disposal,” Nadler said.