Madison Metropolitan School District
Board of Education Policies and Procedures

POLICY	AFFIRMATIVE ACTION REQUIREMENTS FOR VENDORS AND CONTRACTORS	6600 Operation

The BOARD of EDUCATION is committed to fair and equal employment opportunities for all persons. Affirmative Action policies and procedures govern the hiring of District staff. By this policy, the BOARD requires major vendors to adopt and implement similar policies as a condition of doing business with the District.

PROCEDURE	AFFIRMATIVE ACTION REQUIREMENTS FOR VENDORS AND CONTRACTORS	6600 Operation

1. Definitions:
   1. "Target group individuals" means women, individuals who identify themselves as of Hispanic, African, Asian, or American Indian descent, and individuals with a disability as defined in s. 111.32(8) Wis. Stats.
   2. "Major Vendor" means a person who sells, or offers to sell, goods or services to the Madison Metropolitan School District through the District's negotiated or bidding process in an aggregate amount of $25,000 per year or more, and who employees at least fifteen persons. The definition of major vendor also does not include (1) vendors whose goods or services are selected by the District under other non-Madison School District procedures such as the State of Wisconsin Procurement Policy and Procedure. BOARD approval is not required to select such vendors provided that the procedures under which the vendors were selected include an Affirmative Action Requirement for vendors, or (2) vendors from whom the District purchases books and other learning materials that are approved by the "Learning Materials" Committee pursuant to the evaluation process set forth in BOARD Policy 3611.
   3. A "Good faith effort" means action satisfactory to the District that is taken by a vendor to meet the District's contract requirements as set forth in Paragraph 3 of this policy.
2. Plan Required to be Adopted, Filed, and Certified:

   Each major vendor shall adopt a plan to employ target group individuals consistent with their availability in the relevant labor market. This plan shall include a reasonable grouping of jobs in the vendor's workforce, an analysis of the availability of members of each target group for each job group, an analysis of the utilization of target group members in the vendor's workforce and steps which are being, or will be taken to remedy any underutilization shown by whether or not the employment goals in the plan have been met. A plan may be on file with the following agencies: State of Wisconsin Department of Administration, Development, or Transportation; County of Dane or Milwaukee; City of Milwaukee, Milwaukee Metropolitan Sewerage District; Milwaukee Joint Certification Program; City of Madison or the Madison Metropolitan School District.

3. Contract Requirements:

   Whenever a major vendor submits a bid or enters into negotiations for the sale of goods or services to the School District, it shall indicate (1) with what agency the plan is on file, (2) whether or not the plan is certified, and (3) whether the employment goal(s) stated in the plan has/have been achieved. If a major vendor has not met each one of the above stated three enumerated requirements, the vendor shall submit a statement and documentation which demonstrates that the vendor has made, is making or will make a good faith effort to meet each one of the requirements that has not been met. In order to demonstrate that the vendor has made, is making or will make a good faith effort in a timely manner as determined by the MMSD, the vendor shall properly analyze appropriate job classifications within the organization to determine if women or minorities are being underutilized (i.e., if fewer minorities or women are employed in a particular job classification than would be expected by their availability in the labor market area). (Seek technical assistance from the District's Contract Compliance Officer if you do not know how to properly analyze the job classifications or if you are not sure which job classifications are appropriate). In order to demonstrate that the vendor will make a good faith effort after such analysis, if there is an underrepresentation of minorities or women in any job classification in a timely manner as determined by the MMSD, the vendor will:

   1. Develop realistic goals for the employment of women and minorities who are underrepresented in such job classifications.
   2. Develop a timetable for achieving the goals.
   3.  
      1. Develop a written recruitment activity plan which is a detailed strategy that outlines specific steps that will be taken to attract minorities and women in the appropriate job classifications in which minorities and women are underrepresented and
      2. Implement the written recruitment activity plan at a minimum by:
         1. Prominently displaying on your bulletin boards or in common areas the fact that you are an equal opportunity employer.
         2. (If minorities are underrepresented in certain job classifications, for each vacancy in such job classification) placing an advertisement in a media outlet that caters to minorities. Such advertisement should describe the job and indicate that the vendor is an equal opportunity employer and that minorities are encouraged to apply.
         3. (If women are underrepresented in certain job classifications, for each vacancy in such job classification) placing an advertisement in a media outlet that caters to women. Such advertisement should describe the job and indicate that the vendor is an equal opportunity employer and that women are encouraged to apply.
         4. (If minorities are underrepresented in certain job classifications) corresponding in writing to local advocacy agencies such as community-based organizations, minority trade unions, etc., that you have job vacancies in job classifications for which minorities are underrepresented, describe the job and indicate that you are an equal opportunity employer and that minorities are encouraged to apply.
         5. If women are underrepresented in certain job classifications, corresponding in writing to local advocacy agencies such as community-based organizations, local trade unions, etc., that you have job vacancies in job classifications for which women are underrepresented, describe the job, indicate that you are an equal opportunity employer and that women are encouraged to apply.
         6. Writing a letter encouraging current racial/ethnic minorities and women employees to assist in the recruitment of prospective racial/ethnic minorities and women employees.
         7. Ensuring that all job descriptions reflect actual job duties and are job related.
         8. Having a written discrimination complaint procedure in place that is publicized to all employees.
         9. Reviewing all hiring policies and practices to ensure that they are non-discriminatory.
         10. Hiring, where possible, minorities and women in job classifications in which they are underrepresented.

      A vendor may be prequalified to meet the requirements set forth herein. Instructions for being prequalified and for providing the necessary documentation shall be included in the Request for Proposals, Request for Information, or other solicitation issued by the District. A vendor may request and receive technical assistance from the District as to what is required by this policy, including what constitutes a good faith effort.

4. Reporting:

   The Contract Compliance Officer of the District may require reports from vendors awarded contracts to determine whether they are in compliance with their plans and/or good faith efforts. Vendors shall maintain and submit records at the request of the District for purposes of compliance review. The District shall follow established Office of Federal Contract Compliance Programs and Equal Employment Opportunity Commission procedures for on-site visits, desk audits, project reviews and other compliance and reporting requirements.

   Employment goals for construction contracts shall be measured in total hours expended on the projects by target group individuals by job group, broken out for race, sex, and disability. All other employment goals shall be reported by showing the number of employees by position, broken out for race, sex, and disability.

5. Noncompliance and Penalties:

   If a vendor:

   1. Indicates that it has made, is making or will make a good faith effort; and
   2. Is awarded a contract with the District, but such vendor subsequently fails to make a good faith effort in a timely manner as determined by the District, then the SUPERINTENDENT or his/her designee may, after hearing the vendor's defense or justification, declare the vendor ineligible for future District contracts until such noncompliance is remedied and may take any other action the SUPERINTENDENT or his/her designee deems appropriate.
6. Records and Reports:

   Purchasing officers and/or the Contract Compliance Officer of the District shall maintain records of the District's activities under this policy, including:

   1. Operating procedures for notifying potential vendors of the requirements of this policy;
   2. Technical assistance forms;
   3. List of District vendors;
   4. Assessment data on vendor compliance with their plans;
   5. Staff direction, program policies and priorities, and problem areas;
   6. An annual report to the BOARD of EDUCATION, SUPERINTENDENT, and ASSISTANT SUPERINTENDENT for BUSINESS on activities undertaken by staff in furtherance of this policy.
7. This policy shall take effect January 1, 1991.

6/2/03

Last Updated: Tue Jul 10 14:19:42 2007
This page's URL: http://www.mmsd.org/policies/6600.htm
Comments, suggestions or questions: comments@madison.k12.wi.us
Web Publisher: Chris Burch, cburch@madison.k12.wi.us
Technical issues: webmaster@madison.k12.wi.us