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May 27, 2004
Governor’s affirmative
action rules anger activists
Jeremy Schwab
Governor Mitt Romney angered activists of color
last June when he nixed the state’s affirmative action guidelines,
ordered that a new “diversity policy” be written and
gave little public notice of the changes.
Under pressure from activists and, eventually, black legislators,
Romney reinstated the guidelines temporarily while convening a
task force to propose new ones.
On Monday, controversy again flared when Romney’s
Diversity and Equal Opportunity Advisory Council presented its
proposed diversity guidelines at a State House forum. Activists
expressed concern that the guidelines lack strong enforcement
mechanisms and, noting the low turnout, complained that the information
had not filtered through to the public.
“This is precisely what got [Romney] in trouble beforehand,
doing something without letting the public know about it,”
said Julie Patiño, former deputy director of the State
Office of Affirmative Action. “There is no sense of learning
here. There is a sense of incorrigibleness and ultimately this
is about disenfranchising communities of color.”
The diversity council posted the guidelines May 10 on the human
resources department’s portion of the mass.gov website and
disseminated them to legislators of color.
Press blurbs were sent out to four Boston-based community papers
and to the Boston Herald and the Boston Globe announcing public
forums in Springfield, Boston and Worcester.
But few people attended the forum in Springfield last week, and
Monday’s Boston meeting had to be recessed for almost half
an hour because not enough people had signed up to testify.
Blame for the low turnout was passed around.
Ruth Bramson, who heads both the State Office of Human Resources
and the diversity council, said that the individual council members,
whose ranks include leaders of community groups and private-sector
human resource managers, were responsible for outreach.
“We expected they would let their memberships know,”
she told the Banner during the recess.
Legislators of color, who were also notified of the meetings over
a week in advance, apparently also did little to spread the word
to community groups.
“We did very little to be perfectly honest with you,”
said Rep. Benjamin Swan of Springfield, who heads the Massachusetts
Legislative Black Caucus. “I don’t think it has been
done in a very serious fashion because we expected the task force
to do it primarily.”
The caucus has been criticized by opponents of Romney’s
changes for not becoming involved sooner in opposing the changes.
Black legislators were informed last year of the coming changes
to affirmative action before they were announced on a Suffolk
County holiday. But the general public did not become aware of
the changes for months, and only after sustained activism by the
Union of Minority Neighborhoods and community advocates did black
legislators join the chorus of resistance.
Monday, Rep. Marie St. Fleur showed up toward the end of the hearing.
She stood up before the diversity council and suggested they extend
the deadline for public comment until another hearing can be held,
this time at Roxbury Community College. Bramson acquiesced to
her demands after denying a similar request earlier in the hearing
that the deadline be extended.
The public comment deadline for the 47-page document was originally
set for tomorrow, just two days after the Worcester meeting and
four days after the Boston one. Now it has been extended another
week, to June 4.
While Bramson said that “the new order would take nothing
away from existing [executive] orders,” the task force’s
proposed diversity guidelines differ significantly from those
instituted under former Governor Michael Dukakis.
Under Dukakis’ guidelines, which Romney will likely abolish
when he decides on new ones, the Office of Affirmative Action
reports directly to the governor on the performance of state agencies
in the areas of diversity in hiring and equal treatment of employees.
The proposed plan calls for the newly created Office of Diversity
and Equal Opportunity, which replaces the Office of Affirmative
Action, to report such information to the state Human Resources
Department.
Activists charge that by placing one more person in between the
governor and agency-level civil rights officers, the proposal
sends the signal that hiring and workplace discrimination complaints
are of lesser importance.
The new proposal also calls for each secretariat, or group of
agencies, write its own diversity policy, to which the diversity
office would then hold that secretariat accountable.
The plan spells out in detail protections for Vietnam-era veterans
and disabled people — groups the state is required to protect
under specific affirmative action mandates — but devotes
comparatively little space to protections for people of color
and women.
Sandra Borders, the director of the diversity office, outlined
some improvements that she said have been made upon the old executive
policy.
“We broadened it to age discrimination,” she said.
“We dropped the wait period for hiring and discrimination
complaints from 17 weeks to nine weeks.”
The new guidelines also require that all service providers with
which the state contracts must provide affirmative action plans
before their contracts are awarded. Previously, only contractors
being paid over $50,000 had to meet that standard.
The date for the forum in Roxbury that Bramson agreed to has not
been announced, but it will take place at Roxbury Community College
one evening next week, according to Borders. For updated information
on the day and time of the meeting, call 617-878-9700.
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