ACCA Newsletter - ACCA...Integrity, Courage, Commitment

ACCA Newsletter
A Publication of the American Contract Compliance Association
April 2012
Volume 2, Issue 1
Tammi Davis
Editor
[email protected]
Special points of
interest:
 Is your membership
current? Visit http://
www.accaweb.org/
acca_membership.html
for more information.
 Contact your Regional
Coordinator for more
information on how to
get involved. See page 3.
President’s Message
Dear ACCA Members, Supporters and Colleagues,
The success of the ACCA’s 25th annual National Training Institute (NTI) was due in
large part to the hard work of the 2011 Host Committee. The current Board of
Directors played a pivotal role during the Minnesota State government shutdown by
stepping up to the plate and building on the work initiated by the 2011 Host Committee. Orlanda Klinkhammer, the co-chair of the 2011 NTI Host Committee,
demonstrated her leadership and passion for ACCA by jumping back into the planning process without skipping a beat once the Minnesota State government shutdown ended. The revenue generated by the Minnesota NTI allowed the organization to retire incurred debt and start 2012 with an operating budget that is on
track to reinforce the organization’s infrastructure.
There are several exciting activities in process as this newsletter goes to print.
Below represents a small fraction of the completed, current or planned activities
for 2012:

Inside this issue:


New Board
Members
Volunteer
Opportunities

2


2


Changes to
Bylaws
3
New Regional
Coordinators
3
5
Training Institute
7
Save the Date
Legal Update
Justin Talbot-Stern is leading the ACCA membership committee to revamp our membership database
and update our website.
Michael Martin and Colette Holt led the project to revise and update the organization’s by-laws.
Bessie Papailias has initiated a more efficient process to ensure tax filings stay current and is working
with a Certified Public Accounting firm to conduct a financial audit of the past 3 years.
Candace Waterman is exploring an on-line product that will enhance the educational opportunities
ACCA provides to public organizations and private sector firms.
Jan Lawson is working with me to develop more efficient nomination and election processes for open
positions for our Board of Directors.
Greg Jennifer is leading the charge of redesigning the annual ―Think Tank‖ into a robust ―Executive
Leadership Institute‖.
Lisa Alexander is working with Lynn Newsome and our Philadelphia colleagues in developing a dynamic
2012 NTI.
The Executive Committee is looking to develop new relationships and strengthen existing partnerships
with other non-profits with similar goals and objective as adopted by ACCA.
While it may seem that we have an ambitious organizational 2012 work plan, I can attest that the committed members of the Board of Directors are more than capable of taking on this work with a focused and
deliberate approach. Those of you with the time, expertise and skills to assist us should consider helping
move the organization forward by volunteering for these and other efforts that satisfy your interests.
See you in Philadelphia!!
Jerry
Training Institute
4
Highlights
2011 Industry
Award Winners
& Graduates
ACCA President
Jerry Walker, MCA
Economic Equity Program
Director
Home Forward
Portland, Oregon
8
Membership Renewal Time!
It’s time to renew your membership for 2012. Memberships
are current only for the calendar year (January 1— December
31). Therefore everyone must
renew for 2012 unless you took
advantage of the two-for-one
offer in 2011.
Annual membership dues are
only $100 and qualifies you for a
$125 discount on your National
Training Institute registration for
that year. Additional benefits
include:
 Membership Directory
 Quarterly ACCA Newsletter
 Monthly ACCA eBlast
 ACCA Legal Counsel Alerts
and Updates
 Access to a National Network
of Compliance Professionals

Access to ―Members Only‖
Section on ACCA Website
Visit http://www.accaweb.org/
acca_membership.html for
more information.
If you have not received a
membership renewal postcard,
please email your Regional
Coordinator or Justin TalbotStern at [email protected].
Page 2
ACCA Newsletter
Welcome New Board Members!
As a result of our 2011 elections held in
Bloomington, Minnesota, the following 2
new Board Members were elected to
serve a two-year term for 2012—2013:
The following Board Member was reelected in Bloomington to serve another two-year term for 2012 – 2013
Jan Lawson
Director of Business Development &
Contract Compliance
City of Austin/Austin Energy (TX)
Lynn T. Newsome
Compliance Director
Office of Housing and Community
Development
Philistine Ferrand
DBE Liaison Officer
Louis Armstrong New Orleans
International Airport (LA)
Connie Ng-Wong
Contract Compliance Officer
Port of Oakland (CA)
These Board Members for 2012 are:
Additionally, in October 2011, the
Board of Directors voted to fill the
remaining 3 vacant seats for a one-year
term. After which time, these seats will
be filled for 2013 via the 2012 nomination and election process in Philadelphia.
Karen Moss-Barnes
Fair Share Coordinator
City of Shreveport (LA)
Kerry Kirkland
President
Kirkland Consulting (PA)
For a complete listing of ACCA Board
Officers and Directors, please visit ACCA website at www.accaweb.org.
2012 Standing Committees
As a volunteer
organization, ACCA’s Standing Committees
are essential to its operations throughout
the year. Please consider
CENTRAL
MID-ATLANTIC
NORTHEAST
sharing your talents by participating on one of these committees. A brief description is shown below along with the contact
REGION
information ofREGION
the Committee Chair for more information
or if you are interested in joining their team.REGION
Tammi Davis, MCA
Martin Lee, CCA
Barbara L. Oliver, MCA
Bylaws
Legislation
Chief of Operations
Contract Compliance/EEO Officer
Deputy Director
Maryland Department of
Office of Economic Opportunity One
Trinal,
Inc.
This committee shall review the Bylaws and/or operating
This committee shall identify and monitor legislation pertinent
Parkway Building
329 W.18th
Street, Suite:
401Board of Directors Transportation
procedures
and recommend
to the
to the area of contract compliance, and shall report
Chicago,
Illinois
7201
Corporate
Center
Drive
1515
Arch
Street, 12th Floor
amendments and changes thereto.
developments and make recommendations.
Hanover, Maryland 21076
Philadelphia, PA 19102
(312) 738-0500, Ext. 223
Michael Martin (TX)
Lynn Newsome
(PA)683-2160
(410) 865-1397
(215)
[email protected]
2nd Vice President
[email protected]
[email protected]
[email protected]
[email protected]
SOUTHERN
REGION
Education, Training and
WESTERN
REGION
Beverly Johnson (CA)
[email protected]
Membership, Publications, and
Professional
Development
Technology
Dr. Bridget S. Lee
Cinna’Mon Williams, MCA
Diversity Coordinator
Procurement & Contracts Manager
Michael J. Martin, MCA
This committee shall develop and implement approved
This committee shall devise meansSr.
of securing
members
and
Contract
Compliance
Orlandodevelopment
Utilities Commission
professional
seminars and/or workshops, Homeforward
develop a process for dissemination of allOfficer
information to the
Plaza Training Institute.
135 SW Ash
Street
including the Reliable
annual National
public
and its members including
maintenance
of ACCA’s
Houston
Airport System
Office of
100 West Anderson St.
Portland, Oregon
97204
website.
Business
Opportunity
Lisa Alexander
P.O. BOX 3193 Orlando,
FL 32802(IL)
(503) 802-8533
18600 Lee(AZ)
Road, Suite: 151
1st Vice President [email protected]
Justin Talbot-Stern
(407) 434-4003
Humble,
[email protected]
[email protected] Texas 77338
[email protected]
(281) 233-7861
[email protected]
Finance, Grants and Fund-Raising
This committee shall advise on expenditure of funds and
develop and implement a fund-raising strategy.
Bessie Papailias (CA)
Treasurer
[email protected]
Volume 2, Issue 1
Page 3
Summary of 2011 Bylaws Changes
On July 22, 2011, the Board of
Directors adopted the revised
Bylaws and made them effective immediately.
Changes:
 Annual dues cover the calendar year for which they were
paid.
 New eligibility requirements
all Board Members and Officer have received their
certification as a Contract
Compliance Administrator
(CCA) and that they be
members in good standing
for the last two consecutive
years and last three consecutive years for Board Members and Officers respectively.
 Term of office for Regional
Coordinators is two years.
 Minimum notification period
for Special Meetings is one
week.
 A majority of the Board of
Directors shall constitute a
quorum.
 Article III Section 7 Removal
Additions:
 Article II. Section 5 Resignation
Please visit www.accaweb.org
for a copy of current ACCA
Bylaws.
of Officers
 Article VII Section 2 Eligibility (Regional Coordinators)
 Article VII Section 3 Number
and Election (last sentence)
 Article IX Section 3 Conduct
of Election (last paragraph)
Clarification:
 Article X Section 1 Time,
Place and Content
2012 - 13 Regional Coordinators
CENTRAL REGION
MID-ATLANTIC REGION
Tammi Davis, MCA
Chief of Operations
Trinal, Inc.
329 W.18th Street, Suite: 401
Chicago, Illinois 60616
(312) 738-0500, Ext. 223
[email protected]
Martin Lee, CCA
Contract Compliance/EEO Officer
Maryland Department of Transportation
7201 Corporate Center Drive
Hanover, Maryland 21076
(410) 865-1397
[email protected]
NORTHEAST REGION
SOUTHERN REGION
Barbara L. Oliver, MCA
Deputy Director
Office of Economic Opportunity (OEO)
One Parkway Building
1515 Arch Street, 12th Floor
Philadelphia, PA 19102
(215) 683-2160
[email protected]
Dr. Bridget S. Lee
Diversity Coordinator
Orlando Utilities Commission
Reliable Plaza at 100 West Anderson St.
P.O. BOX 3193 Orlando, FL 32802
(407) 434-4003
[email protected]
WESTERN REGION
CHAIR/BOARD LIAISON
Cinna’Mon Williams, MCA
Procurement & Contracts Manager
Homeforward
135 SW Ash Street
Portland, Oregon 97204
(503) 802-8533
[email protected]
nd
ACCA 2 Vice President
Michael J. Martin, MCA
Sr. Contract Compliance Officer
Houston Airport System
Office of Business Opportunity
18600 Lee Road, Suite: 151
Humble, Texas 77338
(281) 233-7861
[email protected]
ACCA 5 Regions are
comprised of the
following states:
CENTRAL
Illinois, Indiana,
Iowa, Kansas,
Michigan,
Minnesota,
Missouri,
Nebraska,
North Dakota,
South Dakota,
Oklahoma,
Texas,
Wisconsin
MID-ATLANTIC
District of Columbia,
Maryland,
North Carolina,
South Carolina,
Virginia,
West Virginia
NORTHEAST
Connecticut,
Delaware, Maine,
Massachusetts,
New Hampshire,
New Jersey
New York, Ohio,
Pennsylvania,
Rhode Island,
Vermont
SOUTHERN
Alabama, Arkansas,
Florida, Georgia,
Kentucky,
Louisiana,
Mississippi,
Puerto Rico,
Tennessee,
Virgin Islands
WESTERN
Alaska, Arizona,
California,
Colorado,
Hawaii, Idaho,
Montana, Nevada,
New Mexico,
Oregon, Utah,
Washington,
Wyoming
Page 4
ACCA Newsletter
Highlights from 2011 Annual National Training Institute
In 2011, Minnesota hosted the
25th annual ACCA National
Training Institute (NTI), with
the theme ―Creating Collaboration‖ in Bloomington, Minnesota at the Double Tree Hotel,
near the Mall of America.
“Hosting ACCA’s
25th Annual
National Training
Institute
was an honor for us
and we hope that
being in Minnesota
made it a
memorable
experience for the
attendees! ”
Orlanda Klinkhammer
and Mary Prescott
2011 Co-Chairs
The focus was on providing
professionals from across the
country with a higher level of
understanding and expertise
focusing on building relationships through a shared understanding of stakeholder perspectives as an essential element for future partnerships.
We had great attendance and
wonderful speakers that participated in the weeks Education as
well as outing created by the
host committee.
in Minnesota, I know that the
2012 NTI will be as successful
if not more.
Minnesota wanted to make this
event a fun and memorable
event for all attendees. One
way of doing so was to hold a
star search of where is Orlanda
However, training and education were the main focus and
the attendees were trained by
the best!
Building on the foundation set
Orlanda Klinkhammer
2011 NTI Co-Chair
View photos from the training at
trinalinc.shutterfly.com/pictures.
2011 National Training Institute Supporters
Each year ,ACCA reaches out
to organizations across the
county that share ACCA’s
vision to educate compliance
practitioners, to support economic diversity and to promote
equitable employment and
contracting practices within
public and private sector institutions
Thanks to the efforts of the
local Host Committee and
ACCA’s Board of Directors,
we were able to obtain key
financial support from the following organizations:
Platinum Plus Level:
 Minnesota Department of
Transportation (MN)
Platinum Level:
 City of Austin and Austin
Energy (TX)
 Turner Construction (NY)
Diamond Level:
 Armand Resource Group,
Inc. (NJ)
 Business Diversity Institute
(OR)
Gold Level:
 City of Portland (OR)
 Multnomah County (OR)
 NERA Economic Consulting
(TX)
 Cook County (IL)
Silver Level:
 City of Fort Worth (TX)
Additional Supporters
Bronze Level:
 AECOM (TX)
 Andrews Kurth LLC (TX)
 B2GNOW (AZ)
 Broward County Aviation
Department (FL)
 Early Morning Software
(MD)
 Houston Airport System
(TX)
 International Brotherhood of
Electrical Workers (IBEW)
Local 716 (TX)
 Jacobs Engineering (VA)
 Trinal, Inc. (IL)
 Women’s Business Enterprise National Council (DC)
Friends Level:
 Austin Area Black Contractors Association (TX)
 East Bay Municipal Utility
District (CA)
 Fulton County (GA)
 Gensler (TX)
 Home Forward (OR)
 Manhattan Construction
(TX)
 Midwest Construction (MN)
 North Central Contract
Compliance Association (PA)
 Port of Oakland (CA)
 Anthony/Tracie Snipes (TX)
ACCA wishes to express our
sincere gratitude to these listed
organizations for being our
partners in 2011 and hope they
will be repeat partners for
2012.
Volume 2, Issue 1
Page 5
2011 Award Winners!
Arthur A. Fletcher
Vanguard Award
City of Portland, Oregon
Parren J. Mitchell
Crusader Award
Jan Lawson
Director of Business Development
& Contract Compliance
City of Austin/Austin Energy
Austin, Texas
President Award
Gabriele M. Mack
Vice President for Business Diversity and Strategic Markets
Jacobs Engineering
Arlington, Virginia
Regional Coordinator
of the Year
Carol Hadnot
Senior Consultant
Business Resource Consultants
Austin, Texas
Special Recognition was given
to ACCA Past Presidents:
 Robert Harrison
 Kerry Kirkland
 Jarvis Patton
 Lenoria Walker
 Marvin Taylor
 Beverly Johnson
 Felecia Hill
And to ACCA Founding
Members:
 Robert Harrison
 Kerry Kirkland
 Leonard Miller
 Marvin Taylor
 Bonnie Jellinek
These award winners were
honored during a special ACCA 25th Anniversary Reception on August 18, 2011 at the
National Training Institute.
A special thank you also went
to outgoing Board Officers and
Members .
2011 CCA Graduates
Jan Lawson
Parren J. Mitchell
Crusader Award
Recipient for 2011
“Congrats to Jan
Lawson and the
 Gladys Bedenfield
 Cheryl Lee
 Jessica Van Wert
 Joan Bizzelle
 Ana McCoy
 Allene Renee Watson
 Craig Campbell,
 Ronalda Minnis
 Cynthia Weyrens
 Earlene Candace Boykins
 Margarita Moreno
 Ade Williams
 Celeste Diaz
 Sheena Morgan
 Janice Williams
recipients of
 Debra Dibble
 Arneja Riley
 Jill Wolf
ACCA’s most
 Malika Edwards
 Janice Ruley
 Shirley Wong
 Cassandra Fulton
 Lynn Schultz
 Brian Jones
 Felicia Strong-Whitaker
 Sandra Langford
 Frank Valtierra
City of Portland for
being the first
prestigious awards
other than the
awards
namesake!”
2011 MCA Graduates
 Roxanne Crossland
 Alicia Prentiss
 Toney Dixon
 Shirley Stanford
 Tracey A. Edwards
 Stella Vargas
 Sandra Greene
 Felicia Wallace
 Valencia Hainesworth
 Sharon Walker
 Andriana Hinojosa
 Angela Watkins-McKenzie
 Ruby Jones
 Candace Waterman
 Nancy Mercado
 Darcel Webb
 Shurronda Murray
 Paula Wendorf
 Linda Perryman
CONGRATULATIONS to
our graduates who stayed committed to completing their
CCAs and MCAs!
A SPECIAL THANKS to
our university partner :
Center for Continuing
and Professional Studies
Baltimore, Maryland
Page 6
ACCA Newsletter
Snapshots From 2011 National Training Institute
Kerry Kirkland
ACCA Founder
“The 21 hours
plus of
classroom
training and
networking are
priceless!”
Jerry Walker
ACCA President
Volume 2, Issue 1
Page 7
Integrity  Courage  Commitment
American Contract Compliance Association (ACCA)
Vision
To have ACCA recognized as the leading national organization that provides a training institute to
educate compliance practitioners, support economic diversity and promote equitable employment
and contracting practices within public and private sector institutions.
Mission
17 East Monroe Street #150
Chicago, IL 60603
Phone: (866) 222-2298
Fax: 510-287-2158
To deliver ongoing comprehensive training and certification to practitioners working within the fields
of Affirmative Action, Contract Compliance, Minority/Women/Disadvantaged/Small/Emerging Business
Enterprise, Labor Compliance, Economic & Business Development, and Equal Employment Opportunity
Injustice anywhere is a threat to justice everywhere.
Martin Luther King, Jr.
Legal Insight
Visit us on the Web:
www.accaweb.org
We want to hear from you!

What’s happening in your
region?

Have a concern or topic
that you would like covered
in the next issue, online or
at the Training Institute?

Want to get involved but
not sure where to start?
Contact
Your Regional Coordinator
or
any Standing Committee Chair
ton State Department of Transportation.
Court Upholds
Caltrans’ DBE Program for
Federal Contracts
The district court in San Diego
has upheld the California Department of Transportation’s
Disadvantaged Business Enterprise (DBE) Program for federally-assisted contracts. The San
Diego Chapter of the Associated General Contractors of
America (AGC) sued Caltrans
in federal court, alleging that
the DBE program under 49
C.F.R. Part 26 as implemented
by Caltrans is ―reverse discrimination.‖ To assist in the defense of the program and ensure that the interests of the
DBE community were fully and
vigorously represented, the
Coalition for Economic Equity
and the San Diego Chapter of
the NAACP intervened as defendants in the lawsuit on behalf of minority and women
firms.
Despite the case law establishing the parameters for upholding DBE programs, the AGC
argued that the Department
must prove it or its prime contractors intentionally discriminated against minorities and
Colette Holt
ATTORNEY AT LAW
OAKLAND, CA
ACCA GENERAL COUNSEL
women; that statistical disparities, coupled with anecdotal
evidence, are insufficient to
support the use of DBE contract goals; and that the program is ―overinclusive‖ because
the rate of disparities between
the availability of DBEs and
their utilization on Caltrans’
contracts varied across industries and racial and ethnic
groups and gender. Caltrans
relied upon its disparity study
that documented extensive
discrimination against DBEs to
support its resumption of contract goals after their suspension as a result of the 2006
Ninth Circuit decision in Western States Paving Co. v. Washing-
The DBE intervenors retained
their own experts, and established that Caltrans’ goal of
only 6.75% for the utilization of
DBEs ―but for‖ the effects of
discrimination is based on a
very conservative disparity
study methodology that greatly
understated the extent of discrimination by imposing artificially low estimates of DBE
availability. Caltrans’ restricted
program was therefore certainly constitutionally adequate
under strict scrutiny because it
does less than is permissible
under the Constitution and the
federal regulations. The DBEs
also introduced declarations
that described the extensive
barriers they face in attempting
to compete for Caltrans’ prime
and subcontracts.
After briefing, the court upheld
Caltrans' implementation of the
DBE program and granted summary judgment in favor of the
Department and the Intervenors without a trial. The AGC
has appealed to the Ninth Circuit Court of Appeals. Stay
tuned . . .