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SWA board suspends race- and gender-conscious procurement preferences, removes gender-identity references for two years
Summary
The Solid Waste Authority board voted 5-2 to suspend affirmative procurement preferences and references to gender identity in authority policies for two years, citing federal executive orders and concern about FEMA grant eligibility; staff will return with amended purchasing and personnel documents in August.
The Palm Beach County Solid Waste Authority board voted to suspend race- and gender-conscious procurement preferences and to remove references to gender identity from authority policies for a two-year period, citing uncertainty caused by recent presidential executive orders and concern that the authority could jeopardize FEMA disaster-recovery funding or expose staff and board members to certification-related liability.
Staff sought the suspension as an interim measure while legal questions about federal executive orders and implementation proceed through the courts. Executive Director Phil Pelowitz told the board the authority is a subgrantee to the state and that state and federal grant administrators regularly review purchasing manuals and handbooks. “I would not want them to receive a purchasing manual that has the language still in it,” Pelowitz said while presenting the staff recommendation to remove race- and gender-conscious language and to replace references such as SMWBE or MWBE with an exclusive reference to SBE (small business enterprise) until the board directs otherwise.
Board action and vote: Commissioner Woodward moved the staff recommendation and asked inclusion of an additional statement. Following discussion, Commissioner Bernard Powell offered a substitute motion to limit the suspension to two years and to require staff to return to the board within that interval or sooner if a relevant court ruling or federal action occurs. The substitute motion carried 5-2. Commissioner Weiss said he opposed the suspension on principle as an attack on local corrective procurement programs but voted with the majority to protect FEMA reimbursement eligibility; Commissioner Flores voted against the substitute motion.
What staff will do: the authority directed staff to immediately suspend race- and gender-conscious affirmative procurement initiatives in the purchasing manual, to cease enforcement or use of preferences based on race or gender in procurement, to return the purchasing manual in August with redlined amendments, and to remove references to gender identity from the employee handbook and the commercial nondiscrimination policy. Pelowitz said staff would adopt transitional language in the purchasing manual clarifying that references to SMWBE/MWBE/MWBE-style programs would be read as SBE only while the suspension remains in effect.
Why it matters: board members framed the action as an interim, legally cautious step to protect the authority’s eligibility for federal disaster grants and to avoid potential certification liabilities associated with grant submittals. Opponents on the board said the suspension undermines local efforts to address disparities for minority- and women-owned firms.
Next steps: staff will prepare amended procurement and personnel documents and return to the board at the August meeting; the suspension automatically lapses in two years unless the board extends it or a court ruling necessitates an earlier change.
