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Solid Waste Authority temporarily suspends race- and gender-conscious procurement preferences amid federal executive-order uncertainty
Summary
SWA staff told the board that recent federal executive orders and uncertainty about how grants will be interpreted could jeopardize FEMA reimbursements and expose staff or board members to liability if the authority’s procurement and inclusion policies are not aligned with federal guidance.
SWA staff told the board that recent federal executive orders and uncertainty about how grants will be interpreted could jeopardize FEMA reimbursements and expose staff or board members to liability if the authority’s procurement and inclusion policies are not aligned with federal guidance.
Why it matters: The authority is a sub-grantee of state and federal disaster funding. Staff said the authority must align its purchasing manual and employee handbook with federal certification language to avoid risking federal reimbursements for debris removal after a disaster.
What staff recommended: An SWA staff member asked the board to direct staff to immediately suspend diversity, equity and inclusion (DEI) programs that rely on race- or gender-conscious preferences, to remove references to gender identity in the employee handbook and in commercial nondiscrimination policy, to rescind race/gender-based preferences in procurement and to revert to a race- and gender-neutral small business designation (SBE). Staff asked to return in August with an amended purchasing manual and suggested the changes remain in place until further board direction or definitive court rulings.
Board debate: Commissioners expressed differing views. Commissioner Weiss said she opposed the policy change as an attack on local control but would support the staff recommendation to protect FEMA funding; other commissioners asked about the length of a suspension and whether the board needed a specific timeline. Commissioner Flores asked whether the authority’s vote threshold matched the county’s higher threshold; staff clarified the authority requires only a majority vote.
Final action: The board adopted a substitute motion to suspend the listed race- and gender-conscious programs and to have the suspension automatically return to the board in two years or sooner if courts or federal action require earlier reconsideration. The substitute motion passed 5-2. Staff will post amended language and return in August with a revised purchasing manual.
Ending: The board’s action was framed as a temporary compliance step meant to protect the authority’s access to federal disaster funds while retaining the ability to reconsider the policies when the legal landscape is clearer.
