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Public hearing reaffirms calls for stronger enforcement, staffing and funding of St. Louis MWBE program

2090566 · January 9, 2025
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Summary

A public hearing drew contractors, trade groups and civil-rights advocates who urged the city to fund and staff stronger enforcement of St. Louis’s Minority- and Women-owned Business Enterprise (MWBE) program and to protect race-conscious remedies backed by the city’s disparity study.

Members of the public, contractors and advocacy groups used a committee hearing and listening session to press the city to strengthen enforcement, staffing and funding of St. Louis’s Minority- and Women-owned Business Enterprise (MWBE) program.

Witnesses representing MOCAN, the NAACP, trade contractors and local advocacy groups told the Housing, Urban Development and Zoning Committee the program — in place for more than 30 years — still faces enforcement and capacity problems that limit minority and female firms’ ability to compete for public and incentivized projects.

"We've asked for $10,000,000 to be put into the city's diversity program," Yacette Elamine, executive director of MOCAN Construction and Contractors Assistance Center, told the committee. Elamine recommended using one-time federal funds to invest in compliance staff, monitoring and capacity-building for minority and female firms, and she urged the city to rely on its disparity study when shaping any reforms.

Several speakers described recurring compliance problems that they said reduce the program’s effectiveness: late or token outreach to certified firms, weak site monitoring, slow or absent contractor payments and inconsistent enforcement of existing penalties. Elamine said the city has the rules on the books but lacks the staff to enforce them; she recommended doubling current MWBE staff, splitting compliance from certification, and contracting monitoring work to experienced local firms.

Adolphus Pruitt, president of the St. Louis City NAACP, warned against measures that would effectively make public projects "union-only," saying many minority contractors are nonunion and require flexibility to participate. Pruitt highlighted a procurement requirement for American Institute of Steel Construction (AISC) certification that, he said, would have excluded any local minority or female fabricator because none hold that certification in Missouri; he called for that language to be reworked to avoid unintended exclusion.

Multiple witnesses urged the committee not to abandon race-conscious remedies. Elamine cited the Richmond v. Croson Supreme Court decision as the reason the program must be "narrowly tailored" and defended using the city’s disparity study as legal support for continuing race-aware measures. Eddie Hassan, a long-time advocate and past MOCAN leader, said the program was set up after documented disparities and urged the city to "double down" on implementation rather than shrink goals out of fear of legal challenge.

Speakers offered specific policy suggestions: require primes to secure MWBE participation before a contract is awarded, restore or strengthen site-level monitoring (including verification that subcontractors were paid), impose meaningful penalties when goals are missed (examples included withholding tax abatements or charging shortfalls back to the developer, as some Illinois jurisdictions do), expand capacity-building and workforce-training investments (including more slots for city residents in pre-apprenticeship programs such as MoCAM), and set long-term, measurable targets for resident workforce participation.

Contractors and trade representatives — including Dory Harris, Michael Bledsoe, David Jackson Jr., Jeff White and others — described real-world effects on small firms: cancelled or unfulfilled subcontracts, payment delays, and requirements (such as union-only project labor agreements or high-level certifications) that functionally exclude capable minority- or women-owned firms. Several speakers urged slowing any rush to change the ordinance so community voices can be incorporated.

Committee members thanked witnesses and said the testimony will be used as the administration and SLDC develop any draft legislation. The chair and committee members said they do not intend to dismantle MWBE goals; several asked for additional written testimony and signaled more committee hearings and outreach to stakeholders before drafting or advancing ordinance changes.