Columbus council holds hearing on proposed Title 39 changes for Office of Diversity and Inclusion

Columbus City Council held a public hearing on proposed changes to Title 39 of the Columbus City Code on Oct. 25, 2025, during which the deputy city attorney and the director of the Office of Diversity and Inclusion (ODI) described a plan to revise how the city sets procurement goals and incentives for certified businesses. The proposals include new "small regional business enterprise" and "regional business enterprise" categories and would shift bid goals and incentive points away from race- and gender-based criteria toward size- and geography-based criteria while retaining certification tracks for minority-, women-, veteran- and LGBTQ-owned firms.

The hearing focused on legal risk and operational steps. Deputy City Attorney Laura Baker Morris told council that Title 39 programs were grounded in federal law and court precedent but observed that recent federal litigation and executive actions have changed the legal landscape. "The potential negative impact of running a foul of some of the provisions of those executive orders can include not only the loss of considerable federal funding, but also the potential for prison terms and penalties," Morris said, summarizing why the administration seeks code changes now. She also said the U.S. Court of Appeals for the Sixth Circuit has issued guidance applicable to Columbus that affects when race- or gender-conscious remedies can be used.

ODI Director Jason Jenkins described the proposed program changes as a way to "modernize" and expand the office's reach. Jenkins said the city would add two new, race-neutral designations that would be sized by revenue and employee counts and would cover businesses across Ohio. "With the estimates that we have, all of the 93% of our certified businesses currently have the potential to be transferred over to the small regional business program with the numbers that we're looking at," Jenkins said. He also outlined complementary measures under consideration: an availability study to map the local and regional business pool, a plan to conduct a new disparity study in 2026, a prime-mentorship program, a shelter-market program to reserve smaller contracts for similarly sized firms, a dispute-resolution process for subcontractor grievances, and procurement-tracking software (B2G) to capture spend data.

Public testimony included in-person and written statements. Jay Avery Frost, who filed written comments and spoke at the hearing, urged caution about race-neutral approaches and cited the city's earlier disparity study (data collected 2012'115) to argue that race-neutral policies can dilute gains: she said African American firms represented up to 22.5% of available contractors but received as little as 3% to 7% of awards, and that "collectively, between 2012 and 2015, African American firms missed over $84,000,000 in potential contract opportunities." Gail Saunders, founder and CEO of Saunders PR Group and a certified minority- and woman-owned business, told council the ODI has been "a lifeline" for small and minority-owned firms and asked that any revisions preserve the office's capacity and resources. The council accepted three written testimonies into the record (Lashandra Baker, Shalane Hutchinson and a later-submitted statement from Rachel Wenning).

Council members and leadership framed the hearing as information-gathering rather than a decision point. Chair Bankston opened the meeting describing the session as an opportunity to be "transparent and make sure that voices are heard." Council President Hart (also referenced in remarks as Council President Harden in the hearing) emphasized that "nothing has been decided" and urged the city to move carefully. Council likewise heard that the ordinance containing the proposed changes (referred to in the hearing as ordinance 2116-2025) was referred back to committee on July 28, and that there is no set date to return it for a vote.

Next steps described at the hearing: ODI and the administration plan to begin an availability study promptly; Jenkins and legal staff said a refreshed disparity study would be completed in 2026 if the availability study and initial race-neutral measures are implemented. Council members requested more specific definitions of size thresholds and mapping of how existing certified firms would be transitioned. No motion or final legislative action occurred during the hearing.

The hearing illustrated the competing priorities the council must balance: protecting the city's exposure to federal enforcement or funding loss, while preserving programs and procurement practices that community advocates say created pathways for minority- and women-owned firms to build capacity. Council leaders said they will continue negotiations with the administration, the city attorney's office and community stakeholders before choosing any legislative path forward.

The record of the hearing and three written statements were added to the committee file; the ordinance remains referred to committee with no return date set.