County receives disparity study; staff say progress shown but executive order suspending race- and gender-conscious preferences remains in effect

The Palm Beach County Board of County Commissioners voted to receive and file a disparity study on Nov. 18 after staff outlined its findings and the current legal limitations.

Commissioner Bobby Powell introduced the item and noted the disparity study was completed under a contract with Griffin & Strong. County staff explained that while the study showed improvement for some groups, disparities remain in contracting in areas such as African American and Asian American participation in construction and certain professional services. The staff presentation included an explanation of what the study labeled "overutilization" in some categories and underutilization in others.

Staff also told the board that an emergency ordinance (2025-14) adopted earlier this year suspends race- and gender-conscious preferences in the county’s purchasing rules (specifically referencing chapter 2, article 3, division 2, part c of the county code) and that county practice must follow state executive orders and court outcomes. Administrator Abruzzo and staff said a future update would be necessary if state executive orders change or if court decisions permit preferences to be reinstated.

Commissioners asked questions about the study’s data and legal context; staff said they would update the analysis if preferences are ever legally restored so the board could compare outcomes with and without preferences. The motion to receive and file the disparity study carried 7-0.

Representative quote from staff explaining the current constraint: "We don't have the ability to have race and gender preferences until such time as there's either a change in the executive order, or there's any court decisions" (staff representative).