Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Disparity Study topic
No spam. Unsubscribe anytime.
County counsel: disparity study reviews stalled by legal disagreements, contract lapse possible
Summary
County counsel told supervisors that Mason Tillman’s disparity (Croson) study—based on 2017–2020 data—remains under legal review after counsel provided detailed comments; counsel said unresolved factual and legal questions (including interpretation of recent U.S. Supreme Court cases) must be resolved before the study is finalized and said the vendor contract has expired and may require a time-only extension.
County counsel updated the Procurement & Contracting Committee on Nov. 17 about the status of the county’s Croson (disparity) study, saying legal review has identified unresolved factual and legal disagreements that must be reconciled before the report can be presented to the Board.
Andrea Weddle, chief assistant county counsel, said Mason Tillman & Associates was retained in September 2020 to prepare a disparity study using data from 2017–2020. Counsel’s office reviewed early drafts (chapters 1–8) and provided a set of detailed comments; Mason Tillman responded to those comments about five months later, but has not delivered a consolidated new draft incorporating all counsel edits. Weddle said some disagreements include different interpretations of recent U.S. Supreme Court precedents and other case law relevant to the study’s legal analysis.
Weddle said the study’s contract has expired (staff discontinued extensions while counsel compiled a full set of edits) and that the county may seek a time-only extension so Mason Tillman can respond. Counsel asked the full Board to provide direction on how to resolve disputes that cannot be reconciled in the draft: whether to require additional analysis, accept counsel’s recommended edits, or pursue other procedures.
Laura Lloyd from the Auditor’s office (project manager) confirmed the contract is expired and said the office can request a time-only extension depending on the extent of changes needed.
Supervisors emphasized the need to finish the work promptly and noted the study’s three-year data window (2017–2020) is several years old; counsel acknowledged a refresh could be required depending on whether the Board accepts recommended remedies.
Next steps: counsel will finish the legal review of remaining chapters, present counsel’s outstanding comments and proposed path for dispute resolution to the full Board in the near term, and staff will determine whether a time-extension or contract amendment is required for Mason Tillman to deliver revised chapters.
