acca newsletter - acca complianceaccaweb.org/docs/accanewsletter_vol2issue1_april2012.pdfdear acca...
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Dear ACCA Members, Supporters and Colleagues,
The success of the ACCA’s 25th annual National Training Institute (NTI) was due in
large part to the hard work of the 2011 Host Committee. The current Board of
Directors played a pivotal role during the Minnesota State government shutdown by
stepping up to the plate and building on the work initiated by the 2011 Host Com-
mittee. Orlanda Klinkhammer, the co-chair of the 2011 NTI Host Committee,
demonstrated her leadership and passion for ACCA by jumping back into the plan-
ning process without skipping a beat once the Minnesota State government shut-
down ended. The revenue generated by the Minnesota NTI allowed the organiza-
tion to retire incurred debt and start 2012 with an operating budget that is on
track to reinforce the organization’s infrastructure.
There are several exciting activities in process as this newsletter goes to print.
Below represents a small fraction of the completed, current or planned activities
for 2012:
Justin Talbot-Stern is leading the ACCA membership committee to revamp our membership database and update our website.
Michael Martin and Colette Holt led the project to revise and update the organization’s by-laws.
Bessie Papailias has initiated a more efficient process to ensure tax filings stay current and is working with a Certified Public Accounting firm to conduct a financial audit of the past 3 years.
Candace Waterman is exploring an on-line product that will enhance the educational opportunities ACCA provides to public organizations and private sector firms.
Jan Lawson is working with me to develop more efficient nomination and election processes for open positions for our Board of Directors.
Greg Jennifer is leading the charge of redesigning the annual ―Think Tank‖ into a robust ―Executive Leadership Institute‖.
Lisa Alexander is working with Lynn Newsome and our Philadelphia colleagues in developing a dynamic 2012 NTI.
The Executive Committee is looking to develop new relationships and strengthen existing partnerships with other non-profits with similar goals and objective as adopted by ACCA.
While it may seem that we have an ambitious organizational 2012 work plan, I can attest that the commit-ted members of the Board of Directors are more than capable of taking on this work with a focused and deliberate approach. Those of you with the time, expertise and skills to assist us should consider helping move the organization forward by volunteering for these and other efforts that satisfy your interests.
See you in Philadelphia!!
Jerry
President’s Message
Membership Renewal Time!
It’s time to renew your mem-bership for 2012. Memberships are current only for the calen-dar year (January 1— December 31). Therefore everyone must renew for 2012 unless you took advantage of the two-for-one offer in 2011.
Annual membership dues are
only $100 and qualifies you for a
$125 discount on your National
Training Institute registration for
that year. Additional benefits
include:
Membership Directory
Quarterly ACCA Newsletter
Monthly ACCA eBlast
ACCA Legal Counsel Alerts and Updates
Access to a National Network of Compliance Professionals
Access to ―Members Only‖ Section on ACCA Website
Visit http://www.accaweb.org/
acca_membership.html for
more information.
If you have not received a
membership renewal postcard,
please email your Regional
Coordinator or Justin Talbot-
Stern at [email protected].
April 2012 Volume 2, Issue 1
ACCA Newsletter A Publication of the American Contract Compliance Association
Special points of
interest:
Is your membership current? Visit http://www.accaweb.org/acca_membership.html for more information.
Contact your Regional Coordinator for more information on how to get involved. See page 3.
Inside this issue:
New Board
Members 2
Volunteer
Opportunities 2
Changes to
Bylaws 3
New Regional
Coordinators 3
Training Institute
Highlights 4
2011 Industry
Award Winners
& Graduates
5
Training Institute
Save the Date 7
Legal Update 8
ACCA President
Jerry Walker, MCA Economic Equity Program
Director
Home Forward Portland, Oregon
Tammi Davis
Editor
CENTRAL
REGION
MID-ATLANTIC
REGION
NORTHEAST
REGION
Tammi Davis, MCA
Chief of Operations
Trinal, Inc.
329 W.18th Street, Suite: 401
Chicago, Illinois
(312) 738-0500, Ext. 223
Martin Lee, CCA
Contract Compliance/EEO Officer Maryland Department of
Transportation
7201 Corporate Center Drive
Hanover, Maryland 21076
(410) 865-1397
Barbara L. Oliver, MCA
Deputy Director Office of Economic Opportunity One
Parkway Building
1515 Arch Street, 12th Floor
Philadelphia, PA 19102
(215) 683-2160
SOUTHERN
REGION
WESTERN
REGION
Dr. Bridget S. Lee
Diversity Coordinator
Orlando Utilities Commission
Reliable Plaza
100 West Anderson St.
P.O. BOX 3193 Orlando, FL 32802
(407) 434-4003
Cinna’Mon Williams, MCA
Procurement & Contracts Manager
Homeforward
135 SW Ash Street
Portland, Oregon 97204
(503) 802-8533
Michael J. Martin, MCA Sr. Contract Compliance
Officer Houston Airport System Office of
Business Opportunity 18600 Lee Road, Suite: 151
Humble, Texas 77338 (281) 233-7861
As a result of our 2011 elections held in
Bloomington, Minnesota, the following 2
new Board Members were elected to
serve a two-year term for 2012—2013:
Philistine Ferrand
DBE Liaison Officer
Louis Armstrong New Orleans
International Airport (LA)
Connie Ng-Wong
Contract Compliance Officer
Port of Oakland (CA)
The following Board Member was re-
elected in Bloomington to serve anoth-
er two-year term for 2012 – 2013
Lynn T. Newsome
Compliance Director
Office of Housing and Community
Development
Additionally, in October 2011, the
Board of Directors voted to fill the
remaining 3 vacant seats for a one-year
term. After which time, these seats will
be filled for 2013 via the 2012 nomina-
tion and election process in Philadelph-
ia.
These Board Members for 2012 are:
Jan Lawson
Director of Business Development &
Contract Compliance
City of Austin/Austin Energy (TX)
Karen Moss-Barnes
Fair Share Coordinator
City of Shreveport (LA)
Kerry Kirkland
President
Kirkland Consulting (PA)
For a complete listing of ACCA Board
Officers and Directors, please visit AC-
CA website at www.accaweb.org.
Welcome New Board Members!
2012 Standing Committees
Page 2 ACCA Newsletter
Bylaws
This committee shall review the Bylaws and/or operating
procedures and recommend to the Board of Directors
amendments and changes thereto.
Michael Martin (TX)
2nd Vice President
Legislation
This committee shall identify and monitor legislation pertinent
to the area of contract compliance, and shall report
developments and make recommendations.
Lynn Newsome (PA)
Beverly Johnson (CA)
Education, Training and
Professional Development
This committee shall develop and implement approved
professional development seminars and/or workshops,
including the annual National Training Institute.
Lisa Alexander (IL)
1st Vice President
Membership, Publications, and
Technology
This committee shall devise means of securing members and
develop a process for dissemination of all information to the
public and its members including maintenance of ACCA’s
website.
Justin Talbot-Stern (AZ)
Finance, Grants and Fund-Raising
This committee shall advise on expenditure of funds and
develop and implement a fund-raising strategy.
Bessie Papailias (CA)
Treasurer
As a volunteer organization, ACCA’s Standing Committees are essential to its operations throughout the year. Please consider
sharing your talents by participating on one of these committees. A brief description is shown below along with the contact
information of the Committee Chair for more information or if you are interested in joining their team.
On July 22, 2011, the Board of
Directors adopted the revised
Bylaws and made them effec-
tive immediately.
Changes:
Annual dues cover the calen-
dar year for which they were
paid.
New eligibility requirements
all Board Members and Of-
ficer have received their
certification as a Contract
Compliance Administrator
(CCA) and that they be
members in good standing
for the last two consecutive
years and last three consecu-
tive years for Board Mem-
bers and Officers respective-
ly.
Term of office for Regional
Coordinators is two years.
Minimum notification period
for Special Meetings is one
week.
A majority of the Board of
Directors shall constitute a
quorum.
Additions:
Article II. Section 5 Resigna-
tion
Article III Section 7 Removal
of Officers
Article VII Section 2 Eligibil-
ity (Regional Coordinators)
Article VII Section 3 Number
and Election (last sentence)
Article IX Section 3 Conduct
of Election (last paragraph)
Clarification:
Article X Section 1 Time,
Place and Content
Please visit www.accaweb.org
for a copy of current ACCA
Bylaws.
Summary of 2011 Bylaws Changes
2012 - 13 Regional Coordinators
Page 3 Volume 2, Issue 1
ACCA 5 Regions are
comprised of the
following states:
CENTRAL
Illinois, Indiana,
Iowa, Kansas,
Michigan,
Minnesota,
Missouri,
Nebraska,
North Dakota,
South Dakota,
Oklahoma,
Texas,
Wisconsin
MID-ATLANTIC
District of Columbia, Maryland,
North Carolina,
South Carolina,
Virginia,
West Virginia
NORTHEAST
Connecticut,
Delaware, Maine,
Massachusetts,
New Hampshire,
New Jersey
New York, Ohio,
Pennsylvania,
Rhode Island,
Vermont
SOUTHERN
Alabama, Arkansas,
Florida, Georgia,
Kentucky,
Louisiana,
Mississippi,
Puerto Rico,
Tennessee,
Virgin Islands
WESTERN
Alaska, Arizona,
California,
Colorado,
Hawaii, Idaho,
Montana, Nevada,
New Mexico,
Oregon, Utah,
Washington,
Wyoming
CENTRAL REGION
Tammi Davis, MCA
Chief of Operations
Trinal, Inc.
329 W.18th Street, Suite: 401
Chicago, Illinois 60616
(312) 738-0500, Ext. 223
MID-ATLANTIC REGION
Martin Lee, CCA
Contract Compliance/EEO Officer
Maryland Department of Transportation
7201 Corporate Center Drive
Hanover, Maryland 21076
(410) 865-1397
NORTHEAST REGION
Barbara L. Oliver, MCA
Deputy Director
Office of Economic Opportunity (OEO)
One Parkway Building
1515 Arch Street, 12th Floor
Philadelphia, PA 19102
(215) 683-2160
SOUTHERN REGION
Dr. Bridget S. Lee
Diversity Coordinator
Orlando Utilities Commission
Reliable Plaza at 100 West Anderson St.
P.O. BOX 3193 Orlando, FL 32802
(407) 434-4003
WESTERN REGION
Cinna’Mon Williams, MCA
Procurement & Contracts Manager
Homeforward
135 SW Ash Street
Portland, Oregon 97204
(503) 802-8533
CHAIR/BOARD LIAISON ACCA 2nd Vice President
Michael J. Martin, MCA
Sr. Contract Compliance Officer
Houston Airport System
Office of Business Opportunity
18600 Lee Road, Suite: 151
Humble, Texas 77338
(281) 233-7861
In 2011, Minnesota hosted the
25th annual ACCA National
Training Institute (NTI), with
the theme ―Creating Collabo-
ration‖ in Bloomington, Minne-
sota at the Double Tree Hotel,
near the Mall of America.
The focus was on providing
professionals from across the
country with a higher level of
understanding and expertise
focusing on building relation-
ships through a shared under-
standing of stakeholder per-
spectives as an essential ele-
ment for future partnerships.
We had great attendance and
wonderful speakers that partici-
pated in the weeks Education as
well as outing created by the
host committee.
Minnesota wanted to make this
event a fun and memorable
event for all attendees. One
way of doing so was to hold a
star search of where is Orlanda
However, training and educa-
tion were the main focus and
the attendees were trained by
the best!
Building on the foundation set
in Minnesota, I know that the
2012 NTI will be as successful
if not more.
Orlanda Klinkhammer
2011 NTI Co-Chair
View photos from the training at
trinalinc.shutterfly.com/pictures.
Trinal, Inc. (IL)
Women’s Business Enter-
prise National Council (DC)
Friends Level:
Austin Area Black Contrac-
tors Association (TX)
East Bay Municipal Utility
District (CA)
Fulton County (GA)
Gensler (TX)
Home Forward (OR)
Manhattan Construction
(TX)
Bronze Level:
AECOM (TX)
Andrews Kurth LLC (TX)
B2GNOW (AZ)
Broward County Aviation
Department (FL)
Early Morning Software
(MD)
Houston Airport System
(TX)
International Brotherhood of
Electrical Workers (IBEW)
Local 716 (TX)
Jacobs Engineering (VA)
Midwest Construction (MN)
North Central Contract
Compliance Association (PA)
Port of Oakland (CA)
Anthony/Tracie Snipes (TX)
ACCA wishes to express our
sincere gratitude to these listed
organizations for being our
partners in 2011 and hope they
will be repeat partners for
2012.
Highlights from 2011 Annual National Training Institute
Additional Supporters
2011 National Training Institute Supporters
financial support from the fol-
lowing organizations:
Platinum Plus Level:
Minnesota Department of
Transportation (MN)
Platinum Level:
City of Austin and Austin
Energy (TX)
Turner Construction (NY)
Diamond Level:
Armand Resource Group,
Inc. (NJ)
Business Diversity Institute
(OR)
Gold Level:
City of Portland (OR)
Multnomah County (OR)
NERA Economic Consulting
(TX)
Cook County (IL)
Silver Level:
City of Fort Worth (TX)
Each year ,ACCA reaches out
to organizations across the
county that share ACCA’s
vision to educate compliance
practitioners, to support eco-
nomic diversity and to promote
equitable employment and
contracting practices within
public and private sector insti-
tutions
Thanks to the efforts of the
local Host Committee and
ACCA’s Board of Directors,
we were able to obtain key
“Hosting ACCA’s
25th Annual
National Training
Institute
was an honor for us
and we hope that
being in Minnesota
made it a
memorable
experience for the
attendees! ”
Orlanda Klinkhammer
and Mary Prescott
2011 Co-Chairs
Page 4 ACCA Newsletter
Arthur A. Fletcher
Vanguard Award
City of Portland, Oregon
Parren J. Mitchell
Crusader Award
Jan Lawson
Director of Business Development
& Contract Compliance City of Austin/Austin Energy
Austin, Texas
President Award
Gabriele M. Mack
Vice President for Business Diver-
sity and Strategic Markets
Jacobs Engineering
Arlington, Virginia
Regional Coordinator
of the Year
Carol Hadnot
Senior Consultant
Business Resource Consultants
Austin, Texas
Special Recognition was given
to ACCA Past Presidents:
Robert Harrison
Kerry Kirkland
Jarvis Patton
Lenoria Walker
Marvin Taylor
Beverly Johnson
Felecia Hill
And to ACCA Founding
Members:
Robert Harrison
Kerry Kirkland
Leonard Miller
Marvin Taylor
Bonnie Jellinek
These award winners were
honored during a special AC-
CA 25th Anniversary Recep-
tion on August 18, 2011 at the
National Training Institute.
A special thank you also went
to outgoing Board Officers and
Members .
Alicia Prentiss
Shirley Stanford
Stella Vargas
Felicia Wallace
Sharon Walker
Angela Watkins-McKenzie
Candace Waterman
Darcel Webb
Paula Wendorf
Roxanne Crossland
Toney Dixon
Tracey A. Edwards
Sandra Greene
Valencia Hainesworth
Andriana Hinojosa
Ruby Jones
Nancy Mercado
Shurronda Murray
Linda Perryman
CONGRATULATIONS to our graduates who stayed com-mitted to completing their CCAs and MCAs!
A SPECIAL THANKS to our university partner :
Center for Continuing
and Professional Studies
Baltimore, Maryland
2011 Award Winners!
2011 MCA Graduates
2011 CCA Graduates
Cheryl Lee
Ana McCoy
Ronalda Minnis
Margarita Moreno
Sheena Morgan
Arneja Riley
Janice Ruley
Lynn Schultz
Felicia Strong-Whitaker
Frank Valtierra
Jessica Van Wert
Allene Renee Watson
Cynthia Weyrens
Ade Williams
Janice Williams
Jill Wolf
Shirley Wong
Gladys Bedenfield
Joan Bizzelle
Craig Campbell,
Earlene Candace Boykins
Celeste Diaz
Debra Dibble
Malika Edwards
Cassandra Fulton
Brian Jones
Sandra Langford
“Congrats to Jan
Lawson and the
City of Portland for
being the first
recipients of
ACCA’s most
prestigious awards
other than the
awards
namesake!”
Page 5 Volume 2, Issue 1
Jan Lawson
Parren J. Mitchell
Crusader Award
Recipient for 2011
Snapshots From 2011 National Training Institute
“The 21 hours
plus of
classroom
training and
networking are
priceless!”
Page 6 ACCA Newsletter
Kerry Kirkland
ACCA Founder
Jerry Walker
ACCA President
Page 7 Volume 2, Issue 1
17 East Monroe Street #150 Chicago, IL 60603
American Contract Compliance Association (ACCA)
Vision
To have ACCA recognized as the leading national organization that provides a training institute to
educate compliance practitioners, support economic diversity and promote equitable employment
and contracting practices within public and private sector institutions.
Mission
To deliver ongoing comprehensive training and certification to practitioners working within the fields
of Affirmative Action, Contract Compliance, Minority/Women/Disadvantaged/Small/Emerging Business
Enterprise, Labor Compliance, Economic & Business Development, and Equal Employment Oppor-tunity
women; that statistical dispari-
ties, coupled with anecdotal
evidence, are insufficient to
support the use of DBE con-
tract goals; and that the pro-
gram is ―overinclusive‖ because
the rate of disparities between
the availability of DBEs and
their utilization on Caltrans’
contracts varied across indus-
tries and racial and ethnic
groups and gender. Caltrans
relied upon its disparity study
that documented extensive
discrimination against DBEs to
support its resumption of con-
tract goals after their suspen-
sion as a result of the 2006
Ninth Circuit decision in West-
ern States Paving Co. v. Washing-
Court Upholds Caltrans’ DBE Program for
Federal Contracts
The district court in San Diego
has upheld the California De-
partment of Transportation’s
Disadvantaged Business Enter-
prise (DBE) Program for feder-
ally-assisted contracts. The San
Diego Chapter of the Associat-
ed General Contractors of
America (AGC) sued Caltrans
in federal court, alleging that
the DBE program under 49
C.F.R. Part 26 as implemented
by Caltrans is ―reverse discrim-
ination.‖ To assist in the de-
fense of the program and en-
sure that the interests of the
DBE community were fully and
vigorously represented, the
Coalition for Economic Equity
and the San Diego Chapter of
the NAACP intervened as de-
fendants in the lawsuit on be-
half of minority and women
firms.
Despite the case law establish-
ing the parameters for uphold-
ing DBE programs, the AGC
argued that the Department
must prove it or its prime con-
tractors intentionally discrimi-
nated against minorities and
ton State Department of Trans-
portation.
The DBE intervenors retained
their own experts, and estab-
lished that Caltrans’ goal of
only 6.75% for the utilization of
DBEs ―but for‖ the effects of
discrimination is based on a
very conservative disparity
study methodology that greatly
understated the extent of dis-
crimination by imposing artifi-
cially low estimates of DBE
availability. Caltrans’ restricted
program was therefore certain-
ly constitutionally adequate
under strict scrutiny because it
does less than is permissible
under the Constitution and the
federal regulations. The DBEs
also introduced declarations
that described the extensive
barriers they face in attempting
to compete for Caltrans’ prime
and subcontracts.
After briefing, the court upheld
Caltrans' implementation of the
DBE program and granted sum-
mary judgment in favor of the
Department and the Interve-
nors without a trial. The AGC
has appealed to the Ninth Cir-
cuit Court of Appeals. Stay
tuned . . .
Legal Insight
Integrity Courage Commitment
Visit us on the Web:
www.accaweb.org
Colette Holt ATTORNEY AT LAW
OAKLAND, CA
ACCA GENERAL COUNSEL
Phone: (866) 222-2298 Fax: 510-287-2158
We want to hear from you!
What’s happening in your region?
Have a concern or topic that you would like covered in the next issue, online or at the Training Institute?
Want to get involved but
not sure where to start?
Contact
Your Regional Coordinator
or any Standing Committee Chair
Injustice anywhere is a threat to justice everywhere. Martin Luther King, Jr.