Form CA 43 JAMES B. BRENNAN City Attorney DAVID A. FELGER THOMAS E. HAYES Deputy City Attorneys CITY OF MILWAUKEE OFFICE OF CITY ATTORNEY 800 CITY HALL MILWAUKEE, WISCONSIN 53202 278-2601 August 15, 1980 RICHARD F. MARUSZEWSKI WALTER J. SCHUTZ MAURICE L. MARKEY WILLIAM J. LUKACEVICH NICHOLAS M. SIGEL THEOPHILUS C. CROCKETT JOSEPH H. McGINN DAVID R. MOGILKA JOHN F. KITZKE HERBERT F. SONNENBERG CHARLES R. THEIS GRANT F. LANGLEY PATRICK B. MCDONNELL RUDOLPH M. KONRAD JOSEPH N. MISANY MARY ELLEN POULOS BEVERLY A. TEMPLE SCOTT RITTER SANDRA S. RUFFALO JEFFREY A. WAGNER MICHAEL A. 1. WHITCOMB JEFFREY L. BASSIN GREGG J. GUNTA THOMAS O. GARTNER LINDA ULISS BURKE Assistant City Attorneys Mr. H. F. Leatherby City Purchasing Agent 607 City Hall Dear Sir: This is in response to your letter of August 6, 1980, relating to Ordinance #66, file 80-222-a, which prohibits dis- crimination against persons because of their sexual orientation, in which you inquire: "1. "2. "3. "4. We answer as 1. Is the Non-Discrimination clause, as contained in the Standard Conditions for Bidding, sufficient or should it be revised? What purchasing documents should contain the Non-Discrimination clause? e.g. Pur- chase Orders, Informal and Formal Bids, Contracts, etc... Can vendors who refuse to non-discriminate against persons, because of their sexual. preferences, be solicitated for bids and awarded City business? To what extent, if any, is the Purchasing Department responsible for the enforcement of this Ordinance in relation to the pro- curement of goods and services for the City?" follows: The non-discrimination clause as contained in the Standard Conditions for Bidding should be revised in view of the 934 --- Mr. H. F. Leatherby -2- 8/15/80 recent amendment to sec. 109-15 of the Milwaukee Code of Ordi- nances by Ordinance #66, file 80-222-a. A suggested wording for the paragraph relating to non-discrimination is submitted as follows: "Non-Discrimination - in performing in accordance with the terms of the Bid Request, the vendor agrees not to discriminate against any employe or applicant for employment because of age, race, creed, color, sex, sexual orientation, physical condition, developmental disability as defined in sec. 51.437(1), Wisconsin Statutes, or national origin or ancestry. Vendor is required to include a similar provision in all subcon- tracts. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay- off or termination, rates of pay or other forms of com- pensation, and selection for training, including ap- prenticeship. The contractor further agrees to take af- firmative action to insure equal employment opportunities for persons with disabilities. The contractor agrees to post in conspicuous places available for employes and applicants for employment notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. Wisconsin Statutes 16.765 (1) and (2), and provisions of section 109-15 of the Milwaukee Code of Ordinances." - 2. All documents now containing an anti-discrimination clause should be amended to include compliance with the amendment of sec. 109-15 of the Milwaukee Code of Ordinances by Ordinance #65, file 80-222-a. 3. Vendors who refuse to comply with sec. 109-15 of the Milwaukee Code of Ordinances as amended by Ordinance #66, file 80-222-a, cannot be awarded City business because agreement to com- ply is made a condition of the contract by law. 4. Enforcement of sec. 109-15 of the Milwaukee Code of Ordinances as amended by Ordinance #366, file 80-222-a, falls to the Commission on Community Relations under sec. 109-15(5) of the Mil- waukee Code of Ordinances. The Purchasing Department has no police 930 --- Mr. H. F. Leatherby -3- 8/15/80 or enforcement responsibility except to see that sec. 109-15 of the Milwaukee Code of Ordinances as amended by Ordinance #66, file 80-222-a, is complied with to the extent that all contract- ing agencies of the City shall include in all contracts hereafter negotiated or renegotiated by them for the procurement of goods and services for the City, for which procurement the Purchasing Department is responsible, a provision obligating the contractor not to discriminate against any qualified employe or qualified applicant for employment because of age, race, creed, color, sex, sexual orientation, national origin or ancestry, and shall require him to include similar provisions in all subcontracts. We hope we have satisfactorily responded to you in- If you have any further questions with respect to the above, please feel free to contact us at any time. quiries. Very truly yours, مساك THOMAS E. HAYES Deputy City Attorney WJS:h WALTER J. SCHUTZ Assistant City Attorney' 936 ---