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Does New York City Need a Chief Diversity Officer?


mayor office city hall riders

(photo: Michael Appleton/Mayoral Photography Office)


Many days throughout the year there are people gathered on the steps of City Hall calling on city government to make policy. On March 14, a rally of women and people of color who own businesses, organized by city Comptroller Scott Stringer, focused on a change that could significantly alter the direction of city government and opportunities for those business owners and others in similar positions.

Those in attendance were backing Stringer’s push to have the 2019 New York City Charter Revision Commission put a proposal on the November ballot to require a Chief Diversity Officer in the mayor’s cabinet and one at each city agency.

Fittingly, Mayor Bill de Blasio, AirPods in his ears, walked into City Hall at the time of the rally, seemingly paying it little mind. Over the last several years, Stringer has assailed the de Blasio administration’s approach to contracting with MWBEs -- minority- and women-owned business enterprises -- and called on the mayor to add a chief diversity officer (CDO) to his administration. De Blasio has adjusted the city’s MWBE contracting goals multiple times and created an MWBE office in 2016, but he has not created the CDO position. He has also repeatedly dismissed Stringer’s criticisms.

A second-term Democrat who created a CDO at the comptroller’s office upon taking the citywide position in 2014, Stringer has now pushed the issue to the fore as the 2019 charter commission considers what changes to the city’s central governing document and structure it will propose to voters this fall -- it is listed first among Stringer’s 65 charter revision proposals.

The City Hall rally, which included Stringer, MWBE owners, faith leaders, Manhattan City Council Member Ben Kallos, and Brooklyn Assembly Member Rodneyse Bichotte, came just hours before Stringer and others testified before the commission on the subject of adding the CDO positions to the charter.

Among other responsibilities, the CDO position would oversee city procurement and contracting with MWBEs, as well as strategies to improve those efforts. The city spends billions of procurement dollars each year to buy things such as office supplies or hire contractors on city construction projects. The CDO would also focus on issues of equity and diversity in city government, with each CDO at individual city agencies handling these tasks with a narrower scope.

“I’ve said to the mayor every year that we would really benefit from a chief diversity officer in City Hall,” Stringer told Gotham Gazette just after the rally. “For me, talk is cheap. We’re either going to be in the business of equality and economic justice or we’re not.”

The CDO in Stringer’s office, currently Wendy Garcia, is tasked with overseeing all of its procurement dollars, about $14 million spent annually.

“Every time I see a law or a regulation or some rule that inhibits minorities or women to have access, my job is to fix it and change it,” Garcia told Gotham Gazette in an interview. According to Stringer’s charter revision proposals, Garcia has helped the Office of the Comptroller almost double its spending with MWBEs to over 24% of its procurement spending in fiscal year 2017.

“I think people do not fully appreciate the role of the chief diversity officer,” Stringer said. “Imagine a chief diversity officer in City Hall in this building right now working every day across all agencies to look at ways to up-spend to bring more people into the procurement process. This is a necessary part of government. It’s the future of the city. There’s nothing more important than creating wealth with opportunity.”

Each year, Stringer puts out an MWBE report card for city agencies and the mayor’s office, and he includes his office as well. Six of the 32 agencies graded by the Comptroller’s Office already have CDOs: Department of Design and Construction, Department of Finance, Department of Information Technology and Telecommunications, Department of Sanitation, Department of Transportation, Fire Department, and Law Department. (None of the agencies with chief diversity officers increased their share of procurement going to MWBEs by over 2.5% from 2017 to 2018 except the Department of Finance which spent only $25 million on procurement in total, about 21% of its procurement dollars.)

The Department of Design and Construction (DDC) has one of the biggest procurement budgets in city government, totaling nearly $1.7 billion, about as large as the other agencies with CDOs combined. DDC hired Chief Diversity and Industry Relations Officer Magalie D. Austin in 2014. According to budget testimony delivered last month by DDC Commissioner Lorraine Grillo, "Mayor de Blasio singled out DDC as the top performing agency in the City’s M/WBE program. We’ve awarded more than $1 billion to M/WBE firms since 2015. Between FY15 to FY18, our overall M/WBE utilization rate has increased from just under ten percent to 23 percent."

Furthermore, the Metropolitan Transportation Authority (MTA) and New York State also have chief diversity officers. Governor Andrew Cuomo, who took office in 2011, responded to a 2010 disparity study by focusing on the state’s procurement dollars going to MWBEs. In 2014, he upgraded his goal for MWBE utilization from 20% to 30% of the value of state contracts. In fiscal year 2017, the percentage of MWBE utilization in New York State was 28.6%, according to Empire State Development’s Division of Minority and Women's Business Development Annual Report 2018.

The state chief diversity officer originally solely oversaw the MWBE procurement process but has recently added workforce diversity and inclusion duties as well. Currently, the role of chief diversity officer is filled by Lourdes Zapata.

Other Major Cities Have CDOs
Outside of New York City, the position of chief diversity officer can be found in other major city governments around the country, almost all only created in the past five years.

There are currently chief diversity officers in Chicago, Boston, Philadelphia, Columbus, San Antonio, Austin, Nashville, and Buffalo. The duties (and titles) of these CDOs vary – most of the positions are human resources in nature, such as researching workplace diversity, recruiting diverse applicants for city jobs, and raising awareness for diverse hiring practices.

If the proposal passed, New York would be the first major city with a chief diversity officer whose main job duty would be to oversee procurement for MWBEs.

In Philadelphia, the role of Chief Diversity and Inclusion Officer is filled by Nolan Atkinson Jr. When offered the job, “I had one qualification. I wanted the title to be the Chief Diversity and Inclusion Officer,” he told Gotham Gazette in a phone interview. “I believe inclusion is vital in having a successful tenure in this position.”

Atkinson’s office provides diversity training to city employees, publishes quarterly reports, and oversees the Office of Economic Opportunity, which manages procurement to WMBEs.

Philadelphia city government awarded over $440 million out of an estimated $1.4 billion contracting budget (30.5%) to M/W/DSBE’s (Philadelphia includes business owners with a disability) in fiscal year 2018, a $128 million increase over fiscal year 2017, according to the City of Philadelphia’s Department of Commerce’s Office of Economic Opportunity Fiscal Year 2018 Annual Report. Philadelphia has set an “aspirational” goal of 35% of contracting dollars to go to diverse businesses. In terms of city employee diversity, the Philadelphia city workforce skews heavily male, at 65% of the workforce, and 58% of “new hires.”

Boston’s CDO Danielson Tavares has had more success reflecting the city’s population in the city’s workforce but does not oversee procurement.

Danielson Tavares, Chief Diversity Officer of the City of Boston, told Gotham Gazette, “my initial mandate was as to try to diversify the [city government] workforce to be as reflective of the city population as possible with special attention to underrepresented populations.”

According to the first ever workforce report looking at diversity in Boston in 2015, just 42% of city workers were non-white while 54% of the city was non-white. The December 2018 report showed that out of the nearly 1,500 new city hires in the year before the report, 55% were non-white.

Something both Atkinson and Tavares emphasized: for a CDO position to work, they need the support of the mayor of the city.

It doesn’t seem like the proposal has it in New York.

The New York City Push, MWBE Spending, & the Charter Revision Commission
In a statement to Gotham Gazette, de Blasio spokesperson Raul Contreras highlighted the work of the Mayor’s Office of Minority and Women-owned Business Enterprises but was noncommittal regarding the CDO proposal that’s in front of the charter revision commission.

A chief diversity officer in New York would undoubtedly cause changes in the procurement spending infrastructure with the Mayor’s Office of M/WBE’s currently overseeing procurement to M/WBE’s. When asked at a March 21 press conference -- one week after the Stringer-led rally and testimony at the charter revision commission -- about the possibility of a CDO in New York City, de Blasio said, “I think the current approach is a very aggressive, effective way. We’ll always look at ways we can improve it, but I think this model is the way to get it done.”

“If you’re chief diversity officer and you don’t report to the head, you’re set up to fail,” said Wendy Garcia. “If you’re reporting directly to the head, you’re part of the system.”

“As long as it doesn’t get overly politicized, we see the power and leverage of a position like this necessarily maintained,” said Julie Nelson, Co-Director of the Government Alliance on Race and Equality (GARE).

An issue the 2019 Charter Revision Commission brought up in its hearing was the already existing framework in the city overseeing M/WBE investment. Commissioner James Caras asked the panelist of experts who testified on the issue if a CDO was really necessary as the duties of the position, diversity hiring and overseeing the M/WBE program, are already handled by the Department of Citywide Administrative Services (DCAS) and the Mayor's Office of M/WBEs, respectively.

Commissioner Stephen Fiala argued that the specifics of how a CDO would integrate with the current MWBE officers in city agencies are unknown and would only add to a complicated charter and city bureaucratic structure.

“We’re always too quick to come up with a catchy title and then try to ram it into the charter and then we’re left very disappointed when nothing happens.”

A possible downside to the idea of chief diversity officers, said Nelson, is “when individual positions are allocated with the responsibility, that can take the pressure or the weight off other people” when promoting diversity.

Asked about this reservation, Garcia told Gotham Gazette it is the reason the CDO must be in every agency and there must be one CDO who reports directly to the mayor.

If skipped over by the charter revision commission, the creation of a citywide chief diversity officer could be legislated by the New York City Council, however the expert panelists at the revision commission’s hearing were dubious of this path as the charter is less malleable to political changes and pressures.

It’s notable that of the ways the push for a CDO could succeed, like through legislative action or executive order, changing the city’s Charter is the only way that does not directly include the mayor, though he does have four appointees to the 15-member commission. (The City Council could pass a bill then override a mayoral veto. There is no current bill in the Council to create a CDO.)

When the 2019 Charter Revision Commission heard testimony on the proposal of creating a CDO at the March 14 hearing, commissioners appeared interested in the topic. After including the CDO concept in its list of issues to explore further, the commission heard from Stringer and others, among a series of expert hearings it held on a variety of topics, and will now put forward its narrowed focus areas on April 22. That list will determine which issues the commission plans to craft actual ballot proposals around for suggested changes to city government for voters to approve or disapprove in November.

The MWBE program, created by city law in 2005, attempts to increase the amount of city procurement dollars that go to minority- and women-owned businesses. In fiscal year 2018, the city awarded $19.3 billion in contracts, of which $1 billion, or about 5.5%, went to MWBEs, according to Comptroller Stringer’s Making the Grade 2018 report. In 2007, it was just 1.6%.

In the same 2018 report, Stringer gave the city as a whole a D+. Of the 32 mayoral agencies graded, only nine received a B or higher, including the Office of the Comptroller. On spending specifically with African-American-owned businesses, five mayoral agencies received a B or higher.  

To improve, Mayor de Blasio set the goal of awarding $16 billion to MWBEs by 2025 in his OneNYC plan, a goal which has since been increased to $20 billion by 2025.

Amid earlier criticism from Stringer, de Blasio created the Office of MWBEs in September of 2016, which is currently responsible for overseeing the MWBE program. The office, currently led by Jonnel Doris, is part of the mayor’s office and is overseen by the Deputy Mayor for Strategic Policy Initiatives, currently Phil Thompson. The office was created and enhanced under Thompson’s predecessor, Richard Buery.

Talk of a chief diversity officer actually came up in the 2013 New York City mayoral race. At a very early forum in the race -- held in June 2012 when Stringer was exploring a mayoral bid before he shifted to the comptroller’s race -- participating candidates including de Blasio criticized the Bloomberg administration approach to diverse hiring and MWBE contracting. According to news reports the candidates all supported the idea of a CDO at City Hall. “De Blasio also endorsed the idea, but said he would go further, making the person who holds that post a deputy mayor,” according to a Reuters article from the time. That’s what de Blasio has done, in a way.

But the city has failed to hit MWBE procurement benchmarks that were codified by Local Law 1 in 2013. For example, 18% of the value of city construction contracts awarded are supposed to go to women-owned businesses. In 2018, the city awarded just 4.1%, according to the comptroller’s Making the Grade 2018 report.

On the matter of diversity in the mayor's office and city government more broadly, little has changed since de Blasio took office, according to the most recent statistics available from the city. While de Blasio has elevated more women and people of color to top city leadership positions, the larger workforce is about what it was in Mayor Michael Bloomberg's final year of 2013.

According to the U.S. Census Bureau, as of July 2017, New York City as a whole was 52.3% female and 46.7% male, and 32% white, 29% Hispanic, 24% black, 14% Asian, and 1% other races.

According to the city's Department of Citywide Administration Services: in 2013 the mayor's office was: 60% female and 40% male, and 54% white, 17% black, 15% Hispanic, and 14% Asian; in 2017 the mayor's office was: 58% female and 42% male, and 46% white, 20% black, 15% Hispanic, 16% Asian, and 3% some other race.

In 2013 the city government workforce was 58% female and 42% male, and 40% white, 31% black, 19% Hispanic, 8% Asian, and 2% some other race. In 2017 the city government workforce was 59% female and 41% male, and 38% white, 30% black, 20% Hispanic, 9% Asian, and 3% some other race.

Nelson, of the Government Alliance on Race and Equality, told Gotham Gazette the vast resources and dollars of New York City could have a real benefit on policies that would help people of color, if implemented well.

“What we don’t want to have happen is for these positions just to be spokespeople for the status quo,” she said.

***
by Truman Stephens, Gotham Gazette

Read more by this writer.

Ben Max contributed to this article.

Note: this article has been corrected to reflect accurate procurement spending with MWBEs by DDC. The original published version of the article inaccruately described DDC as making minimal progress in MWBE contracting in recent years whereas it has increased such spending significantly.

Max & Murphy Podcast: City Council Speaker Corey Johnson


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Speaker Johnson with Max & Murphy at City Hall (photos: Emil Cohen/City Council)


April 10, 2019 - Max & Murphy Podcast: City Council Speaker Corey Johnson

City Council Speaker Corey Johnson joined Max & Murphy for an extended, wide-ranging onversation about his leadership of the City Council, his relationship with Mayor Bill de Blasio, city budget negotiations, housing and transit policy, and much more. The converstion also included a discussion of the speaker's exploration of a run for mayor in the 2021 election and his initial pitch of his vision, the issues that matter most to him and what the election may be all about.

Listen to the conversation and let us know what you think -- we're on Twitter @TweetBenMax and @JarrettMurphy. You can listen to the show through the embedded audio below or download the episode wherever you get your podcasts, under "Max & Murphy," and listen to Max & Murphy live on Wednesdays at 5 p.m. on WBAI radio, 99.5FM or wbai.org

***
by Ben Max, Gotham Gazette
     

Read more by this writer.

City Council Response to De Blasio Budget Includes Investment in Workers, Cut to ThriveNYC, & Ferry Spending Transparency


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The Mayor and the Council in a budget briefing (photo: William Alatriste/City Council)


The City Council on Tuesday released its response to Mayor Bill de Blasio’s fiscal year 2020 preliminary budget, calling its own outline “a fiscally responsible plan that safeguards the city’s financial future and secures the city’s social safety net for New Yorkers.” Council Speaker Corey Johnson and Council members are calling for additional reserves and targeted investments, while also saying they’ve identified roughly $1 billion in savings that can be achieved between the end of the current fiscal year and the next one, which begins July 1.

The Council spent most of March focused on the mayor’s $92.2 billion preliminary budget plan and the separate capital budget, holding over 30 hearings, at which leaders of 55 city agencies gave hundreds of hours of public testimony, according to the Council. The formal preliminary budget response is the culmination of this stage of the budget process -- and it comes just after the adoption of the new state budget, which significantly impacts how the city plans its spending. The Council will next move into negotiations with the mayor ahead of the release of his executive budget later this month, which will trigger another round of Council hearings, more negotiations, and a deal expected sometime in June.

Appearing on Wednesday’s Max & Murphy show on WBAI radio, Johnson highlighted three areas of the response: growing the city’s reserves, strengthening the social safety net, and achieving pay parity for some sectors of the city workforce.

First, the Council is requesting $250 million be added to the budget reserves, noting that the Council was able to secure $225 million during the last budget negotiations. Johnson said the city economy continues to look strong, but that a recession could be on the horizon. “We don’t entirely agree with the Office of Management and Budget” on revenue forecasts, he said, indicating that the mayoral administration’s budget office is being typically conservative in its estimates. Johnson said numbers over the next two months, as more tax receipts come in, will inform what will happen in the final budget.

The city has billions in reserves but Johnson is worried that given the size of the city budget it may not be enough to weather a recession. Still, he did not indicate too much concern about the budget’s continued growth under de Blasio and the Council, with another $3 billion or so in spending expected for the coming fiscal year about the current one.

The Council’s response also includes a request for pay parity for certain sectors of city workers, specifically human services providers, daycare workers, assistant district attorneys, and indigent defense attorneys. The request includes $109 for the indirect cost rates of human services providers and $89 million to increase daycare worker salaries. Additionally, the request includes $5 million to boost pay for assistant district attorneys and $15 million for indigent defense attorneys.

Third, as he said multiple times throughout the preliminary budget hearings, Johnson reiterated on Max & Murphy that “we have to strengthen the social safety net in this city.” Within the Council’s budget response there are several proposals to increase funding for programs to help New Yorkers in need.

Programs that the Council wants to better support include the New York Immigrant Family Unit, senior meals, childcare services at CUNY, Fair Futures for those leaving foster care, and social workers for families with children at each of the 57 Department of Homeless Services-contracted hotels.

The Council is also requesting for $580 million more in education funding, which will go to fair student funding, an expansion of the Comprehensive After School System (COMPASS), security cameras in all schools, and renovations for school bathrooms.

The response also calls for $40 million to fund the city’s efforts surrounding the 2020 Census, an expansion of pre-arraignment programming, a funding increase for the NYPD Collision Investigations Unit, expansion of evidence collections teams, the opening of a community justice center in Far Rockaway, and the prioritization of the Department of Homeless Services Peace Officers for crisis intervention training.

The City Council wants to expand the pre-arraignment programming and calling for $2.2 million, increase the NYPD Collision Investigation Unit, and expand evidence collection teams with $1.2 million in funding, open a community justice center in Far Rockaway, and prioritize Department of Homeless Services Peace Officers for Crisis Intervention Training.

In addition to Mayor de Blasio’s $750 million PEG (Program to Eliminate the Gap), which is set to find that amount of savings across city agencies in time for the executive budget, the Council is also recommending an additional $972 million in savings over two fiscal years. These savings come from agency efficiencies, additional revenues, and expense budget re-estimates, according to the Council’s budget response.

The Council found several ways to make city agencies more fiscally efficient. It wants the current partial hiring freeze expanded to include 870 additional vacancies that it says should be frozen for fiscal year 2020 or eliminated altogether as planned spending.

The Council also wants a $50 million cut to the planned spending on the ThriveNYC initiative, which is estimated at $250 million next year. ThriveNYC, First Lady Chirlane McCray’s signature initiative, has recently come under increased scrutiny for unclear benchmarks and a lack of transparency and accountability. The initiative was recently criticized by several Council members at a March 26 hearing and has been the subject of a great deal of press examination. The Council writes that a $200 million allocation for next fiscal year would better match the plan’s actual growth over the last few years as it has ramped up, consistently spending less than budgeted.

Other efficiencies include reducing energy usage, uniform overtime, the city’s vehicle fleet, and the Entertainment Incentive Fund.

The Council also wants to see better budget transparency and clearer accounting. “The Council asks the Administration to increase the number of units of appropriations and capital budget lines, create a comprehensive capital project tracking system, and establish a NYC Ferry Budget Report,” the Council’s response reads.

“However, new units of appropriation will not solve the problem of being unable to clearly track multi-agency initiatives or offices,” the response says. “For programs such as ThriveNYC, Universal Pre-K, and the Office to End Domestic and Gender-Based Violence, the Administration must commit to supplemental reporting with each financial plan and consistent budget labeling to show all relevant budgetary information for these wide-ranging programs. In addition, the Council calls on the Administration to provide additional reporting on particularly opaque parts of the budget, such as Department of Homeless Services shelter spending and NYC Ferry, which is operated by the Economic Development Corporation.”

Additionally, the Council believes that there are several revenue streams that the preliminary budget does not take into account, such as additional state and federal funding for the Department of Social Services. A planned expansion of the city’s school-zone speed camera program could also generate up to $30 million in additional revenue, the Council estimates. The Council also believes that the mayor’s budget estimates for various fines and fees should be revised upward, and also recommends re-estimates to the costs of various city obligations, such as interest costs on the city’s debt service and holiday pay at some agencies.

On the capital side, the Council budget response calls for a “sizeable investment” to increase bus lanes, bike lanes, and pedestrian areas. These investments would be part of a master plan for New York City streets, which Johnson said he will introduce legislation requiring “in the next month or so.” That master plan is part of Johnson’s proposal for improving the city’s transportation and livability, as he laid out in his State of the City speech last month. “Transit is the lifeblood of New York City,” Johnson said on Max & Murphy.

The Council’s response calls for installation of 50 miles of new bike lanes and 30 miles of new bus lanes per year. The Council is also requesting a doubling of the Department of Transportation’s Pedestrian Plaza program.

Raul Contreras, a deputy press secretary for Mayor de Blasio, said in a statement that “we look forward to working with the City Council throughout the budget process to build on our success, including collaborating on ways we can grow our historic reserves. We also look forward to evaluating new needs while being mindful of the City’s mandatory savings targets and any economic uncertainty the City faces.”

***
by Andrew Millman, Gotham Gazette
   

Read more by this writer.



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