ORDINANCE NO. 260690
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Sponsor: Mayor Lucas, Councilmembers Bough, O’Neill, Duncan, Robinson, Patterson Hazley, Curls, French and Bunch
Repealing Chapter 3, Article IV, Division 2 of the City’s Code of Ordinances and terminating the City’s Minority and Woman Business Enterprise (“M/WBE”) Program; directing the City Manager to develop a new business enterprise program and report back on the implementation of said program in thirty days; and directing the City Manager to initiate the process to have a new disparity study completed in five years’ time.
***** THIS ITEM WILL BE HELD UNTIL AUGUST 11, 2026 *****
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WHEREAS, the City of Kansas City has operated its Minority and Women Business Enterprise Program since 1981; and
WHEREAS, the Supreme Court of the United States, in City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) (“Croson”), requires local governments to make an empirical assessment to determine whether past discriminatory practices have contributed to the underutilization of M/WBEs in the provision of goods and services; and
WHEREAS, since the Croson decision, the City has worked with consultants to undertake disparity studies at various times to assess the utilization of M/WBEs on City contracts and subcontracts as well as the M/WBE Program’s compliance with the constitutional standards established by Croson and subsequent caselaw; and
WHEREAS, in September 2024 the City contracted with Griffin & Strong, PC (“Griffin & Strong”) to conduct a Disparity Study on behalf of the City to determine whether M/WBEs are utilized on the City’s prime contracts and subcontracts at the level they are available in the Kansas City MO-KS Metropolitan Statistical Area (“KC MSA”); and
WHEREAS, Griffin & Strong completed the disparity study in early May 2026, and the findings were presented to City Council in May 2026; and
WHEREAS, Griffin & Strong recommended that the City transition to a race- and gender-neutral small business program; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 3, Article IV, Division 2 of the City’s Code of Ordinances is hereby repealed and the City’s Minority and Woman Business Enterprise (“M/WBE”) Program is terminated.
Section 2. That the City Manager is directed to develop a new business enterprise program and report back on the implementation of said program in thirty days.
Section 3. That the City Manager is directed to initiate the process to have a new disparity study completed in five years’ time.
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Approved as to form:
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Julian Langenakmp
Associate City Attorney