Sacramento Municpal Utility District:  Web Pages Promote Preferences

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The Sacramento Municipal Utility District Web Site: Explicit Policies Giving Racial and Gender Preferences

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Exhibit 1
SMUD Web Page Titled:

Equal Business Opportunity Program

"The District’s Equal Business Opportunity Program (EBOP) was established for the following reasons:

"1. Provide full and equal business contracting to all segments of the business community.

"2. Mitigate the impact of prior racial and gender discriminatory business practices.

"3. Eliminate statistically significant under-utilization of minority and women owned business enterprises.

"4. To address the Disparity Study completed in 1993 and updated in 1998.

"5. To establish dominance in the competitive utility markets by ensuring optimum vendor/contractor utilization of the District’s contract product line (construction, commodities, professional services and maintenance)."

"Key Features:  Key features of EBOP are the Five Percent Price Advantage and the encouraged Utilization of Minority and Women Owned Subcontractors."

Copyright © 1999 Sacramento Municipal Utility District

          The above selected quotes are taken directly from the SMUD web site as of June 26, 2000.  If SMUD has not changed the web content, you may view the original web page at the following link:
[ http://www.smud.org/info/contract/EBOP.html ]

Return to Pacific Legal "Complaint" at 1.

Exhibit 3
SMUD Web Page Title:

Equal Business Opportunity Program

Definition of a Minority/Woman Owned Business Enterprise

          "A minority/women owned business enterprise is a business that is at least 51 percent owned by one or more minorities or women. In the case of a publicly owned business, at least 51 percent of the stock must be owned by one or more minorities or women and whose management and daily business operations are controlled by one or more such individual(s). Businesses owned by males or females of the following ethnic (gender) categories are considered minority or women owned: African, Native, Hispanic, Asian-Pacific American, Caucasian female."

          "Five Percent Price Advantage:   A key feature of the EBOP is a five percent price advantage to businesses owned by ethnic groups and women who have experienced statistically significant under-utilization. This under utilization was discovered when the District conducted a Disparity Study in 1993, and updated it in 1998."

          "... The price advantage is only afforded to certified minority and/or women owned businesses in the following specific categories (based on the Disparity Study findings):

• "Construction services - African and Hispanic American
• "Professional - African and Hispanic Americans, Caucasian women
• "Maintenance and other services - African, Hispanic, Asian Pacific, Native American, Caucasian female
• "Commodities and supplies - Hispanic American and Caucasian Femal owned businesses."

Copyright © 1999 Sacramento Municipal Utility District

          The above selected quotes are taken directly from the SMUD web site as of June 26, 2000.  If SMUD has not changed the web content, you may view the original web page at the following link:
[ http://www.smud.org/info/contract/EBOP2.html ]

Return to Pacific Legal "Complaint" at 3.

END Utility's Web Pages about Preferences

Sacramento Utility Sued for Racial Preferences
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