Sunday, January 20, 2008


Tom, when I said at the January 15th board meeting that I would ask the federal government for a compliance review if the board did not stop allowing Elia to indulge in crony hiring and not advertising jobs so that all qualified people could apply, especially for the bloated-salary administrative appointments, you said I was dead wrong about the compliance requirements on federal funds and implied that my so saying made me a candidate for an extortion law suit against me for mentioning a compliance review in my appearance before the board.

I think you used this same logic when you advised what to do in the Erwin whistle-blower debacle--either you or one of your company's team. You were wrong then; I believe that you are wrong now. Thank God these framers of the equal-opportunity wrote these laws in such simple language that ordinary citizens such as I can understand the language.

You say you have been on the board only three years, but my information is that your company has held the exclusive right to the board attorney for fourteen years and that no other law firm was allowed to apply for the job. If you send me the public information about your relationship with the board that I asked for two months ago--and asked the board to tell you to provide me--then I can determine how long you have indeed had the job.

The information below is the same that I used at HCC to encourage non-discrimination. I infer if a contractor has any federal money at all that contractor is liable to federal non-discrimination provisions in employment and that Ms. Elia's with the board's approval hiring of her cronies or sycophants into jobs in administration for which they are not qualified and which the board has not advertised violates the federal non-discrimination provisions.

I infer if a contractor--such as the Hillsborough County school board--does not practice equal opportunity in hiring that a citizen such as I can ask for a compliance review from the federal government of the contractor's practices to ensure that these are coincident with the equal-employment-opportunity executive order.

I am aware that my inference will earn me another threat from you of my committing extortion for asking that the school board of Hillsborough County carry out the federal laws, for which board you are attorney, but I am willing to take the risk and to spend the rest of my life in the pokey in the name of equal opportunity, my incarceration's being attenuated by my hanging Prisella curtains in my cell, needlepointing wedding rugs for my granddaughters to wile away the hours, and making buddies of all the guards so that we can gossip about the vagaries of prison life.

May your house be safe from tigers as people say in India both in and out of jail.

Your pal, the extortion kid,

lee



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January 20, 2008 DOL Home > ESA > OFCCP Home > Laws & Regulations


Executive Order 11246, As Amended

Executive Order 11246 - Equal Employment Opportunity

SOURCE: The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964-1965 Comp., p.339, unless otherwise noted.

Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows:

Part I - Nondiscrimination in Government Employment

[Part I superseded by EO 11478 of Aug. 8, 1969, 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803]

Part II - Nondiscrimination in Employment by Government Contractors and Subcontractors

Subpart A - Duties of the Secretary of Labor

SEC. 201.The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order.

[Sec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, l978 Comp., p. 230]

Subpart B - Contractors' Agreements

SEC. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The contractor will comply with afl provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.


1 comment:

Anonymous said...

Even if the school board is allowed to hand out no bid contracts as the attorney says, is it really the ethical, fair, and right thing to do? His argument is that they do not have to advertise or allow bidding on contracts. Well, taxpayers would like to make sure that they get the cheapest and best contract, so the school board should ethically bid everything out. Better yet, they should hire people who know what they are doing, so they don't have to hire experts to do their jobs for them!