Board of Trustees meeting Agenda | October 2019

Page 2 of 4 The State of Washington must follow a very prescriptive legal path to use a race or gender conscious measure to remedy discrimination. The Attorney General’s Office 2017 Opinion No 2 outlines the actions the State must take prior to implementing race and gender conscious goals. The State must demonstrate that race and gender-neutral measures have not resolved the discrimination before race and gender- conscious measures can be implemented. Enforceable goals are only allowed under the 14 th Amendment to the Constitution as a last resort. 6. What steps has the State taken to implement race and gender neutral efforts? The state of Washington has implemented various forms of race and gender conscious efforts. These efforts include, but are not limited to the following: • Voluntary Inclusion Goals and Plans

• Hosting and Attending Outreach and NetworkingEvents • Technical Assistance and Business DevelopmentCounseling • Electronic Monitoring and Tracking Systems • Mentor Protégé Program • Changes in Contract Language, contract requirements and Solicitations • Online improvements to access contract information andrequirements • Training

While the state has made significant efforts to implement race and gender neutral programs, this has not been a statewide approach to inclusion. The Washington State Department of Enterprise Services is chairing the Governor’s Subcabinet on Business Diversity and is developing the tools to implement a statewide program through a Community of Practice. 7. What is the Governor’s Subcabinet on BusinessDiversity? The Governor can direct a Subcabinet made up of appropriate cabinet agencies to address a specific issue. Governor Jay Inslee chose 12 of his executive cabinet agencies for the Business Diversity Subcabinet. These agencies make up 2/3 of the total state spend and is inclusive of the key partner agencies such as the Ethnic Commissions.

8. What is the mission of the Subcabinet? Governor Inslee's Subcabinet initiative brings together numerous state agencies and the small and diverse business community to seek statewide, big-picture solutions that are long-term and sustainable. In the past, agencies sought solutions independently, and did not have a statewide community of practice that allowed for a common understanding of data, performance measures, and terminology. The intent in the formation of the Subcabinet is to create a community where agencies can use model policies, practices and processes to foster, cultivate and share best practices in increasing utilization of small and diverse businesses.

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