{"data":{"id":"us-ky/krs-67c.119","jurisdiction":"us-ky","citation":"KRS 67C.119","heading":"Requirements for affirmative action plan for consolidated local","body":"government -- Responsibilities of Affirmative Action Office -- Employment\nopportunities to be equally available to all citizens -- Procedures governing\nawarding of contracts, leases, and other agreements with consolidated local\ngovernment -- Hearing to ensure compliance and enforcement -- Affirmative\naction appeals.\n(1) The consolidated local government shall have an affirmative action plan that\ncomplies with all current federal guidelin es and requirements relevant to local\ngovernments.\n(2) The mayor shall prepare and implement an affirmative action plan.\n(3) There shall be established under the direction of the mayor an office that shall be\ncalled the \"Affirmative Action Office.\"\n(4) The Affirmative Action Office shall aid the mayor in preparing the plan, and shall\nbe responsible for the day -to-day operation and implementation of the affirmative\naction plan.\n(5) An affirmative action plan, in addition to following all federal requirements , shall\ninclude good faith efforts to:\n(a) Determine the extent to which minorities and women are underutilized in\nmajor categories;\n(b) Identify and eliminate the specific causes of the underutilization;\n(c) Identify and eliminate all employment practices  that have an adverse impact\non minorities, women, and others protected by applicable law and the\nrelationship of which to job performance has not been clearly established;\n(d) Rely exclusively on practices that are based on merits and other valid job\nrelated criteria;\n(e) Develop substantial applicant pools of validly qualified minorities and\nwomen, special recruitment efforts, and other measures to insure that\nsufficient numbers of these groups are included to help reduce their\nunderutilization;\n(f) Develop, through special recruitment efforts and other measures, applicant\npools in which handicapped persons are represented equitably;\n(g) Project goals and timetables to include estimates of the representation of\nminorities and women likely to result from th e operation of this affirmative\naction plan; and\n(h) Establish organizational structures and monitoring systems that will ensure\neffective operation of its goals, and means for modification of the plan as\nneeded.\n(6) All contracts, leases, or other agreeme nts for materials, supplies, equipment, or,\ncontractual services other than professional that, in the aggregate, exceed the\namount for small purchases in KRS 45A.385 in any fiscal year shall be awarded in\ncompliance with KRS 424.260 or with KRS 45A.343 to 45A.460, if applicable.\n(7) Notwithstanding anything to the contrary in this section, the provisions of this\nsection shall apply to every person, firm, corporation, and association that has been\nawarded contracts, leases, or other agreements as provided by KRS 424.260 or with\nKRS 45A.343 to 45A.460, if applicable, that, in the aggregate, exceed the amount\nfor small purchases in KRS 45A.385 in any fiscal year.\n(8) Employment opportunities generated directly or indirectly by the government of the\nconsolidated local government shall be e qually available to all citizens without\nregard to race, color, religion, national origin, marital status, physical handicap, sex,\nor age. In order to ensure that employment opportunities generated directly or\nindirectly by the consolidated local governmen t are equally available, contractors\nand vendors shall be approved as provided by this section prior to the awarding of\nany contract, lease, or other agreement that requires an expenditure in excess of the\namount for small purchases in KRS 45A.385 with the  consolidated local\ngovernment.\n(9) No person, firm, corporation, or association shall be awarded a contract, lease, or\nother agreement that requires an expenditure in excess of the amount for small\npurchases in KRS 45A.385 until and unless that person, fi rm, corporation, or\nassociation has been prequalified as determined by procedures and requirements\nenacted by ordinance by the consolidated local government.\n(10) No officer, employee, or agent of the consolidated local government shall accept a\ncontract, lease, or other agreement that requires an expenditure in excess of the\namount for small purchases in KRS 45A.385 with the consolidated local\ngovernment until and unless that person, firm, corporation, or association has been\nprequalified as determined by procedures and requirements enacted by ordinance by\nthe consolidated local government.\n(11) All persons, firms, corporations, or associations seeking to bid on contracts, leases,\nor other agreements that require an expenditure exceeding the amount for smal l\npurchases in KRS 45A.385 with the consolidated local government shall submit a\nrequest for prequalification as an eligible contractor, pursuant to the procedures and\nrequirements enacted by ordinance by the consolidated local government.\n(12) The consoli dated local government shall make available a list of all bidders who\nhave been prequalified and shall distribute the list to the appropriate purchasing\nofficers, employees, or agents of the consolidated local government.\n(13) Any person, firm, corporation, or association that submits an otherwise qualified bid\nfor a contract, lease, or other agreement pursuant to the provisions of KRS 424.260,\nbut that has not prequalified pursuant to this section, may be approved by the\nconsolidated local government as pr ovided by this section. Any person, firm, or\ncorporation that is approved by the consolidated local government shall thereafter\nbe qualified and considered eligible for award for a contract, lease, or other\nagreement.\n(14) The consolidated local government  shall prequalify persons, firms, corporations,\nand associations seeking a contract, lease, or other agreement that requires an\nexpenditure exceeding the amount for small purchases in KRS 45A.385 with the\nconsolidated local government if, on an analysis of  the workforce of that entity, the\nconsolidated local government determines that:\n(a) The entity is not deficient in the utilization of minority groups or women;\n(b) The entity has an acceptable, bona fide affirmative action plan;\n(c) The entity is a small business that employs ten (10) or fewer individuals;\n(d) The entity has a federally approved affirmative action program; or\n(e) The consolidated local government has made a finding based on other\nreasonable criteria, and after consideration of the provisi ons of 41 C.F.R. 60 -\n2, determines the entity does not require an affirmative action plan.\n(15) An acceptable affirmative action plan for an entity seeking a contract, lease, or other\nagreement with a consolidated local government shall include:\n(a) An analysis of the areas of the entity's workforce within which it is deficient\nin the utilization of minority groups and women; and\n(b) Timetables to which the entity's good faith efforts shall be directed to correct\nthe deficiencies and to achieve prompt and fu ll utilization of minorities and\nwomen at all levels and in all segments of its workforce where deficiencies\nexist.\n(16) A bona fide affirmative action plan for an entity seeking a contract, lease, or other\nagreement with a consolidated local government sh all include a set of specific and\nresult-oriented procedures, goals, and timetables to which an entity commits itself\nto apply every good faith effort in order to achieve equal employment opportunity.\nProcedures without effort to make them work are meaning less and effort undirected\nby specific and meaningful procedures is inadequate.\n(17) In reviewing an affirmative action plan for an entity seeking a contract, lease, or\nother agreement with a consolidated local government, the consolidated local\ngovernment shall be guided by the relevant provisions of 41 C.F.R. 60 -2 which\noutlines the requirements of affirmative action plans for federal contractors and\nvendors.\n(18) The consolidated local government shall use its best efforts, directly and through\ncontracting agencies, other interested federal, state, and local agencies, contractors,\nand all other available instrumentalities to cause any labor union engaged in work\npursuant to contracts, leases, and agreements that are the subject matter of this\nsection or a ny agency referring workers or providing or supervising apprenticeship\nor training for or in the course of this work to cooperate in the implementation of\nthe purposes of this section.\n(19) The consolidated local government on its own motion or on motion o f any\ninterested party shall cause hearings as it deems necessary for compliance or\nenforcement of this section.\n(20) The consolidated local government shall hold a hearing prior to imposing or\nrecommending the imposition of penalties and sanctions for vio lation of this\nsection. No penalty that would prohibit any contractor from obtaining future\ncontracts under this section shall be made without affording the contractor an\nopportunity for a hearing.\n(21) Notice of any final decision or determination of the consolidated local government\nthat affects the running of time for taking an appeal shall be mailed to all parties in\nthe matter, including the proposed contractor, lessor or other party, and the affected\nlocal government offices.\n(22) The consolidated loc al government shall establish an affirmative action appeals\nboard for purposes of hearing appeals from any final decision relating to matters\npertaining to this section. The board shall be composed of the county attorney, or\nhis or her designee, the counci l president of the consolidated local government, or\nhis or her designee, and a representative of the financial department of the\nconsolidated local government, or his or her designee.\n(23) Any appeal from a decision of the consolidated local government sh all be hand -\ndelivered or mailed by certified mail to the affirmative action appeals board not\nlater than thirty (30) days from the date of the local government's decision. The\nappeal shall set forth the grounds for the appeal. The appeals board shall notif y all\nparties in writing of the time and place of a hearing. The hearing committee may\nissue subpoenas for any witnesses requested by either of the parties or in the appeals\nboard's opinion necessary to the proper disposition of the matter to be heard. All\nparties shall be allowed legal representation, witnesses may be cross -examined, and\nthe proceeding shall be recorded. The local government shall transmit, within ten\n(10) days after receipt of notice of appeal, all the original papers in action to the\nappeals board.\n(24) The appeals board shall have the power to require the contractor to furnish all\nnecessary records and give testimony as to enable the board to render a fair and\ncompetent decision. The duty of the board shall be to review all records, hear  all\ntestimonies of witnesses, and determine whether the decision of the local\ngovernment was correct. The decision of the appeals board shall be final. The\ndecision of the appeals board shall be transmitted in writing to the appropriate\noffices of the loc al government for implementation and shall set forth specifically\nits findings of fact and conclusions relative to its determination. The administration\nof sanctions and penalties in accordance with that determination shall be the duty of\nthe appropriate d epartment or contracting agency of the consolidated local\ngovernment.\n(25) (a) On request of the adversely affected party the appeals board may, on terms as\nare just, relieve a party from its final order of determination on the following\ngrounds:\n1. Mistake, inadvertence, surprise, or excusable neglect;\n2. Newly discovered evidence that by due diligence could not have been\ndiscovered in time for the hearing;\n3. Perjury or falsified evidence; or\n4. Fraud affecting the proceedings other than perjury or falsified evidence.\n(b) The request shall be made within thirty (30) days after notification of the\nappeals board's final determination. A request under this subsection does not\naffect the finality of the order or determination or suspend its operation.\n(26) In accordance with the enforcement provisions of this section, the consolidated\nlocal government may cancel, terminate, suspend, or cause to be canceled,\nterminated, or suspended, any contract, lease, or agreement that is the subject matter\nof this section for failure of the contractor or vendor to comply. Contracts, leases,\nand agreements may be canceled, terminated, or suspended absolutely or\ncontinuance of contracts, leases, and agreements may be c onditioned on a program\nfor future compliance as approved by the consolidated local government.\n(27) Any contracting agency shall refrain from entering into further contracts or\nextensions or other modifications of existing contracts, with any noncomplying\ncontractor, until the contractor has established and will carry out personnel and\nemployment policies in compliance with the provisions of this section.\n(28) Whenever the consolidated local government makes a determination regarding\nnoncompliance by a con tractor pursuant to this section, it shall promptly notify the\nappropriate contracting agency and other affected local government agencies and\noffices of the action recommended. The contracting agency shall take the action\nrecommended and shall report the results of that action to the consolidated local\ngovernment.\n(29) If the appeals board shall so direct, contracting agencies shall not enter into\ncontracts with any bidder or prospective contractor unless the bidder or prospective\ncontractor has satisfactorily complied with the provisions of this order or submits a\nprogram for compliance acceptable to the consolidated local government.","path":["KRS Chapter 67C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42357","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:29Z","sha256":"a82a349d9d240d6c3468f1e1ecaddfa6b1db4df808f0e17c5a7d712930ff2f01","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67c.117","next":"us-ky/krs-67c.121"},"notice":"GroundRules: Original legal text. Not legal advice."}