Resolution 979 – Urging Governor Inslee to Rescind Governor’s Directive 98-01
RESOLUTION URGING GOVERNOR INSLEE TO SIGN EXECUTIVE ORDER RESCINDING GOVERNOR’S DIRECTIVE 98-01
WHEREAS in 1998, Washington voters passed Initiative 200 (I-200) which clearly stated in the November 3, 1998 Washington State Voters Pamphlet, that I-200 does not end all affirmative action programs, but prohibits programs which use race and gender to select a lesser qualified applicant over a more qualified applicant for a public job, contract or admission to a state college or university; and
WHEREAS since December 3, 1998, Washington state has implemented Governor’s Directive Number 98-01 which for 23 years has grossly misinterpreted Initiative 200 (I-200), codified as RCW 49.60.400, by erroneously stating that neither race nor sex could ever be used as factors to select candidates for public college or university admissions, public employment or a public contracting; and
WHEREAS in 2003, the Washington State Supreme Court in Parents Involved in Community Schools v. Seattle School District No.1, interpreted RCW 49.60.400 to only prohibit the state’s use of race or gender to select a less qualified applicant over a more qualified applicant, and in 2017, Washington Attorney General (AG) Robert Ferguson issued AGO Opinion 2017, No. 2 which concluded: 1) I-200 allows Affirmative Action programs as long as neither race nor gender are used to select a less qualified contractor over a more qualified contractor; and 2) Evidence of discrimination in state contracting, which race or sex-neutral measures fail to remedy, may justify a race or sex-conscious remedy for that disparity; and
WHEREAS in 2017, a Washington State Department of Transportation (WSDOT) Disparity Study found concrete evidence that women and contractors of color suffer discriminatory barriers to fair access to federal and state-funded construction contracts across Washington’s multi-billion-dollar transportation industry; and
WHEREAS in January, 2019, the Office of Minority and Women Business Enterprises (OMWBE) reported that since the 1998 passage of I-200, Washington’s small, minority and women owned businesses lost an estimated $3.9 billion in state public contracting opportunities, concluding in its 2019 Disparity Study that 1) women and people of color do not enjoy equal access to all aspects of State contracting opportunities; 2) the lack of remedial market intervention in the wake of Initiative 200 perpetuates this inequality; and 3) remedial action is necessary to end discrimination in State contracting activities.
NOW THEREFORE, BE IT RESOLVED that the Washington State Democratic Central Committee (WSDCC) urges Governor Jay Inslee not to repeal I-200 but to reaffirm Washington State’s commitment to Diversity, Equity and Inclusion by immediately signing an EXECUTIVE ORDER rescinding Governor’s Directive 98-01 and correctly implementing I-200 (RCW 49.60.400) to eliminate systemic inequities for all Washingtonians; and
BE IT FURTHER RESOLVED, that the WSDCC urges all members to support the “WASHINGTON EQUITY NOW!” RESOLUTION and publicize the WSDCC’s support of the “WASHINGTON EQUITY NOW!” RESOLUTION on the WSDCC’s website, to all local and social media and to all Democratic state and local elected officials; and
BE IT FINALLY RESOLVED, that the CHAIR of the WSDCC shall email this resolution directly to Governor Jay Inslee with simultaneous copies of that email to the resolution sponsors by no later than Friday, October 1, 2021.
- Washington Voters’ Pamphlet 1998.pdf (wa.gov)
- Governor’s Directive No. 98-01 (wa.gov)
- RCW 49.60.400: Discrimination, preferential treatment prohibited. (wa.gov)
- WA Reports Public Access Cui| PAW Document Page (lexis.com)
- Use Of Race- Or Sex-Conscious Measures Or Preferences To Remedy Discrimination In State Contracting | Washington State
- WSDOT Disparity Study 2017 (wa.gov)
- State of Washington Disparity Study 2019