Meeting_Body
EXECUTIVE MANAGEMENT COMMITTEE
MARCH 17, 2016
Subject/Action
SUBJECT: TRANSPORTATION BUSINESS ADVISORY COUNCIL APPOINTMENTS
ACTION: APPROVE BUSINESS ORGANIZATIONS FOR THE TRANSPORATION BUSINESS ADVISORY COUNCIL MEMBERSHIP
Heading
RECOMMENDATION
Title
APPOINT the current 16 organizations that will form the Transportation Business Advisory Council membership.
Issue
ISSUE
The Transportation Business Advisory Council (TBAC) was created in 1992 by Assembly Bill 152, and was codified into law as Public Utilities Code Section 130051.19(c). The purpose of TBAC is to advise Metro on matters regarding women and minority business enterprises.
Per its by-laws, TBAC member organizations are selected through its membership committee and approved by the general membership. This member selection process, however, is contrary to Public Utilities Code Section 130051.19(c) which provides that "Members of the council shall be selected by the authority..." The term "authority," although not expressly defined in the statute, has been generally interpreted to mean the Metro Board of Directors. Accordingly, to comply with Section 130051.19(c), TBAC members shall be selected by the Metro Board of Directors.
Discussion
DISCUSSION
Public Utilities Code section 130051.19(c), which created TBAC, states the following:
"The authority shall establish a Transportation Business Advisory Council to advise it on matters regarding the disadvantaged business enterprise program to enable the authority to meet or exceed women and minority business enterprise participation goals. Members of the council shall be selected by the authority, and shall include representatives of professional organizations and other groups which advocate on behalf of greater participation of women and minority business enterprises in public contracts. The chairperson of the authority or his or her designee shall meet with the council, and the authority shall provide adequate staff suppor...
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