Wednesday, June 1, 2016

MSD EMPLOYMENT INCLUSION EVASION

Below are emails regarding the attempt to obtain from the Metropolitan Sewer District (MSD) under the Missouri Sunshine law information about MSD's employment diversity:

From: eric vickers
Sent: Thursday, May 12, 2016 12:40 PM
To: Susan Myers, Metropolitan Sewer District (MSD) General Counsel

Susan M. Myers

Good morning. You might recall that at the last meeting I requested MSD to provide information about the diversity in its employment, such as the number of African-American engineers employed by MSD, and MSD agreed to provide such. So please advise when we will receive this information. Thanks, and have a good day.

Eric

From Susan Myers
Sent: Thursday, May 12, 2016
Eric, 
I do recall your request and since it is not related to the Community Benefits Agreement 
I will consider it a Sunshine Request pursuant to Missouri Sunshine Law, 
Chapter 610 RSMo. With that being said, since there are key MSD individuals currently 
out of town that need to be involved in the evaluation, MSD will commit to providing 
you a response by May 25, 2016.

Sincerely,

Susan M. Myers

From: tsnoke@stlmsd.com

To: eric_vickers@hotmail.com

CC: SunshineRequests@stlmsd.com; SMYERS@stlmsd.com

Subject: Re: Employment Diversity Sunshine Request

Date: Wed, 25 May 2016 21:03:46 +0000

Mr. Vickers,

Good afternoon. As MSD's Secretary-Treasurer, I am the Official Records Keeper of 
District Public Information and my office is responsible for tracking and responding 
to sunshine requests. As requested, attached is the public information available on 
the diversity in MSD's employment.

Tim R. Snoke
From: eric vickers 

Sent: Wednesday, May 25, 2016 9:03 PM
To: Tim Snoke

Mr. Smoke:

Good evening. Thank you for this information. However, it is not sufficiently responsive 
to my request for information concerning the diversity in employment at MSD. While 
the simple graph you have provided shows a global picture of African Americans 
holding 25% of the jobs at MSD, there is no breakdown as to how many of these 
jobs are, for example, held by janitors versus engineers. And I specifically requested 
information as to the number and percentage of black engineers employed by MSD.

Consequently, please provide me the data as to the number and percentage of blacks 
in management positions; the number and percentage of blacks in professional 
positions; and the number and percentage of blacks in non-management and 
non-professional positions. Since you have a figure for the total number of black 
employees, I assume you have information as to the position held by each.

      Thank you.

Eric


From: tsnoke@stlmsd.com

To: eric_vickers@hotmail.com

Date: Tue, 31 May 2016 21:00:57 +0000

Mr. Vickers,

Thank you for clarifying your request. The records you have requested, however, are 
closed under 610.021(14) RSMo since they are protected from disclosure by laws 
such as, but not limited to 18 U.S.C. Section 1905, Exemption 4 of FOIA, and the 
confidentiality provisions of Section 709(e) of Title VII of the Civil Rights Act.

To: Tim R. Snoke
Date: Tue, 31 May 2016
Mr. Snoke,

With all due respect, what I am requesting are not records that violate any 
confidentiality or  privilege, or are records for which there is an exemption under 
the Missouri Sunshine law or FOIA.  In fact what I have requested is commonly 
provided in EEO reports, namely, a racial breakdown of job classifications by an 
employer.  How, for instance, does it breach some confidentiality or privilege for 
MSD to inform the public how many engineers it has on staff, and how many of 
them are black?

 You were quite willing to provide a global number for the MSD's African-American 
employees, representing that they are 25% of the total MSD workforce.  Yet you 
claim that you cannot give a breakdown of this 25% by job classification.  In the 
manner of speaking of  a current apparent nominee for president, this is bullshit.

What triggered me seeking this information was MSD management stating in a 
meeting that it looked into the level of African-American employment by companies 
seeking contracts with it as part of MSD's determining whether the companies were 
making a good faith effort to comply with MSD's M/WBE goals. 

With MSD examining the houses of others, I think it important that we examine 
MSD's house to see if blacks are being included in its workforce, because this sends 
a signal to the marketplace whether MSD is only talking a good game about inclusion, 
or practicing one.      

Hence, can you respond to this simple request: How many engineers are employed 
by MSD, and how many, if any, are African-Americans?

    Thank you.

Eric


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