The city's use of "diversity, equity and inclusion" language in its policies is once again on the Columbia City Council's agenda.
Legal protections would be provided for city employees involved in signing paperwork for federal grants, if the city were ever to be accused of violating federal law, under a proposal the City Council will consider on Monday.
The resolution is among several items up for consideration during the council's regular meeting, which is scheduled to begin at 7 p.m. Monday at the Daniel Boone City Building, 701 E. Broadway.
It comes just two weeks after the council heard more than two hours of testimony from residents about a proposal to remove "diversity, equity and inclusion" — or DEI — language from the city's strategic plan. That proposal was tabled until a council meeting scheduled for June 16.
In the meantime, the resolution up for consideration Monday would indemnify and provide legal protection to city employees who provide documentation for federal funds in the event the city's policies or actions were to become part of a lawsuit.
City employees involved with grant funding often provide documents known as "assurances and certifications," which affirm the city is following all federal laws.
But, if the city has a DEI policy that a federal agency determines runs contrary to the administration's current interpretation of anti-discrimination law, the city could lose its federal funding and those who signed the "assurances and certifications" documents could be accused of fraud.
Likewise, if the city affirms in its documents that it will not interfere in any federal immigration enforcement but then interferes or fails to cooperate in such an activity, the city could lose funding and the employees who signed those documents could be accused of fraud.
Under the federal False Claims Act, any citizen could theoretically file a lawsuit against the city alleging that the city received federal funds fraudulently.
On April 25, Transportation Secretary Sean Duffy sent a letter to local entities that — like Columbia — receive federal transportation funding, warning that failure to abide by federal law could result in loss of federal funds.
"Whether or not described in neutral terms, any policy, program, or activity that is premised on a prohibited classification including discriminatory policies or practices designed to achieve so-called 'diversity, equity, and inclusion,' or 'DEI' goals, presumptively violates Federal law," Duffy wrote in the letter.
The City Council on Monday also is scheduled to:
- Consider authorizing a cost share agreement with the Missouri Highways and Transportation Commission for pedestrian improvements on the planned Interstate 70 and U.S. 63 interchange. The city and state would split the cost evenly, with the city's portion being funded by $1 million from its transportation sales tax.
- Hold public hearings on a proposal to design and build sanitary sewers to serve the Henderson Branch Watershed, and proposals to make improvements to Strawn Park.
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