OTHER PROVISIONS

Columbus City Codes tit. 39, ch. 3907

in effect

Columbus City Codes § 3907.01 Enforcement.

3907.01 - Enforcement. If there is determined to be a substantial or material violation of the compliance procedures set forth in this Diversity and Inclusion Code or as may be provided for by the contract, appropriate proceedings may be brought by the city to enforce those provisions, including, but not limited to, the enjoining, within applicable law, of contractors, subcontractors or other organizations, individuals or groups who prevent or seek to prevent, directly or indirectly, compliance with the policy provided for in this Code. (Ord. No. 2026-2021, § 1, 7-26-2021)

Columbus City Codes § 3907.02 Determination of compliance and non-compliance.

3907.02 - Determination of compliance and non-compliance. The Office of Diversity and Inclusion, along with the contracting staff of each City department, shall monitor contractor compliance requirements during the term of the contract. If it is determined that there is cause to believe that a prime contractor or subcontractor has failed to comply with applicable requirements of Title 39, the Office of Diversity and Inclusion shall so notify the originating department and the contractor. The Office of Diversity and Inclusion Director, or designee, may require such reports, information and documentation from contractors, respondents and the head of any City department, division or office as are reasonably necessary to determine compliance within fifteen (15) calendar days after a preliminary finding of non-compliance. If non-compliance cannot be resolved, the Director of the contracting agency/department or designee shall submit written recommendations to the Office of Diversity and Inclusion Director or designee. If the Director agrees, the recommendation of the contracting agency/department shall be implemented. The contractor will be afforded a reasonable time to correct the situation. If the Director is not in agreement, the reasons shall be stated. If the Director makes a final determination that the contractor has violated or has failed to comply with this Title and the contractor has been given reasonable time to correct such situation and/or where negotiations have been of no avail, the Director shall transmit a finding of noncompliance thereon to the Director of Finance and Management in accordance with Section 329.16. A contractor that has received a notice of non-compliance from the Office of Diversity and Inclusion shall have a right of appeal in accordance with section 3907.03. (Ord. No. 2026-2021, § 1, 7-26-2021; Ord. No. 2116-2025, § 1, 11-17-2025)

Columbus City Codes § 3907.03 Appeals.

3907.03 - Appeals. (A) Any business entity, bidder, contractor or vendor ("aggrieved party") may appeal a determination of non-compliance, a denial of certification, a certification suspension or a de-certification by filing a notice of appeal with the Office of Diversity and Inclusion in writing on a form and in a manner provided for by the Office, within thirty (30) days of receipt of the notice of same. The notice of appeal shall set forth the action being appealed and the reasons for and basis of the appeal. (B) Upon receipt of a notice of appeal, the Office of Diversity and Inclusion, shall forward the notice to an independent hearing officer ("hearing officer") to provide for a fair and impartial hearing. The duties of the hearing officer shall be as follows: 1) The hearing officer shall set a date for a hearing to be held not more than thirty (30) days from the date of receipt of the notice by the Office of Diversity and Inclusion The hearing officer shall cause notice of the hearing to be served upon all parties. Such notice shall set forth the action being appealed by the aggrieved business and shall include the hearing date, time and place. 2) At the hearing, all parties shall be provided the opportunity to appear, to be heard, to present evidence, and to argue their case. Staff from the Office of Diversity and Inclusion shall have the burden of going forward with the presentation of evidence in support of their determination. The parties shall have the right to offer and examine witnesses and to cross-examine adverse witnesses. Testimony shall be given under oath. 3) The hearing officer shall make recommendations on all matters of evidence. The hearing officer may ask questions of any witness at any point in the proceedings and may set time and other limitations for each side in the presentation of evidence. A record of proceedings shall be kept. Parties seeking a stenographic record shall acquire such stenographic record at their own expense. (C) The hearing officer shall, within ten (10) days of the hearing, render a written decision on the appeal, which decision shall affirm, alter, or reverse the determination of non-compliance or the denial of certification, suspension of certification or de-certification by the Office of Diversity and Inclusion. Notice of the decision shall be sent to all parties by registered mail and shall set forth the reasons for the decision. (D) The decision of the hearing officer shall be final, subject to the right of further appeal as may be provided by state law. (Ord. No. 2026-2021, § 1, 7-26-2021)

Columbus City Codes § 3907.04 Criminal sanctions.

3907.04 - Criminal sanctions. (A) Falsifying any facts, information, or applications required or authorized by Title 39 of the City Code shall constitute the offense of falsification as prohibited in Section 2321.13. (B) In the event a conviction or guilty plea is obtained pursuant to any criminal prosecution pertaining to the falsification of any facts, information, or application required or authorized by Title 39, the offender shall be permanently debarred from participation in Office of Diversity and Inclusion programs. Such conviction or guilty plea may constitute grounds for debarment from City contracts pursuant to Chapter 329. (Ord. No. 2026-2021, § 1, 7-26-2021)

Columbus City Codes § 3907.05 Severability.

3907.05 - Severability. If any of the provisions set forth in the Diversity and Inclusion Code or any chapter, section, subsection, paragraph, sentence, clause or phrase thereof shall be found to be unconstitutional, invalid, illegal or unenforceable for any reason, the application of the remainder of this Code shall not be affected by any such finding of unconstitutionality, invalidity, illegality or unenforceability, and the remaining chapters, sections, subsections, paragraphs, sentences, clauses or phrases thereof shall remain in full force and effect to the extent practicable and allowable by law. It is the specific and express intention that if any provisions of this Code or any application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Code which can be given effect without the invalid provisions or applications, and any such provisions determined invalid are declared to be severable. (Ord. No. 2026-2021, § 1, 7-26-2021)

Columbus City Codes § 3907.98 Periodic Council Review and Reauthorization.

3907.98 - Periodic Council Review and Reauthorization. Council shall evaluate the effectiveness of the programs provided for in Title 39 in calendar year 2024 and every five (5) years thereafter and determine whether any of the programs merit extension. If Council determines that a program or program(s) provided for under Title 39 merit extension, Council may extend the program(s) for no longer than an additional five-year period. (Ord. No. 2700-2023, § 3, 12-4-2023)

Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT39DIINCO_CH3907OTPRFetched: 10/27/2026