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2005 LAWS OF MARYLAND
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Ch. 562
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(iv) If the owners of the business who are not minorities are
disproportionately responsible for the operation of the firm, the firm is not controlled
by minorities and may not be considered a minority business enterprise within the
meaning of this section. Where the actual management of the business is contracted
out to individuals other than the owner, those persons who have the ultimate power to
hire and fire the managers may, for the purposes of this section, be considered as
controlling the business.
(v) All securities which constitute ownership or control of a
corporation for purposes of establishing it as a minority business enterprise under
this section shall be held directly by minorities. No securities held in trust, or by any
guardian for a minor, shall be considered as held by minorities in determining the
ownership or control of a corporation.
(vi) The contributions of capital or expertise by the minority owners
to acquire their interests in the business shall be real and substantial. Insufficient
contributions include a promise to contribute capital, a note payable to the business
or its owners who are not socially and economically disadvantaged, or the mere
participation as an employee, rather than as a manager.
(vii) The certifying agency shall give special consideration to the
following additional circumstances in determining eligibility:
1. Newly formed businesses and businesses whose ownership
or control has changed since the date of the advertisement of the contract are closely
scrutinized to determine the reasons for the timing of the formation of or change in
the businesses;
2. A previous or continuing employer-employee relationship
between or among present owners is carefully reviewed to ensure that the
employee-owner has management responsibilities and capabilities discussed in this
section; and
3. Any relationship between a minority business enterprise
and a business which is not a minority business enterprise which has an interest in
the minority business enterprise is carefully reviewed to determine if the interest of
the nonminority business conflicts with the ownership and control requirements of
this section.
(5) (i) The WSSC may conduct any impartial fact-finding study in
connection with a minority business enterprise program for consistency with
applicable law.
(ii) The WSSC shall report the findings of any review completed
under this paragraph to the Montgomery County and Prince George's County
Delegations to the General Assembly.
(6) By September 15 of each year, the WSSC shall issue a report
concerning the implementation and administration of the minority business
enterprise program for the fiscal year ending on the preceding June 30, and
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