N.Y. Exec. Law § 311-a

* § 311-a. Minority and women-owned business enterprise statewide\nadvocate. 1. There is hereby established within the division of minority\nand women's business an office of the minority and women-owned business\nenterprise statewide advocate. The statewide advocate shall be appointed\nby the commissioner with the advice of the small business advisory board\nas established in section one hundred thirty-three of the economic\ndevelopment law and shall serve in the unclassified service of the\ndirector..\n 2. The advocate shall act as a liaison for minority and women-owned\nbusiness enterprises (MWBEs) to assist them in obtaining technical,\nmanagerial, financial and other business assistance for certified\nbusinesses and applicants. The advocate shall receive and investigate\ncomplaints brought by or on behalf of MWBEs concerning certification\ndelays and instances of violations of the requirements of this article\nby contractors and by state agencies. The statewide advocate may assist\ncertified businesses and applicants in the certification process. Other\nfunctions of the statewide advocate shall be directed by the\ncommissioner. The advocate may request and the director may appoint\nstaff and employees of the division of minority and women business\ndevelopment to support the administration of the office of the statewide\nadvocate.\n 3. The statewide advocate shall conduct periodic audits of state\ncontracting agencies' compliance with the requirements of section three\nhundred fifteen of this article, such audits shall include a review of\nthe books and records of state contracting agencies concerning, among\nother things, annual agency expenditures, annual participation of\nminority and women-owned business enterprises as prime contractors and\nsubcontractors in state contracting agencies' state contracts, and\ndocumentation of state contracting agencies' good faith efforts to\nmaximize minority and women-owned business enterprise participation in\nsuch agencies' contracting.\n 4. The statewide advocate shall investigate complaints by certified\nminority-owned business enterprises or women-owned business enterprises\nconcerning a procuring governmental entity's failure to comply with the\nrequirements of section three hundred fifteen of this article.\n 5. The statewide advocate shall report to the director and\ncommissioner by November fifteenth on an annual basis on all activities\nrelated to fulfilling the obligations of the office of the statewide\nadvocate including, but not limited to: (a) the number of complaints\ninvestigated; (b) the resolution of complaints, as applicable; and (c)\ninformation regarding audits conducted pursuant to this subdivision. The\ndirector shall include the unedited text of the statewide advocate's\nreport within the reports submitted by the department of economic\ndevelopment to the governor and the legislature.\n * NB Repealed July 1, 2028\n