Litigation Chair and MWBE services lead James Youngs is quoted in the Peekskill Herald article “Persistence paid off for Stacey Tompkins,” discussing WBE Certification.
It was all about the numbers for Stacey Tompkins. The president of Tompkins Excavating, a local site development company, knew that women make up only 11 percent of the construction workforce in the heavily male-dominated industry. What she didn’t expect was that it would take her 11 years to receive certification from New York State as a Minority and/or Women-led Business Enterprise (MWBE).
In 1991 she had left her management position at Aramark to join her husband Mark Tompkins in the business he founded in 1980 as a landscape company. Her drive and vision helped the company expand into landscape construction and excavation. She flourished in it as the owner and president of Tompkins Excavating, but she knew the MWBE state seal of approval would put Tompkins’ company in the running for the 3 percent to 15 percent of publicly funded projects required to go to MWBE-certified companies.
Under Tompkins leadership, the company grew their annual revenues from $1 million to over $12 million. Tompkins Excavating was responsible for site development of Peekskill’s fire station as well as the rebuild of the former Lincoln Mercury dealership that was destroyed by a fire years ago and is now the current commercial strip that includes AutoZone and Family Dollar on Main Street. Her other company, a development firm called West Shore Enterprises, just constructed six new rental units off Vail Avenue.
“When I submitted my first application, 11 years ago, I was a bit naïve about the process,” explained Tompkins. “We followed the application rules outlined on the state’s website, but we were denied. And when we appealed the decision, that was denied too.”
Disappointed but undeterred after her first rejection by the state, Tompkins tried again after the two-year wait required by the state. ”By that time, we were in the midst of Covid,” she said. “I sought help from Westchester’s Women’s Enterprise Development Center (WEDC), and while I felt I benefitted from their advice, once again, our application was denied. And because of Covid, there was no chance of appeal.”
“I was dogged about pursuing this designation,” said Tompkins. “It was both a business and a personal mission. I felt it was something I earned and deserved. I was not going to give up.”
Her new mantra became, “I am not leaving this earth until I get this designation.” It was time to lawyer-up.
Tompkins was fortunate to find a Syracuse-based attorney who has handled over 150 MWBE cases that have been denied. While he doesn’t accept all cases, he believed in hers enough to take it on.
“The State’s interpretation of the MWBE eligibility requirements hits women particularly hard,” said attorney Jim Youngs, Chair of the Litigation Department at Hancock Estabrook, LLP. “And when it’s a family business, that can generally cause even more scrutiny by State administrators.”
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