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.
Once Tompkins expanded the firm’s business model and its revenues, she decided to pursue the state certification. Her success in growing the business made Tompkins a seeming shoe-in for the designation as a woman-owned business. Little did she know the obstacles that lay before her.
“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.”
In Stacey’s case, she and her attorney needed to prove that it was truly a woman calling the shots at Tompkins Excavating. All the administrators had in front of them were the application, business numbers and other documentation. Data alone didn’t prove that Tompkins was the actual decision-maker in the organization. Being in the heavily male-dominated construction industry didn’t help her case.
With higher hopes, and accumulating attorney fees, Tompkins submitted application number three nearly nine years after her first MWBE application submission. And Jim went to work putting a face and a voice to Tompkins’ story: While she may have joined a business started by her husband, she instituted her own vision and strategy. It was she who became its president, owner and primary day-to-day manager.
“We were able to effectively show the State that even if she is not out running an excavator, she knows every facet of how to get things done,” added Youngs.
When her application was denied for a third time, Youngs appealed and got a court date.
Fortunately, NYS decided to settle before going to trial. On July 1 of this year, Tompkins Excavating was granted their designation as a New York State Minority-and/or Women-Owned Business Enterprise.
“While this accomplishment isn’t going to change our company, it’s an enhancement that makes us very proud,” added Tompkins. “Prospective clients who see it are genuinely excited for us.”
Tompkins said she holds no grudges against New York State for the 11-year wait. She simply wants to share her story to motivate others not to give up when pursuing a dream.
Jim Youngs added that the department in charge of certifying women and minority business owners was understaffed for many years. However, in 2023 it received more funding that has enabled it to hire more appellate judges, analysts and attorneys. These days, appeals are moving along more quickly.
