Legislative Matter

Miami-Dade Legislative Item
File Number: 121389

Clerk's Official Copy

File Number: 121389

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 12-32

Control: Board of County Commissioners

File Name: ESTABLISHING FIRST SOURCE HIRING REFERRAL PROGRAM

Introduced: 7/5/2012

Requester: NONE

Cost:

Final Action: 5/1/2012

Agenda Date: 5/1/2012

Agenda Item Number: 7C

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 112410. SUNSET 2 YEARS.

Title:

ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTION 2-2092 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING FIRST SOURCE HIRING REFERRAL PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 112410)

Indexes:

JOB OPPORTUNITIES

Sponsors:	Barbara J. Jordan, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, Co-Sponsor

Sunset Provision: Yes

Effective Date: 5/10/2012

Expiration Date: 5/9/2014

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	7/5/2012		Assigned	David S. Hope

Board of County Commissioners	5/1/2012	7C Amended	Adopted as amended				P
REPORT:	County Attorney Robert Cuevas read into the record the title of the foregoing proposed ordinance. Chairman Martinez advised that this item was proposed as amended by the Economic Development and Social Services Committee. County Attorney Cuevas advised that an additional amendment was required. Assistant County Attorney David Hope advised that on handwritten page 5, an additional “WHEREAS CLAUSE” should be inserted between the last two “WHEREAS CLAUSES”, which read “Whereas SFWIB provides employers and prospective employees access to a range of specialized services and resources through its Career Centers or community-based partners and faith-based organizations, a current list of SFWIB Career Centers, community-based partners, and faith-based organizations is attached as Exhibit A.” Chairman Martinez inquired whether the Assistant County Attorney had a copy of this list. Commissioner Jordan replied that the list as well as a memorandum from her office had been distributed to the Board members at the beginning of the meeting. Commissioner Sosa noted she recalled that Item 7C was considered by the Commission in December 2011, and failed by a tie vote of 6-6. She reiterated the objections which she raised at that meeting noting she could never support such an item. She pointed out that according to this item, prospective employees registered with SFWIB should be given priority by companies doing business with the County. She emphasized that many unemployed County residents had never heard of the South Florida Workforce’s One Stop Centers. Yet, she noted, companies doing business with the County had to hire 50 percent of their workers from the SFWIB list. She said that although companies were not required to hire individuals referred by SFWIB, “they should not commit to fill any vacancy until the end of the referral time, unless the agency notified the contractor in writing prior to the end of the qualifying time that qualified candidates were not available ...” She stated that in effect companies would never hire anyone who was not on the SFWIB list, and only those who had the ability or the knowledge to go the SFWIB One Stop Centers would find employment. Chairman Martinez noted he was one of the six commissioners who did not support this item in December 2011; however, he indicated that an amendment was submitted, which specified that the SFWIB centers and affiliated organizations were located throughout the County, including in Hialeah, Little Havana, Miami Beach, West Dade, and even Key West. He said it gave him a level of comfort to know that the entire community had access to the SFWIB centers and affiliated organizations. He pointed out that the Board could require the SFWIB to conduct outreach activities in the various communities. Commissioner Heyman expressed her appreciation to Commissioner Jordan for providing a list of SFWIB Career Centers, community-based partners, and faith-based organizations. She thanked the members of the People Acting for Community Together (PACT) group for meeting with her. She noted her concern was that the Board needed to reach out to the greatest number of unemployed people. She pointed out that even with the amendment, the existing language provided that companies could not hire someone who was not on the SFWIB list until the three to five day referral period had elapsed, and stated that this would have a chilling effect on the other employment agencies and chambers. Commissioner Heyman indicated that even though the SFWIB had a number of centers and affiliated organizations, only one such center existed in Northeast Dade. She said that the Board should be concerned with stimulating employment, and indicated that she could not support this item. Commissioner Moss pointed out that the SFWIB had centers and affiliated organizations located throughout the County: Hialeah had six locations and Miami Beach had four. He stated that the South Florida Workforce, which was funded by tax payers, was responsible for matching applicants with employers and for training applicants to prepare them for work. He indicated that as a co-sponsor he strongly supported this item. He commended the PACT members for their perseverance, and expressed the hope that this item would be adopted today (05/01). Commissioner Jordan noted she had been working on this item with the PACT group for two years, and asked the PACT members to stand and be recognized. She explained that the list she distributed to the Board members at the beginning of the meeting included all of the SFWIB sites. She stressed that this item did not mandate that companies hire certain applicants; rather it gave the opportunity for first consideration to local residents who had registered with the SFWIB. Commissioner Jordan clarified that SFWIB had 24 hours to send the list to a company upon request, and the company then had three to five days to review the list and interview qualified applicants. If the company did not want to hire the SFWIB applicants, it could then open the recruitment to applicants who were not on the list. Commissioner Jordan proposed that this item be amended to include a two-year Sunset provision, to initiate the First Source Referral Program as a pilot program, and to request that a report be prepared by district for Board members’ review at the end of the pilot period. Commissioner Diaz noted the last time this item was considered by the Commission, he was absent. He stated that he was glad to be present today and expressed support for the item especially as amended. He asked whether this proposal would apply to all companies doing business with the County or only to companies with contracts under a certain amount. Commissioner Jordan clarified that this proposal would apply to all companies with County contracts for goods and services. Assistant County Attorney Hope confirmed that the legislation applied to all companies with County contracts for goods and services and did not specify the amount of the contracts. Commissioner Diaz indicated that he had questions regarding a few small issues, but these could be addressed during the two-year pilot period. He expressed appreciation for the members of the PACT group who met with him, and for the list specifying the locations of the SFWIB centers and affiliated organizations. He assured Commissioner Jordan that he would support this item. Commissioner Bell expressed appreciation for Commissioner Jordan’s Sunset amendment but pointed out that the legislation was still mandating that companies doing business with the County “shall” fill a minimum of 50 percent of their vacancies from the SFWIB list. She stressed that even if the SFWIB had centers throughout the County, it was still just one agency. Commissioner Bell read the following from the legislation: “The companies shall notify the agency of any vacancies; list the vacancies with the referral agency; the agency will provide the company with the list of qualified candidates within 24 hours … The companies shall make a good faith effort as determined by the County to fill 50 percent of their vacancies from the SFWIB list.” Commissioner Bell emphasized that this was a government mandate. She noted she understood the reason behind the legislation, but the government should make it easier for people to find employment. For that reason, she indicated that she could not support the item. Chairman Martinez noted in principle he agreed with Commissioners Sosa and Bell, but the Sunset amendment and the list of SFWIB Career Centers, community-based partners, and faith-based organizations convinced him to support this item. He pointed out that the County’s unemployment rate was higher than that of other counties in the State, and he would support any initiative to help find work for County residents. Commissioner Monestime noted many commissioners were business people, and were against government interference in their business decisions. However, he pointed out that business people usually did what was most profitable. Yet, Board members were policy-makers who needed to approach issues from a different perspective, putting the people whom they served first, and creating opportunities for them. He said that this was a good item, especially with the Sunset amendment, which would put pressure on the SFWIB to help as many County residents as possible find employment. Commissioner Sosa commended Commissioner Jordan for adding the Sunset clause, which would give the Board the opportunity to pilot the item. However, she indicated that she was still unable to support the item. County Attorney Cuevas advised that Item 7C was first amended by the list of SFWIB Career Centers, community-based partners, and faith-based organizations, and secondly by the Sunset clause added during the deliberations. The Board adopted Item 7C, as amended, to insert an additional “WHEREAS” clause on handwritten page 5, to read as follows: “Whereas South Florida Workforce Investment Board (SFWIB) provides employers and prospective employees access to a range of specialized services and resources through its career centers or community-based partners and faith-based organizations, a current list of SFWIB Career Centers, community-based partners, and faith-based organizations is attached as Exhibit A;” to include a two-year Sunset provision, to initiate the First Source Referral Program as a pilot program; and to request that a report be prepared by district for Board members’ review at the end of the pilot period.

Legislative Text

TITLE
ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTION 2-2092 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING FIRST SOURCE HIRING REFERRAL PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, the average unemployment rate in Miami-Dade County (the �County�) currently exceeds 12.5% and is higher than the averages for the State of Florida and the United States; and
WHEREAS, unemployment and underemployment can contribute to significant social and economic burdens on our community, including increased foreclosure rates, crime, and need for costly social services; and
WHEREAS, the County awards millions of dollars in contracts for goods and services each year, which results in the creation of a wide variety of employment opportunities; and
WHEREAS, these contracts are paid for with taxpayer dollars and should be used to promote the sustenance and creation of jobs that will increase consumer income, decrease levels of poverty, invigorate neighborhood businesses and reduce the need for taxpayer-funded programs in other areas; and
WHEREAS, the federal Workforce Investment Act of 1998 (�WIA�) created comprehensive reform legislation to affect federal job training programs, and to create a complete workforce investment system; and
WHEREAS, the Florida Legislature enacted the Workforce Innovation Act of 2000, which implements the WIA and created Workforce Florida, Inc. and the Workforce Florida Board; and
WHEREAS, there are currently twenty-four (24) local areas or regions in Florida, and within each region WIA provides for the creation of a local workforce investment board; and
WHEREAS, the South Florida Workforce Investment Board (�SFWIB�) is the regional workforce board for Miami-Dade County and Monroe County; and
WHEREAS, SFWIB assists employers and prospective employees with employment services, labor market information, and provides necessary training for the economically disadvantaged, dislocated workers, individuals transitioning from welfare to work, and refugees; and
WHEREAS, SFWIB provides employers and prospective employees access to a range of specialized services and resources through its career centers, or community-based partners and faith-based organizations (a current list of SFWIB career centers, and community-based partners and faith-based organizations is attached as Exhibit �A�); and
WHEREAS, SFWIB, based on its mandate and experience assisting employers and employees navigate the South Florida job market, is the appropriate vehicle to serve as a first source job registry and referral program for employment created from or through a County Contract,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-2092 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Sec. 2-2092. First Source Hiring Referral Program

(1) Title. This section shall be referred to as the Miami-Dade County First Source Hiring Referral Program.

(2) Definitions. The following definitions shall apply to this section:

A. �Implementing Order� or �IO� means the implementing order developed by the Mayor or Mayor�s designee and approved by this Board of County Commissioners (the �Board�) to give effect to the provisions of this Section.

B. �County Contract� means an agreement for the purchase of goods and services specifically identified in the Implementing Order.

C. �Contractor� means any person or entity which enters into a County Contract.

D. �First Source Register� means the register of unemployed persons maintained by the Referral Agency in accordance with the provisions of this Section.

E. �Referral Agency� means the South Florida Workforce Investment Board (�SFWIB�), through its career centers, or community-based partners and faith-based organizations.

F. �Referral Period� means the three (3) to five (5) day period following notification to the Referral Agency of employment availability.

(3) First Source Register created.

The Referral Agency shall compile and maintain a First Source Register, which shall be a listing of unemployed persons, including graduates of programs funded by the Workforce Investment Act to be made available to Contractors as a first source for their employment needs. The Referral Agency shall not discriminate on the basis of race, ethnicity, sex, residence, or other protected category or class, in the compilation or maintenance of the First Source Register, or in its referral activities provided for in this Section. The Referral Agency shall, to the extent allowed by law, maintain a data base which identifies the race, ethnicity, sex, and residence of the persons within the First Source Register sufficient to permit adequate analysis of the available work force.

(4) Referral Procedure.

A. The Referral Agency shall be the first source for employees to fill jobs created to satisfy the requirements of County Contracts. The following requirements shall be included in all County Contracts, except those covered under the Community Workforce Program (�CWP�), and except those covered under programs intended to encourage and assist in the employment of the blind and other severely handicapped persons such as described in Sections 413.032 - 413.037, Florida Statutes (2011):

1. The Contractor, prior to hiring to fill each vacancy arising under a County Contract, shall first notify the Referral Agency of the vacancy and list the vacancy with the Referral Agency. The listing shall contain a detailed description of the job responsibilities and qualifications, and be posted during the Referral Period. The Referral Agency shall provide a list of qualified candidates, if such candidates are available, to Contractor within twenty-four (24) hours of receiving notice of vacancy. Thereafter, Contractor shall (a) review the resumes and qualifications of the candidates, and (b) make a good faith effort as determined by the County, to fill a minimum of fifty percent (50%) of its employment needs under the County Contract from the First Source Register. Notwithstanding the foregoing, if after the Referral Period a suitable employee is not found from the Referral Agency, the Contractor is free to fill its vacancies from other sources.

2. A good faith effort to employ candidates from the Referral Agency shall constitute, at a minimum, evaluating the qualification of such candidates, and conducting interviews with those candidates who satisfy the minimum competency requirements. The Contractor is not required to hire any individual candidate referred. However, Contractors shall not commit to fill vacancies in any other manner until after the end of the Referral Period, unless the Referral Agency notifies the Contractor in writing prior to the end of the Referral Period that qualified candidates are not available in sufficient numbers to fill the vacancies. Upon such notification, the Contractor may immediately fill vacancies using other sources.

3. In determining whether a Contractor has made good faith efforts, the County may consider, among other criteria to be set forth in the Implementing Order: (a) the number, skills and composition of the Contractor�s labor force ultimately hired; (b) whether minimum requirements were established for available positions beyond reasonable requirements to complete the job; (c) the number of referred candidates interviewed for the position; and (d) the Contractor�s use of the First Source Register to satisfy its labor needs in contracts other than County Contracts. The County�s determination as to whether a Contractor has made such good faith efforts is final and binding.

4. All competitive solicitations for County Contracts, except those covered under CWP, shall set forth the requirements of this Section.

(5) Monitoring and Compliance.

A. County Contracts shall require the Contractor to submit quarterly reports to the Referral Agency indicating the name and number of employees hired by Contractor in the previous quarter, including the source from which such employees were found, and payroll records and tallies of employee work hours. If none of the candidates referred to a Contractor by the Referral Agency were hired, the Contractor shall report the reasons why all referred candidates were rejected in its quarterly reports. Each quarterly report shall be submitted to Referral Agency within two (2) weeks of the end of the quarter.

B. For each County Contract, the Contractor shall retain records sufficient to determine compliance with this Section. Such records shall include: (1) notifications to the Referral Agency; (2) referrals from the Referral Agency; (3) job applications received from sources other than the Referral Agency; and (4) the number of candidates hired based on referrals from the Referral Agency. To the extent allowed by law, such records shall be made available to Referral Agency upon request.

C. Referral Agency shall be entitled to perform random, unannounced site visits to applicable project sites to determine whether or not Contractor has filled its vacancies.

D. Referral Agency shall report to the County, any non-compliance with the requirements of this ordinance, any related Implementing Order, or first source agreement between Referral Agency and Contractor.

(6) Implementation

A. The Mayor or Mayor�s designee shall prepare and submit to the Board for approval, the Implementing Order which shall at a minimum:

1. Indicate that all County Contracts shall be subject to the requirements of this Section. The requirements of this Section shall be implemented to the maximum extent feasible, for all County purchases of goods and services.

2. Develop a time frame for implementation of First Source Hiring Referral Program. A rollout department shall be identified to use the Referral Agency with its County Contracts, and all other County departments will be phased into this process within six (6) month of the passage of this ordinance.

3. Advise prospective and awarded Contractors of the nature of the First Source Hiring Referral Program.

4. Set forth procedures to determine Contractor compliance with the requirements of this Section.

5. Recommend and establish a minimum funding threshold.

6. Establish a procedure for review and investigation of allegations of noncompliance with the provisions of this ordinance, implementing order, or first source hiring agreement.

7. Establish a procedure to determine appropriate sanctions for failure to comply with the terms of this ordinance, implementing order, or first source hiring agreement.

8. Establish an appeals process for determinations of noncompliance with the provisions of the ordinance, implementing order, or first source hiring agreement.

B. The Mayor or Mayor�s designee shall prepare quarterly reports for the Board which shall include: (a) the dollar amount of each County Contract utilizing the First Source Hiring Referral Program; and (b) an analysis of the effectiveness of the program during each quarterly reporting period.

(7) Sanctions for Violations.

A. Each County Contract shall include provisions stating the nature of the sanctions to be imposed on a Contractor that is not in compliance with this Section. Such sanctions shall include, but not be limited to the following:

1. Suspension of contract until Contractor performs obligations, if appropriate.

2. Default and/or termination.

3. Payment of $1,500 per employee, or the value of wages that would have been earned by employees injured by Contractor�s non-compliance, whichever is less.

B. If any Contractor attempts to comply with the provisions of this ordinance through fraud, misrepresentation or material misstatement, the County, in its sole discretion, may immediately terminate the subject County Contract.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. The Mayor or Mayor�s designee is hereby directed to prepare and submit the implementing order to this Board for approval, not later than ninety (90) days following the effective date of this ordinance.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
>>Section 6. This ordinance shall sunset in two (2) years from the effective date, unless extended by this Board.<<

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
Amended
Agenda Item No. 7(C)
Page 9

Amended
Approved � � � � � � � � � � Mayor Agenda Item No. 7(C)
Veto __________ 5-1-12
Override __________