Broward County Commission Public Hearing

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AI-16260

Meeting Date:	04/08/2014
Director's Name:	Dale V.C. Holness
Department:	County Commission

Information

Requested Action

A. MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, RELATING TO WORKFORCE INVESTMENT; ESTABLISHING GOALS FOR FIRST SOURCE EMPLOYMENT REFERRALS AND QUALIFYING NEW HIRES FOR SPECIFIED COUNTY CONTRACTS; CREATING SECTION 1-52 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Commissioner Dale V.C. Holness)

ACTION: (T-4:43 PM) Commissioner Wexler moved the motion to accept the amendment in the Purple-Sheeted Additional Material #5(8), dated April 8, 2014, submitted by Vice Mayor Ryan pertaining to Page 3, Line 1-6, as outlined on Purple-Sheeted Additional Material Item #5(3), dated April 8, 2014, submitted by Commissioner Holness. Commissioner Ritter seconded the motion. (Refer to minutes for full discussion.)

VOTE: 8-1. Commissioner Holness voted no.

ACTION: (T-4:56 PM) Vice Mayor Ryan made a motion to accept the amendment in the Purple-Sheeted Additional Material #5(8), dated April 8, 2014, submitted by Vice Mayor Ryan pertaining to Page 4, Line 11, as outlined on Purple-Sheeted Additional Material Item #5(3), dated April 8, 2014, submitted by Commissioner Holness. Commissioner Holness seconded the motion. (Refer to minutes for full discussion.)

VOTE: 9-0.

ACTION: (T-4:58 PM) Vice Mayor Ryan made a motion to accept the amendment in the Purple-Sheeted Additional Material #5(8), dated April 8, 2014, submitted by Vice Mayor Ryan pertaining to Page 8, Line 3, as outlined on Purple-Sheeted Additional Material Item #5(3), dated April 8, 2014, submitted by Commissioner Holness. Commissioner Holness seconded the motion. (Refer to minutes for full discussion.)

VOTE: 9-0.

ACTION: (T-5:00 PM) Commissioner Holness made a substitute motion to amend the Purple-Sheeted Additional Material Item #5(8), dated April 8, 2014, submitted by Vice Mayor Ryan pertaining to Page 10, Line 8, as outlined on Purple-Sheeted Additional Material Item #5(3), to accept an amendment reflected in the Purple-Sheeted Additional Material, dated April 8, 2014, and as discussed by the Board, submitted by Commissioner Wexler (Item #5(4) Page 8, Line 3). Commissioner Kiar seconded the motion. (Refer to minutes for full discussion.).

VOTE: 9- 0.

ACTION: (T-5:56 PM) Commissioner Ritter made a motion for Broward County to follow the same process. Seconded by Commissioner LaMarca. Following discussion Commissioner Ritter withdrew her motion. (Refer to minutes for full discussion.)

ACTION: (T-5:36 PM) Following discussion the Board approved Item 5A, as amended, to provide for the adoption of Resolution No. 2014-235, amending the Administrative Code. (Refer to minutes for full discussion.) (See Purple-Sheeted Additional Material, dated April 8, 2014, submitted at the request of County Administration, Commissioners Holness and Wexler, Office of Management and Budget, Vice Mayor Ryan, Mayor Sharief and the Office of the County Attorney.)

VOTE: 5-4. Commissioners Gunzburger, LaMarca, Ritter and Wexler voted no.

B. IN THE ALTERNATIVE, MOTION TO CONSIDER adoption of a Resolution Amending the Administrative Code, the title of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO WORKFORCE INVESTMENT; AMENDING THE BROWARD COUNTY ADMINISTRATIVE CODE TO ESTABLISH THE BROWARD COUNTY WORKFORCE INVESTMENT PROGRAM; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE BROWARD COUNTY ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

(No Board Action taken.)

Why Action is Necessary

A. A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of March 11, 2014.

B. A Resolution directing the County Administrator to publish notice of public hearing to consider adoption of the Resolution Amending the Administrative Code was authorized by the Board of County Commissioners at its meeting of March 11, 2014.

What Action Accomplishes

If Alternative A is enacted, the action amends the Code to enact the Broward County Workforce Investment Act.

If Alternative B is adopted, the action amends the Administrative Code to establish the Broward County Workforce Investment Program.

Is this Action Goal Related

Previous Action Taken

Summary Explanation/Background

Under Alternative A, the proposed Ordinance would, if approved, create the Broward County Workforce Investment Act (the "Act"), which would require contractors to utilize CareerSource Broward (formerly known as WorkForce One) or any respective successor entity and its contract partners as a first source for employment candidates for work on certain County-funded projects. The proposed Ordinance would also require contractor investment in Broward County economic development through the hiring of qualified workers, including economically disadvantaged or hard-to-hire individuals. The proposed Ordinance requires that entities seeking covered County contracts, as a matter of responsiveness, agree to contractually commit to use good faith efforts to meet the goals of the proposed Ordinance.

The proposed Ordinance creates the following two goals for contractors providing services to the County under covered contracts:

(1) a First Source Referral Goal, which requires contractors to list all vacancies for the applicable County contract exclusively with CareerSource Broward for five days and use good faith efforts to interview qualified referrals from CareerSource Broward or its contract partners; and

(2) a Qualifying New Hires Goal, which requires contractors to use good faith efforts to hire Qualifying New Hires (as defined in the Act) for at least 50% of the vacancies created by the County contract, and provides that certain economically disadvantaged workers and hard-to-hire workers count as two Qualifying New Hires for the purpose of meeting this goal.

CareerSource Broward's contract partners currently include the Urban League of Broward County, Opportunities Industrialization Center (OIC) of Broward County, the Broward County School Board, the Mt. Olive Development Corporation, and ResBeat.

The proposed Ordinance imposes a penalty of $1,500 for each worker by which the contractor fails to meet the Qualifying New Hires goal, but provides a $500 per worker incentive (up to a maximum of $5,000 per contract) for each full-time worker by which the contractor exceeds the Qualifying New Hires goal. The proposed Ordinance also requires certain record-keeping and reporting for all contractors on covered contracts, including annual reports to the Office of Intergovernmental Affairs and Professional Standards. Additionally, the proposed Ordinance provides for a five-year sunset review.

Under Alternative B, the County would create a program, rather than enact an Ordinance, that establishes the First Source Referral Goal and the Qualifying New Hires Goal and requires that contractors under certain County contracts use good faith efforts to meet these goals. This program was proposed by Commissioner Wexler at the Board's regular meeting on March 11, 2014, as an alternative to the enactment of an Ordinance (Additional Material 37(4)).

The proposed Amendment to the Broward County Administrative Code has several key differences from the proposed Ordinance. These differences are set forth in a side-by-side comparison chart of the relevant provisions of each, which will be issued as additional material.

Fiscal Impact

Fiscal Impact/Cost Summary:

Fiscal Impact Statement by Office of Management and Budget addressing the proposed Ordinance and proposed Resolution Amending the Administrative Code will be distributed as additional material.

Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Proposed Resolution Amending Administrative Code
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