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HomeMy WebLinkAbout36-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Councilman Chas A. Kelley Subject:Resolution of the Mayor and Common Chairman, Legislative Review Council Requiring all City Contractors Committee to Comply with the Requirements of the Immigration Reform and Control Dept. Council Office ORIGINALAct of 1986, Title 8 U.S.C. Sections 1324a and 1324b, Prohibiting the Date: August 25, 2006 Hiring of Unauthorized Aliens, as a Condition of all City Public Works MCC Date: September 5, 2006 and Professional Services Contracts and all other City Contracts for Goods and Services. Synopsis of Previous Council Action: July 11, 2006 - Discussed at Legislative Review Committee August 22, 2006 - Discussed at Legislative Review Committee Recommended Motion: That Resolution be adopted. C4, A Signature Contact Person: Councilman Chas Kelley Phone: 5278 Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Descrietion) Finance: Council Notes: !U5- & Agenda Item No. 36 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION OF THE MAYOR AND COMMON COUNCIL REQUIRING ALL CITY CONTRACTORS TO COMPLY WITH THE REQUIREMENTS OF THE IMMIGRATION REFORM AND CONTROL ACT OF 1986, TITLE 8 U.S.C. SECTIONS 1324a AND 1324b, PROHIBITING THE HIRING OF UNAUTHORIZED ALIENS, AS A CONDITION OF ALL CITY PUBLIC WORKS AND PROFESSIONAL SERVICES CONTRACTS, AND ALL OTHE RCITY CONTRACTS FOR GOODS AND SERVICES. On July 11, 2006 and on August 22, 2006, the Legislative Review Committee discussed a proposed resolution to require all City contractors to comply with the requirements of the Immigration Reform and Control Act of 1986. The proposed resolution discussed was modeled after an immigration resolution adopted by the City of Highland. RECOMMENDED ACTION: That the resolution be adopted. 1 DATE: June 13, 2006 FROM: Marguerite P. Battersby, City Attorney SUBJECT: Standard Contract Provision Requiring Compliance with the Immigration Reform and Control Act of 1986 ( IRCA ) RECOMMENDATION: Consider adoption of Resolution No. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, REQUIRING ALL CITY CONTRACTORS TO COMPLY WITH THE REQUIREMENTS OF THE IMMIGRATION REFORM AND CONTROL ACT OF 1986, 8 U.S.C. §§ 1324a AND 1324b, PROHIBITING THE HIRING OF UNAUTHORIZED ALIENS, AS A CONDITION OF ALL PUBLIC WORKS AND PROFESSIONAL SERVICES CONTRACTS, AND ALL OTHER CITY CONTRACTS FOR GOODS AND SERVICES. FISCAL IMPACT: None. BACKGROUND: At a recent City Council meeting, the Council directed the addition of a provision in a professional services contract which would affirmatively require the contractor to comply with all federal, state and local laws and regulations, including federal and state laws requiring verification of identity and employment eligibility of all workers.and employees. The expressed intent of the Council was to do what it could to ensure that neither the City nor its contractors (or subcontractors) unlawfully employed unauthorized aliens, by giving clear notice in every contract that the City would exercise any remedies available to protect the local job market. The City Council, like the Legislature, expressed its concern that employment of illegal aliens has an adverse effect on lawful resident workers. The Council's proposed action is taken pursuant to its police powers to regulate the employment relationships of its contractors, to protect the local work force. Resolution No. 2006- , which is attached to this Staff Report, was prepared with the Council's concerns in mind. The Immigration Reform and Control Act of 1986 (the "IRCA" or the "Act"), and particularly 8 U_S.C. §§ 1324a and 1324b, was enacted to control illegal immigration through the elimination of employment opportunities for unauthorized aliens, by targeting employers and requiring that they verify the identity and employment status of all current and prospective employees_ The Act imposes substantial verification and reporting obligations on every employer in the United States including the City, by making it unlawful to hire, or to recruit or refer for a fee, for employment in the United States any person, mandates that employers verify the ent ty and eligibility g bility ofa11 complying new hires Act. The Act specified documents before they begin work. Employers are required to b prepare, fining retain and make available for inspection, verification forms (Forms 1-9) for all employees. The Act imposes civil and criminal penalties on employers who violate the law. I 1 , As drafted, the Resolution provides a mechanism by which the City will give notice to and remind all prospective City contractors that they must strictly comply with the requirements of the IRCA in verifying the identity and eligibility of all of the contractor's employees, and ensure that the contractor's subcontractors also are reminded that they must comply with the laws, by including in every public works and professional services, contract, and in every contract for goods or services, the following condition: "The contractor shall strictly comply with all federal, state and local laws and regulations, including, but not limited to the Immigration Reform and Control Act of 1986, codified at 8 U.S.C. §§ 1324a and 1324b (the "IRCA"), which require and ensure the hiring and retention of employees who are UTTited States citizens, permanent residents and/or who are otherwise authorized by law to work in the United States of America, and, as required by the IRCA, shall affirmatively verify the identity and employment authorization of every employee as a condition of employment or continued employment. The contractor shall further include this requirement in any subcontract made pursuant to this contract." The draft Resolution further reiterates the City's obligation to comply with the law in verifying the identity and employment authorization of City employees. Because the City is not the authorized enforcement agency for the IRCA or other immigration laws, its lawful recourse in enforcing this provision of its contracts is to report any known or suspected violations of the IRCA to the appropriate authorities, the Department of Homeland Security (formerly the Immigration and Naturalization Service) and the Department of Justice, under the direction of the Attorney General, for investigation and prosecution. By enacting this Resolution, the City Council will provide direction to staff to include the new provision in all public works and professional services contracts, and in all City contracts for goods and services. Attachment: Draft Resolution No. 2006- RESOLUTION NO. 2006-036 A RESOLLTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, REQUIRING ALL CITY CONTRACTORS TO COMPLY WITH THE REQUIREMENTS OF THE IMMIGRATION REFORM AND CONTROL ACT OF 1986, 8 U.S.C. §§1324a AND 1324b, PROHIBITING THE HIRING OF UNAUTHORIZED ALIENS, AS A CONDITION OF ALL CITY PUBLIC WORKS AND PROFESSIONAL SERVICES CONTRACTS, AND ALL OTHER CITY CONTRACTS FOR GOODS AND SERVICES WHEREAS, the Immigration Reform and Control Act of 1986,codified at 8 United States Code ("U.S.C.") §§ 1324a and 1324b (the "IRCA") was enacted by the Legislature to reduce illegal immigration by eliminating job opportunities for unauthorized aliens,on the assumption that aliens enter the United States illegally in search of employment; and WHEREAS, the City Council of the City of Highland (the "City Council'of the"City') believes that the strict enforcement of the IRCA and other applicable federal, state and local laws which prohibit the employment of unauthorized aliens, will protect local jobs and provide greater employment opportunities for citizens or nationals of the United States, aliens lawfully admitted for permanent residence, and others who are legally documented and entitled to work in the United States; and WHEREAS,he IRCA imposes a regulatory burden on all employers, including public agency employers, making it unlawful to knowingly employ or continue to employ any unauthorized alien, and imposing criminal and civil penalties for violations; and WHEREAS,the IRCA requires employers to verify employment authorization of every employee,and confirm that every person hired is not an unauthorized alien; and WHEREAS,the City Council recognizes that employment discrimination on the basis of national origin is prohibited against any person other than an unauthorized alien(8 U.S.C. § 1324 (a)(l), and does not intend, by the adoption of his Resolution, to condone or encourage illegal discrimination or any action which-is expressly prohibited or preempted by any federal or state law; and WHEREAS, as used in this Resolution,the term Amauhorized alien"shall mean an alien who is neither a permanent resident nor authorized to be employed in the United States, as defined in the IRCA at 8 U.S.C. § 1324a(h)(3); and WHEREAS, the City Council wishes to ensure that, to he greatest extent allowed by law, the City, and each of its contractors and their subcontractors, is in full compliance wih the IRCA, and all other applicable federal, state and local laws enacted to ensure that unauthorized aliens are not employed by or in the City; and that the City's and its contractors' employees are fully documented and authorized to work in the United States. NOW, THEREFORE, BE IT RESOLVED, ORDERED AND DIRECTED, in accordance with and for all of the reasons set forth in the recitals hereinabove, as follows: 1• That the nd g term condition shall be included in every public works and professional senices contract, and in all other City contracts for goods and services: "The contractor shall strictly comply with all federal,state and local laws and regulations, including;but not limited to the Immigration Reform and Control Act of 1986, codified at 8 U.S.C. §§ 1324a and 1324b (the "IRCA"), which require and ensure the hiring and retention of employees who are United States citizens, permanent residents and/or who are otherwise authorized by law to work in the United States of America;and, as required by the IRCA, shall affirmatively verify the identity and employment authorization of every employee as a condition of employment or continued employment. The contractor shall further include this requirement in any subcontract made pursuant to this contract." 2. The City of Highland requires verification that every person hired by the City is legally able and authorized to work in the United States of America, and the City shall comply in every respect with federal, state and local employment laws, and shall verify the identity and employment authorization of every City employee as required by the IRCA. 3. The City of Highland shall pursue-its legal rights and responsibilities to the fullest extent allowed by law in reporting any known or suspected violations of the IRCA, or any other federal, state or local laws, in ensuring that unauthorized aliens are not employed by the City or by City contractors. PASSED,APPROVED AND.ADOPTED this 13th day of June, 2006. Ross B. Jones Mayor ATTEST: Betty Hughes City Clerk ORIGINAL 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL REQUIRING ALL CITY CONTRACTORS TO COMPLY WITH THE REQUIREMENTS OF THE 3 IMMIGRATION REFORM AND CONTROL ACT OF 1986, TITLE 8 U.S.C. SECTIONS 1324a AND 1324b, PROHIBITING THE HIRING OF UNAUTHORIZED ALIENS, AS A 4 CONDITION OF ALL CITY PUBLIC WORKS AND PROFESSIONAL SERVICES CONTRACTS, AND ALL OTHER CITY CONTRACTS FOR GOODS AND SERVICES 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 WHEREAS,the Immigration Reform and Control Act of 1986, codified at Title 8 United 9 States Code ("U.S.C.") Sections 1324a and 1324b (the"IRCA")was enacted by Congress to reduce 10 illegal immigration by eliminating job opportunities for unauthorized aliens, on the assumption that 1.1 aliens enter the United States illegally in search of employment; and 12 WHEREAS,the Mayor and Common Council of the City of San Bernardino believe that 13 the strict enforcement of the IRCA and other applicable federal, state and local laws which prohibit 14 the employment of unauthorized aliens, will protect local jobs and provide greater employment 15 opportunities for citizens or nationals of the United States, aliens lawfully admitted for permanent 16 residence, and others who are legally documented and entitled to work in the United States; and 17 WHEREAS, the IRCA imposes a regulatory burden on all employers, including public 18 agency employers,making it unlawful to knowingly employ or continue to employ any unauthorized 19 alien, and imposing criminal and civil penalties for violations; and 20 WHEREAS, the IRCA requires employers to verify and document the identity and 21 employment authorization of every employee, and to confirm that every person hired is not an 22 unauthorized alien; and 23 WHEREAS,the Mayor and Common Council recognize that employment discrimination 24 on the basis of national origin is prohibited against any person other than an unauthorized alien(Title 25 8 U.S.C. Section 1324(a)(1)), and do not intend, by the adoption of this Resolution, to condone or 26 encourage illegal discrimination or any action which is expressly prohibited or preempted by any 27 federal or state law; and 28 FAEMPENO\Resos\Contractors comply with IRCA.wpd 1 1 WHEREAS, as used in this Resolution,the term"unauthorized alien"shall mean an alien 2 who is neither a permanent resident nor authorized to be employed in the United States, as defined in 3 the IRCA at Title 8 U.S.C. Section 1324a(h)(3); and 4 WHEREAS, the Mayor and Common Council wish to ensure that, to the greatest extent 5 allowed by law,the City,and each of its contractors and their subcontractors,is in full compliance with 6 the IRCA, and all other applicable federal, state and local laws enacted to ensure that unauthorized 7 aliens are not employed by or in the City; and that the City's and its contractors' employees are fully 8 documented and authorized to work in the United States. 9 NOW, THEREFORE, BE IT RESOLVED, ORDERED AND DIRECTED, in 10 accordance with and for all of the reasons set forth in the recitals herein above, as follows: 11 1. That the following term and condition shall be included in every public works and 12 professional services contract,and in all other City contracts for goods and services: 13 "The contractor shall strictly comply with all federal,state and local laws and 14 regulations,including,but not limited to the Immigration Reform and Control 15 Act of 1986,codified at Title 8 U.S.C.Sections 1324a and 1324b(the"IRCA"), 16 which require and ensure the hiring and retention of employees who are 17 United States citizens, permanent residents and/or who are otherwise 18 authorized by law to work in the United States of America, and, as required 19 by the IRCA, shall affirmatively verify the identity and employment 20 authorization of every employee as a condition of employment or continued 21 employment. The contractor shall further include this requirement in any 22 subcontract made pursuant to this contract. Any violation of this provision 23 may constitute a material breach of this Agreement." 24 2. The City of San Bernardino requires verification that every person hired by the City 25 is legally able and authorized to work in the United States of America, and the City 26 shall comply in every respect with federal, state and local employment laws, and 27 shall verify the identity and employment authorization of every City employee as 28 ETIVIPENMResosTontractors comply with IRCA.wpd 2 1 required by the IRCA. 2 3. The City of San Bernardino shall pursue its legal rights and responsibilities to the 3 fullest extent allowed by law in reporting any known or suspected violations of the 4 IRCA, or any other federal, state or local laws, in ensuring that unauthorized aliens 5 are not employed by the City or by City contractors. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F:AEMPENO\Resos\Contractors comply with IRCA.wpd 3 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL REQUIRING ALL CITY CONTRACTORS TO COMPLY WITH THE REQUIREMENTS OF THE 2 IMMIGRATION REFORM AND CONTROL ACT OF 1986, TITLE 8 U.S.C. SECTIONS 1324a AND 1324b, PROHIBITING THE HIRING OF UNAUTHORIZED ALIENS, AS A 3 CONDITION OF ALL CITY PUBLIC WORKS AND PROFESSIONAL SERVICES CONTRACTS, AND ALL OTHER CITY CONTRACTS FOR GOODS AND SERVICES 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2006, by the following vote, to wit: 8 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 Rachel Clark, City Clerk 19 The foregoing Resolution is hereby approved this day of 52006. 20 21 22 PATRICK J. MORRIS, Mayor City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN 25 C y Attorney 26 27 28 FAEMPENO\Resos\Contractors comply with IRCA.wpd 4