[HISTORY: Adopted by the City Council of the City of Camden 12-20-2001 by Ord. No.
MC-3714[1] (Ch. 66 of the 1987 Code). Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was vetoed by the Mayor;
said veto was overridden by a two-thirds vote of the City Council
1-10-2002.
A.
This chapter shall be known as the "City of Camden Living Wage Ordinance."
B.
The purpose of this chapter is to require that a minimum level of
compensation, constituting a living wage, be paid to City employees,
employees of service contractors of the City and their subcontractors,
and employees of entities receiving financial assistance from the
City.
The following definitions shall apply throughout this chapter:
The City of Camden and all City agencies, departments, and
offices.
Any person or entity that enters into a service contract
with the City.
Any person employed by the City, by a contractor or a subcontractor
to a City contractor; or by a recipient of financial assistance. "Employee"
includes part-time, temporary, and seasonal workers. "Employee" does
not include summer youth program hirees, or seniors employed under
special employment programs.
Any person or entity, which is a contractor, subcontractor,
or recipient of financial assistance.
A proprietorship, partnership, joint venture, corporation,
limited liability company, trust, association, receiver, trustee,
or other entity recognized by law that may employ individuals or enter
into contracts with the City.
Assistance provided by the City through use of public funds,
including federal and state funds administered by the City, and includes
but is not limited to economic development grants and subsidies, tax
abatements, forgivable or below-market interest loans, reduction or
deferral of any tax or any fee, guarantee of payment under a loan,
lease, or other obligation, lease or sale of public land at below-market
value, tax increment financing, improvements to land paid for or done
by public entity, industrial development bonds, CDBG, HOME and ESG
loans and grants, Enterprise Zone grants and benefits, and investment
fund loans. It does not include technical assistance by City staff.
An annual income equal to the United States Department of
Health and Human Services most recently published poverty guideline
for a family of four.
Any person or entity which receives financial assistance
from the City, and includes a tenant or leaseholder who occupies property
or uses equipment or property that is improved or developed as a result
of the financial assistance even if that person or entity is not the
direct recipient of the financial assistance. It does not include
intermediaries which only serve to pass through the financial assistance
to other parties.
A contract entered into by the City for furnishing of services
or labor to or for the City not subject to a prevailing wage requirement.
It does not include contracts for the purchase or lease of goods,
products, equipment, supplies or other property or contracts where
services are incidental to the delivery of products, equipment, or
commodities.
Any person or entity who enters into a contract with a contractor
to assist the contractor in performing a service contract.
Persons less than 18 years of age who are students and who
are employed as trainees for summer or after-school programs for a
period no longer than 90 days.
A.
Payment of living wage required. Employees covered by the provisions
of this chapter must be paid a living wage and be provided reasonable
health and other benefits.
B.
Living wage defined.
(1)
The amount of the minimum wage to be paid to all covered employees
is $8 per hour. The total wage and benefit package must total $9.50
per hour. This benefit package may include wages paid to the employee,
amounts paid by the employer on behalf of the employee for medical,
dental, prescription benefits, pension, paid leave, and education
allowance. It does not include payments required by federal and state
law, such as social security, FICA, workers' compensation, and
unemployment compensation.
[Amended 1-10-2002 by Ord. No. MC-3721[1]]
[1]
Editor's Note: This ordinance was vetoed by the Mayor,
which veto was overridden by the City Council, 2-28-2002 by Res. No.
MC-02:174.
(2)
Employees who receive tips, commissions, or whose compensation consists
of more than hourly wages shall be paid an hourly wage which, when
combined with the other compensation, will at least equal the living
wage.
C.
Annual adjustment. This amount of the living wage shall be adjusted
by Council on an annual basis to conform to increases in the federal
poverty level.
D.
No bar to payment of higher wage. Nothing in this chapter shall prohibit
the payment of more than the living wage to any person.
A.
Persons covered. This chapter requires payment of a living wage to
the following persons:
(1)
All employees of the City.
(2)
All employees of contractors and subcontractors who expend any of
their time in the provision of services to the City pursuant to a
service contract, provided that the contract is in an amount of $10,000
or more.
(3)
All employees of recipients of financial assistance who expend any
of their time on the premises or are otherwise directly involved in
the project or property which was subsidized through the grant of
financial assistance, provided that the amount of financial assistance
is $10,000 or more.
B.
Collective bargaining agreement may supersede chapter requirements.
Parties to a collective bargaining agreement may provide that the
bargaining agreement supersedes the requirements of this chapter.
C.
Prevailing wage standards to supersede chapter. If the work being
performed is a public work subject to a prevailing wage requirement,
the prevailing wage standard shall apply.
A service contractor or subcontractor shall be required to comply
with the provisions of this chapter for the term of the contract.
Recipients of financial assistance shall be required to comply with
the requirements of this chapter for the period of the assistance,
or if there is no defined term, for a period of 15 years.
A.
Process for public bidding and selection of contractor. Bid specifications
for all service contracts covered by this chapter which are publicly
bid pursuant to N.J.S.A. 40A:11-1 et seq. shall require that employees
performing services under the contract must be paid a living wage,
as defined in this chapter, unless already subject to a prevailing
wage requirement. Where service contracts are covered by the terms
of this chapter but are not subject to the public bidding process,
prospective contractors will be informed of the applicability of this
chapter at the time that quotations are solicited.
B.
Required contract provisions.
(1)
Every service contract to which this chapter applies shall contain
a provision stating that the contract is subject to this chapter.
The contract must require that a living wage, as defined in this chapter,
shall be paid to all covered employees employed in the performance
of the contract, including the employees of subcontractors. The contract
will provide that contractors shall be responsible for ensuring that
their subcontractors comply with this chapter and the requirements
will be included in the contracts between the contractor and subcontractor.
(2)
The City's service contracts which come under the provisions
of this chapter shall also provide that the contractors and subcontractors
shall permit access to work sites and relevant payroll records to
authorized City representatives for the purpose of monitoring compliance
with this chapter, investigating employee complaints of noncompliance,
and evaluating the operation and effects of this chapter. The contracts
shall also contain a provision that in the event it is found that
an employer has paid a worker covered under this chapter less than
the minimum required living wage or has otherwise failed to comply
with the terms of this chapter, such violation will constitute a breach
of the agreement, the City may utilize the remedies available and
take legal action to enforce its rights as provided in this chapter,
and the employee may enforce the contract as the intended third-party
beneficiary. The contract shall further provide that, if the contract
is terminated for violations of this chapter, the contractor shall
be liable to the City for any excess costs in obtaining the services
for which it contracted.
A.
Applications for financial assistance. All requests for proposals,
requests for qualifications, applications for grants and for other
forms of financial assistance which come under the terms of this chapter
shall state that the agreement to provide financial assistance shall
be subject this chapter. A certification by the entity applying for
assistance that living wage will be paid to all covered employees
shall be required as part of the submission.
B.
Financial assistance agreements; required terms.
(1)
A written agreement shall be executed between the City and any recipient
of financial assistance to whom this chapter applies. These agreements,
which include but are not limited to grant agreements, payment in
lieu of taxes agreements, leases, real estate options, and sales contracts,
will require that a living wage, as defined in this chapter, shall
be paid to all covered employees. The agreements will provide that
recipients of financial assistance shall be responsible for ensuring
that their contractors, subcontractors, tenants, or leaseholders comply
with this chapter and that the requirements will be included in the
contracts between the recipient of financial assistance and its subcontractors
or leaseholders and tenants.
(2)
The City's agreements to provide financial assistance which
come under the provisions of this chapter shall also state that the
recipients of financial assistance shall permit access to work sites
and relevant payroll records to authorized City representatives for
the purpose of monitoring compliance with this chapter, investigating
employee complaints of noncompliance and evaluating the operation
and effects of this chapter. The agreements shall also contain a provision
that, in the event it is found that an employer has paid a worker
covered under this chapter less than the minimum required living wage
or has otherwise failed to comply with the terms of this chapter,
such violation will constitute a breach of the agreement, the City
may utilize the remedies available and take legal action to enforce
its rights as provided in this chapter, and the employee may enforce
the contract as the intended third-party beneficiary. Leases for City-owned
property shall provide that failure to comply with this chapter shall
constitute a breach of the lease.
A.
Maintenance of employment records. Employers shall be required to
maintain payroll records for all employees covered under this chapter
which contain name and address of each employee, job title and classification,
the number of hours worked, gross and net wages paid, copies of social
security wage and withholding reports. The employment records shall
be preserved by the employer for a period of three years.
B.
Reporting of employment data and compliance with this chapter.
(1)
Employers shall be required to submit a certification that the employer
has complied fully with the requirements of this chapter and to fill
out a report in a form provided by the City which contains the following
information regarding all covered employees:
(2)
Contractors and subcontractors shall provide the information regarding
all covered employees at the time of commencement of the contract,
on quarterly basis during the term of the contract, and at the completion
of the contract term.
(3)
Recipients of financial assistance shall disclose the above information
at the time the assistance is received, or if there are no persons
employed by the recipient at that time, then at the time that the
first employees are hired at the place of business, and twice per
year thereafter during the term of the applicability of the requirements
of this chapter.
(4)
Failure to disclose information on a timely basis shall constitute
a violation of this chapter. The Officer may direct the fiscal official
charged with disbursement of the City's funds to withhold funds
due to the contractor until such time as the information is provided.
(5)
Submission of inaccurate, false, misleading, or fraudulent information
shall also constitute a violation of this chapter.
C.
Notice to employees. Every employer shall provide notification to
all employees covered under the terms of this chapter of their rights
under the provisions of this notice. The employer shall post in a
conspicuous place on any job site subject to this chapter a copy of
the minimum living wage rate.
D.
Public access to information. All of the information collected will
be public information available for inspection and copying upon reasonable
request.
Employers are prohibited from discharging, reducing the wages
or otherwise taking any retaliatory action or discriminatory action
against any employee for making a complaint to the City or otherwise
asserting his or her rights under this chapter.
A.
Responsibility for enforcement. The City Contract Compliance Officer
("Officer") shall have principal responsibility for collecting the
data, monitoring compliance, hearing complaints, and enforcing the
provisions of this chapter. The Officer shall have the authority to
enter and inspect the place of business employing workers covered
under this chapter and to inspect payroll records and question employees
for the purpose of ascertaining whether the provisions of this chapter
are being complied with.
B.
Violation of chapter. Any employer who fails to make, keep, or disclose
any record as required under the provisions of this chapter, or falsifies
any such record, or pays wages less than required under this chapter,
or takes discriminatory or retaliatory action against an employee,
or otherwise does not comply with any provision of this chapter may
be found to have committed a violation of this chapter. Each day on
which an employee was paid less than the required wage shall constitute
a separate offense.
C.
Procedures for bringing complaints, enforcing remedies, and appeals.
Any employee or any concerned member of the public who believes an
employer is in violation of this chapter may file a complaint with
the Contract Compliance Officer. The Officer shall promptly investigate
the complaint and make an initial determination whether a violation
exists. The Officer may also initiate an investigation on his or her
initiative. Statements made by an employee in the course of investigation
of a violation shall be treated as confidential and shall not be disclosed
to the employer without the consent of the employee. If a violation
is found, notice shall be given by certified and regular mail to the
owner of the finding of the violation and of the remedies the City
intends to utilize for enforcement of its rights. The employer may
request a hearing and review of the decision by the Business Administrator
within 14 days of receipt of the notice. The findings of the Officer
shall become final after the expiration of the 14 days, if no hearing
is requested. If a hearing is held, the Business Administrator shall
make a final determination.
A.
Remedies for breach of the contract or the agreement to provide financial
assistance include:
(1)
Restitution to employee for unpaid wages.
(2)
Suspension of payments under the contract until restitution for unpaid
wages is made.
(3)
Termination of the contract or grant of financial assistance.
(4)
Repayment of the entire amount or a prorated portion of the financial
assistance.
(5)
Debarment from contracting with the City of Camden for five years
after three violations, extending to a parent, subsidiary, or other
closely related entity of the ineligible party.
(6)
Ineligibility to obtain future financial assistance from the City
for a period of five years.
B.
Unless otherwise provided for in any other section of this chapter,
any person who violates any provision of this chapter shall, upon
conviction, be punished by a minimum fine of $100, but not exceeding
$1,000.
C.
For purposes of this section, a separate offense shall be deemed
committed for each employee and on each day during which an employee
was paid less than the required wage.
D.
No limitation on other available remedies of employee. This chapter
shall not be construed to limit an employee's ability to bring
any legal action or otherwise enforce his or her rights for violation
of any rights of the employee.
A.
Living Wage Community Advisory Council established. There is hereby
established a Living Wage Community Advisory Council of the City of
Camden, with the powers and duties described herein.
B.
Membership of Council; terms of office. The Living Wage Community
Advisory Council shall consist of seven members. Initially, the composition
of the Council shall consist of four members who shall be appointed
for terms of two years and three members who shall be appointed for
periods of one year; thereafter, all members of such Council shall
be appointed for terms of two years.
C.
Appointment of Council.
(1)
Members of the Living Wage Community Advisory Council shall be appointed
by the Mayor with the approval of City Council. If the Mayor fails
to appoint a member for a vacant position within 30 days of the position
becoming vacant, City Council may make the appointment.
(2)
The membership of the Council shall comprise of the following: two
representatives from organized labor; two representatives from the
community; one representative from business; one representative from
government; and one representative from nonprofit organizations.
D.
Removal of Council members. Members of the Living Wage Community
Advisory Council may be removed for nonperformance or neglect of their
duties or for other good cause by the Mayor, with the concurrence
of the majority of City Council.
E.
Compensation of Council. Members of the Living Wage Community Advisory
Council shall serve without compensation.
F.
Filling vacancies on Council. Vacancies in the Living Wage Community
Advisory Council, for whatever reason, shall be filled in the manner
provided for new appointments.
G.
Powers and duties of Council. The powers and duties of the Living
Wage Community Advisory Council shall include the following:
(1)
Adopting rules and procedures for the regulation and conduct of its
meetings.
(2)
Evaluating reports submitted by entities bidding on contracts and
applying for financial assistance to determine their compliance with
the terms of this chapter.
(3)
Making recommendations to the Camden City Council regarding award
of contracts and grants of financial assistance with regard to the
provisions of this chapter.
(4)
Monitoring the compliance of contractors and recipients of financial
assistance subject to this chapter.
(5)
Supplying information to the public regarding this chapter.
(6)
Reporting to and advising City Council on matters regarding the implementation
and enforcement of this chapter and, when necessary, recommending
needed changes either to this chapter or to the enforcement procedures
being utilized.
The provisions of this chapter shall apply to service contracts
awarded and financial assistance provided after the effective date
of this chapter. It shall also apply to a contract amendment and to
any renewals of financial assistance to current recipients of assistance,
made after the effective date of this chapter, if the amount of the
contract amendment or financial assistance exceeds the threshold amount
of $10,000. The chapter requirements shall not apply to ongoing financial
assistance agreements such as tax abatements until their current term
has expired and they are being renegotiated or renewed.
