Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington 4-24-2001 by Ord. No. MC 3172[1] (Ch. 15 of the 1981 Revised Code); amended in its entirety 4-21-2016 by Ord. No. MC 3567. Subsequent 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 Municipal Council 3-30-2001 by Res. No. MC 01-0530-29.
A. 
It is hereby declared to be the public policy of the Township of Irvington (hereafter the "Township") to recognize that it is in the best interests of all citizens and residents of Irvington that there be full employment within the Township.
B. 
The Township is committed to assisting those citizens and residents who do not now enjoy full employment to achieve full employment status.
C. 
The Township is also committed to assisting those citizens and residents who are underemployed or whose employment does not use their full potential to achieve employment which will be consistent with the abilities and talents of each person.
D. 
The Township is also committed to assisting extremely low, low income and moderately low income persons and/or other socioeconomically challenged persons with securing full employment.
E. 
As such, the Township of Irvington does hereby establish a First Source Employment Linkage Program "FSELP" to facilitate and encourage private sector employment opportunities to qualified unemployed, underemployed and/or socioeconomically challenged Irvington residents by requiring that the recipient of any economic benefit execute a first source agreement and make a good faith effort to hire qualified Irvington residents for 30% of their workforce.
A. 
The Irvington newly created Department of Economic Development and Grants Oversight ("DEDGO") will be responsible for the implementation, management and oversight of this First Source Employment Linkage Program and shall:
(1) 
Develop all policies, procedures, forms, agreements and operational documents to be used to implement, manage and oversee the FSELP and to ensure compliance on the part of any recipient;
(2) 
Design and implement a plan to educate employers about the First Source Employment Job Linkage Program and the system described above;
(3) 
Serve as intermediary between the business community, service providers, and job training agencies, educational institutions and community based organizations (collectively "network partners") to best maximize the socioeconomic potential of this agreement;
(4) 
Prescreen applicants to ensure that businesses receiving economic benefits receive only the most qualified candidates to interview;
(5) 
Maintain a first source registry of qualified Irvington residents who reside in the Township;
(6) 
Maintain a database of vacancies and potential employment opportunities; and
(7) 
Coordinate with Township departments to keep track of and maintain a current list of all economic benefits awards that must adhere to the requirements of the FSELP.
B. 
This chapter authorizes DEDGO to enforce the policy and require all Township departments awarding economic benefits to work cooperatively with the DEDGO to implement this chapter.
C. 
The DEDGO shall have oversight and facilitate the implementation of any and all first source agreements executed prior to this amendment taking effect.
A qualifying project is any of the following economic benefits approved by the Municipal Council for a recipient:
A. 
Approval for any commercial development projects in excess of $250,000;
B. 
Approvals for all multifamily residential development projects with 25 units or more;
C. 
Township-issued public works contracts in excess of $250,000;
D. 
Township contracts for goods and services in excess of $100,000;
E. 
Loans issued by Township departments in excess of $100,000;
F. 
Any federal, state, county or municipal grant or loan of $100,000 or more;
G. 
Township-owned property or in rem tax lien which is conveyed at a private sale for no or nominal consideration, which has an actual fair market value of $100,000 or more; and/or
H. 
A tax abatement or exemption for a property which reduces the cumulative amount of taxes otherwise due by $100,000 or more.
A. 
Binding agreement.
(1) 
Any recipient of an economic benefit shall enter into a binding agreement with the Township wherein the recipient agrees to make a good faith effort to hire qualified individuals who reside in the Township of Irvington.
(2) 
Before executing a contract or receiving an economic benefit, the recipient shall provide a list of anticipated employment opportunities that the recipient, contractor and its subcontractors estimate they will need to fill in order to perform the services under the contract. The list shall include:
(a) 
The number of anticipated employment opportunities throughout the term of the contract;
(b) 
The job title and description of each anticipated employment opportunity; and
(c) 
The basic qualifications necessary for each anticipated employment opportunity.
B. 
Prehiring notification and exclusivity period.
(1) 
At least 15 days prior to advertising for any employees outside of the First Source Program, the recipient shall submit to Department of Economic Development and Grants Oversight a written prehiring notice of the qualifications of the prospective employees needed for any long-term job, as well as a description of the job to be filled. This description shall include work hours, wage scale, benefits, and hiring schedule of the positions. This will enable the DEDGO to refer qualified applicants to the recipient. During this period, the recipient shall adhere to the above requirements of the exclusivity period. If any of the information submitted to prospective employees of the description of the job to be filled is modified, the recipient may notify the DEDGO when such positions become available so that the DEDGO can notify the community that such opportunity exist.
(2) 
The recipient shall interview any applicants referred to by the DEDGO and provide proof of said interview, the hiring determination after the review and the reason for the final determination.
C. 
Mandatory bargaining agreement. All contracts entered into by the recipient or the recipient's contractor shall be required to comply with this chapter and any agreement executed thereunder. The recipient will require the contractor or subcontractor to complete and provide the DEDGO with a statement that it will comply with this chapter and the agreement executed thereunder.
D. 
Collective bargaining agreement. The recipient will cause the contractor to submit to DEDGO copies of any collective bargaining agreements covering workers to be employed and any collective bargaining agreements of any subcontractor.
E. 
Semiannual and other reports.
(1) 
The recipient will submit written semiannual employment reports to DEDGO in the form to be provided by DEDGO. If the recipient failed to fill any position with any qualified applicant referred by DEDGO, the report will include the reasons why.
(2) 
The administration or Municipal Council may request any additional reports from the recipient through the DEDGO.
F. 
Records and work places access.
(1) 
Records and files of the recipient shall be made available to the DEDGO when necessary to check the accuracy of the information. Additionally, the recipient shall insure that Community Development has reasonable access to the project site to physically visit the work site and to verify the accuracy of the information set forth in the reports.
(2) 
The exclusivity period is the period of time commencing with the prehiring notification of the position(s) to the DEDGO by the recipient during which time the advertising, announcing, recruiting, or interviewing takes place. The length of the exclusivity period shall be determined by DEDGO after consultation with the recipient, but in no event shall be less than 15 days.
G. 
Continued requirement to notify.
(1) 
During the term of the contract, the recipient must notify DEDGO of any new job opportunities available at the recipient's place of business. This notification must occur at least 15 business days prior to making an announcement of a specific employment opportunity outside of the First Source Hiring Program.
(2) 
The notification should include:
(a) 
The number of vacancies per job classification offered as a result of the economic benefit; and
(b) 
Qualifications necessary for each new job opportunity. This may include, and are not limited to, expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements (e.g., language skills, driver's license, etc.). Job qualifications shall be limited to skills directly related to performance of job duties.
Beginning in January 2017, the Irvington DEDGO shall send semiannual reports to the administration and Municipal Council outlining:
A. 
How many individuals were referred through Irvington DEDGO to be interviewed during that particular semiannual period.
B. 
How many individuals referred by any individual referred by the Irvington DEDGO that was hired and the length of each individual's employment.
C. 
If applicable, from which service provider, job training agency or educational institution the hired individuals were referred to the Irvington DEDGO, the ward in which the hired individual resides, and the wages and benefits received by the hired individuals.
D. 
If a lack of good faith has been demonstrated on the part of any recipient, this shall also be included in the reports.
E. 
The Irvington DEDGO shall also include recommendations and suggestions about how this employment linkage program could be improved.
Because damages will not be capable of determination with any reasonable degree or certainty, the Township will be entitled to liquidated damages from the recipient in the amount of $5,000 for every worker hired where the recipient failed to make a good faith effort to hire qualified individuals who reside in the Township of Irvington as outlined above. This section relating to damages is subject to the written default notice provisions and expiration of a period to correct any violation, set forth in the first source agreement to be entered into by the recipient.
A. 
Enforcement. If the DEDGO determines that a recipient violated its agreement, the DEDGO may recommend that the Township and awarding department take any of the following actions:
(1) 
Recommend termination of the contract or rescind the instrument awarding the economic benefit;
(2) 
The recipient may be precluded from applying for any future economic benefit for a fixed period of time; or
(3) 
That penalties be assessed as detailed below.
B. 
Penalties.
(1) 
Township may be entitled to liquidated damages from any recipient in the amount of $5,000 for every worker hired where the recipient failed to make a good faith effort to hire qualified individuals who reside in the Township of Irvington as outlined above.
(2) 
The Township reserves any other remedies it may have at law or equity, including but not limited to the termination of any economic benefit (such as the recalling of loans, repealing of tax abatements or cancelling of contracts), if appropriate, for a material breach of the recipient's obligation to make a good faith effort to hire qualified individuals who reside in the Township of Irvington as outlined above.
(3) 
This section relating to damages is subject to the written default notice provisions and expiration of a period to correct any violation, as set forth in the first source agreement to be entered into by the recipient.
Businesses who can demonstrate, in writing, with supporting documentation, in a form determined by the DEDGO that their staff is already made up of 30% Irvington residents, or that the positions available at their business require a unique set of skills, expertise, education and/or license, making it necessary for them to consider candidates outside of the Township of Irvington to identify a qualified candidate, may be eligible for exemption from complying with this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ECONOMICALLY DISADVANTAGED INDIVIDUAL
Anyone who meets the poverty guidelines as determined annually by the United States Department of Health and Human Services or other designated department.
FIRST SOURCE AGREEMENT
A binding agreement between the Township and any recipient of an economic benefits, wherein the recipient agrees to make a good faith effort to hire qualified individuals who reside in the Township of Irvington to fill 30% of the jobs created as a result of the receipt of the economic benefits.
QUALIFIED RESIDENT
An individual who has been a resident of the Township for three months prior to registering with the DEDGO and who meets the minimum bona fide occupational qualifications provided by the prospective employer.
RECIPIENT
Any individual, partnership, association, organization, for-profit or nonprofit corporation or other entity whether public or private, which receives an economic benefit from the Township of Irvington as defined within this chapter. This includes any contractor, subcontractor or agent of the recipient.
TOWNSHIP OF IRVINGTON
Includes its employees, agents and assignees.
This chapter shall not confer upon the Township of Irvington any power not otherwise provided by law to determine the legality of any collective bargaining agreement or to regulate any collective bargaining process.