[Adopted 5-10-1993 by L.L. No. 3-1993]
This article shall be known as the "Albany County MacBride Principles Contract Compliance Law."
Justice and peace in Northern Ireland are matters of grave concern to the people of Albany County.
Northern Ireland was created in 1920 when its six counties were partitioned from the rest of Ireland.
Northern Ireland has a history of institutionalized governmental and private employment discrimination against Catholics, which has been documented.
The unemployment rate for Catholics in Northern Ireland is 2 1/2 times the unemployment rate for Protestants.
In some predominantly Catholic areas, such as West Belfast, the unemployment rate for adult males is as high as 80%.
Such discrimination contributes to the strife and tragedy that continues in Northern Ireland.
The MacBride Principles of Fair Employment are nine principles designed to foster an end to employment discrimination in Northern Ireland.
The Assembly, Senate and Governor of New York State have recognized the MacBride Principles' efficacy and importance to our citizens by enacting state laws that require private companies doing business with New York State to adhere to the MacBride Principles.
At least 10 other states and many other local governments throughout the United States have also enacted legislation implementing the MacBride Principles.
The State of New York and the City of New York have each enacted MacBride Principles contract compliance laws that are essentially the same as that which is set forth in § 9-4 of this article.
It is in the interest of Albany County that contractors who do business with the County and who also do business in Northern Ireland abide by the MacBride Principles.
As used in this article, the following terms shall have the meanings indicated:
MacBRIDE PRINCIPLES
Those principles relating to nondiscrimination in employment and freedom of workplace opportunity which require employers in Northern Ireland to:
A. 
Increase the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs;
B. 
Take steps to promote adequate security for the protection of employees from underrepresented religious groups, both at the workplace and while travelling to and from work;
C. 
Ban provocative religious and political emblems from the workplace;
D. 
Publicly advertise all job openings and make special recruitment efforts to attract applicants from underrepresented religious groups;
E. 
Establish layoff, recall and termination procedures which do not in practice favor a particular religious group;
F. 
Abolish all job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion;
G. 
Develop training programs that will prepare substantial numbers of current employees from underrepresented religious groups for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of workers from underrepresented religious groups;
H. 
Establish procedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and
I. 
Appoint a senior management staff member to oversee affirmative action efforts and develop a timetable to ensure their full implementation.
A. 
General provisions.
(1) 
With respect to contracts described in Subsection A(2) and (3), and in accordance with such subsections, no agency, elected official or the County Legislature shall contract for the supply of goods, services or construction with any contractor who does not agree to stipulate to the following, if there is another contractor who will contract to supply goods, services or construction of comparable quality at a comparable price: The contractor and any individual or legal entity in which the contractor holds a 10% or greater ownership interest and any individual or legal entity that holds a 10% or greater ownership interest in the contractor either (a) have no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations they have in Northern Ireland in accordance with the MacBride Principles, and shall permit independent monitoring of their compliance with such principles.
(2) 
In the case of a contract which must be let by competitive sealed bidding, whenever the lowest bidder has not agreed to stipulate to the conditions set forth in this section, and another bidder who has agreed to stipulate to such conditions has submitted a bid within 5% of the lowest bid for a contract to supply goods, services or construction of comparable quality, the contracting entity shall refer the contract to the County Legislature, which shall determine whether the lowest bidder is responsible. In making such determination, the County Legislature may consider, as a factor bearing on responsibility, whether the lowest bidder discriminates in employment in Northern Ireland.
(3) 
In the case of a contract let by other than competitive sealed bidding for goods or services involving an expenditure of an amount greater than $10,000, or for construction involving an amount greater than $15,000, the contracting entity shall not award to a proposed contractor who has not agreed to stipulate to the conditions set forth in this section unless the entity seeking to use the goods, services or construction are necessary for the entity to perform its functions and there is no other responsible contractor who will supply goods, services or construction of comparable quality at a quality price. Such determination shall be made in writing and shall be filed with the Clerk of the County Legislature and shall be available to the public.
B. 
Upon receiving information that a contractor who has made the stipulation required by this section is in violation thereof, the contracting entity shall review such information and offer the contractor an opportunity to respond. If the contacting entity finds that a violation has occurred, it shall take such action as may be appropriate and provided for by law, rule or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the contractor in default and/or seeking debarment or suspension of the contractor.
C. 
As used in this section, the term "contract" shall not include contracts with government and nonprofit organizations, contracts awarded pursuant to an emergency procurement procedure or contracts, resolutions, indentures, declarations of trust or other instruments of authorizing or relating to the authorization, issuance, award, sale or purchase of bonds, certificates of indebtedness, notes or other fiscal obligations of the County, provided that the policies of this section shall be considered when selecting managing underwriters in connection with such activities.