City of Haverhill, MA
Essex County
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Table of Contents
Table of Contents
Notes
Repealed legislation
Created: 2017-10-20
Please be advised that Chapter 132 was repealed in its entirety in January 2012.  Future updates will reflect this change.
[HISTORY: Adopted by the City Council of the City of Haverhill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Employment by City — See Ch. 143.
Public-Private Partnerships Committee — See Ch. 21, Art. II.
[Adopted 10-15-1991 by Doc. 148 (Ch. 132, Art. I, of the 1980 Code)]

§ 132-1 Purpose.

The City Council recognizes that there is a need to ensure that Haverhill residents receive the maximum benefits from the economy of the City of Haverhill, specifically, those projects involving public buildings or public works including but not limited to residential, institutional, industrial and commercial development and construction which are funded by public funds. Therefore, it is appropriate for the City of Haverhill to make certain that each development constructed with public funds, which encompasses residential, office, institutional and/or commercial development ensures that a substantial percentage of construction employees include Haverhill residents through compliance with this Haverhill Residents Construction Employment Ordinance.

§ 132-2 Definitions.

The following phrases shall have the meanings prescribed herein for purposes of this article:
HAVERHILL RESIDENT
Any persons for whom the principal place of residence is within the City of Haverhill for at least six months prior to the award of the particular construction project.
PUBLICLY FUNDED CONSTRUCTION CONTRACT OR PROJECT
A project or a contract for construction of a project taking place within the City of Haverhill which is funded, in whole or in part, by City, state, county, federal or other public funds or by grant funds administered by the City, or which, in accordance with a federal, state or other grant, the City expends or administers, or a contract to which the City is a signatory.

§ 132-3 Compliance required.

On any publicly funded construction project taking place within the City of Haverhill, the developer, contractors and subcontractors shall comply with the following requirements:
A. 
A minimum of 30% of the total employee hours by craft shall be completed by Haverhill residents.
[Amended 4-16-1996 by Doc. 58]
B. 
All developers, contractors and subcontractors shall agree that any apprentices hired shall be apprentices indentured to a bona fide apprenticeship program, approved by the Commonwealth of Massachusetts.

§ 132-4 Administration and enforcement.

A. 
The City of Haverhill Human Resources Office/Community Development Office shall be responsible for enforcing compliance with the provisions of this article.
[Amended 7-10-2007 by Doc. 76]
B. 
Upon issuance of a building permit involving a publicly funded construction project, the developer shall submit to the Haverhill Human Resources Office/Community Development Office, in writing, the following information:
[Amended 7-10-2007 by Doc. 76]
(1) 
The scope of construction.
(2) 
Construction time schedules.
(3) 
The projected number of employees and hours.
(4) 
The types of trades to be hired.
(5) 
The names, addresses and principals of contractors and subcontractors being hired.
C. 
Upon request, all developers shall submit weekly workforce reports listing the following:
(1) 
The name of employees.
(2) 
The residential address of each employee and length of residence.
(3) 
The craft of each employee.
(4) 
The job category of each employee.
(5) 
The hours worked of each employee.
(6) 
The hourly wage of each employee.
(7) 
The company for which each employee is employed.
D. 
The Human Resources Office/Community Development Office shall review all information submitted and shall make certain that such requirements as defined in § 132-3 are complied with. If such requirements are not complied with, the enforcement procedures of § 132-7 shall be implemented.
[Amended 7-10-2007 by Doc. 76]

§ 132-5 Haverhill Residents Construction Employment Monitoring Committee.

A. 
The Haverhill Residents Construction Employment Ordinance, its enforcement and compliance with its requirements shall be monitored by the Haverhill Residents Construction Employment Monitoring Committee, as provided for herein.
B. 
Such Committee shall be comprised of five individuals, including the following, and each shall serve at the discretion of his or her appointing authority:
(1) 
A designee of the Mayor.
(2) 
A designee of the City Council President.
(3) 
A designee of the Lower Merrimack Valley Private Industry Council.
(4) 
A designee of the Haverhill Chamber of Commerce.
(5) 
A designee of the local Building Trades Council.
C. 
Such Committee shall meet on a biweekly basis, or as needed, and shall review and monitor all information and documentation provided by developers to establish compliance with this article. If, through such monitoring, it is determined that one or more developers are not complying with said article, the Committee shall immediately request the Building Inspector and Human Resources Office/Community Development Office to initiate procedure for enforcement, as provided in § 132-7 of this article. The sole exception to the implementation of such enforcement procedures is the determination and approval of the Committee, as defined in § 132-6, that compliance cannot be obtained because of high local construction employment levels of Haverhill and Haverhill residents being technically unavailable persons and that therefore, a waiver from compliance should be allowed.
[Amended 7-10-2007 by Doc. 76]

§ 132-6 Compliance waiver.

In the event of high local construction employment levels of qualified Haverhill residents and documented inability of developers, contractors and subcontractors to hire local employees because of such high local construction employment levels, compliance with the provisions of this article may be waived, in whole or in part, on a case-by-case basis, through a determination made by the Haverhill Residents Construction Employment Monitoring Committee, as defined in § 132-5, that high local employment levels prohibit the developer, contractors and subcontractors from hiring local area employees as required. Such documentation shall include evidence of efforts conducted by the developer, contractor and subcontractor which shows a high level of effort in attempting to obtain local employees. Such effort shall include local advertising to seek local employees and solicitations of local companies for contracting purposes.

§ 132-7 Violations and penalties.

[Amended 7-10-2007 by Doc. 76]
A. 
In the event of violation of this article, upon three days' written notice to the violator, the City, through its Community Development Office/Human Resources Office, shall take the following actions:
(1) 
Assessment of a fine of $300 per day of violation, or the maximum amount allowed by law, whichever is less, against the developer who violates this article to be paid within 30 days of such assessment.
(2) 
Revocation of all building permits pertaining to such development until violations have been eliminated.
B. 
This article shall be enforced in the manner provided in MGL c. 40, § 21D, and in § 1-16 of this Code. All inspectional personnel, inspectors, Community Development Director/Human Resources Officer and police personnel shall be deemed to be enforcement personnel for the purpose of this chapter.

§ 132-8 Severability.

In the event that any section of this article is deemed illegal, unenforceable or unconstitutional, then the remaining sections shall remain in full force and effect.