Atlantic County, NJ Chapter 7 Affirmative Action Program

[HISTORY: Adopted by the Board of Chosen Freeholders (now Board of County Commissioners) of Atlantic County 10-10-1978. Amendments noted where applicable.]

§ 7-1 Statement of policy; purpose.

A. It is the public policy of the County of Atlantic to provide and encourage equal employment and business opportunity for all persons and to prohibit discrimination in employment and business practices.

B. The purpose of affirmative action is to ensure that Atlantic County shall take positive steps to actively recruit, appoint, evaluate, promote, transfer, lay off and pay employees without regard to race, sex, color, marital status, religion, age, physical disability, political affiliation, national origin or liability for services in the Armed Forces of the United States, with the goal of attaining a county work force in which minorities and females participate at all levels in reasonable relation to the county population and the county labor force.

C. This chapter shall apply to all departments, divisions, boards and agencies and their officers and employees, of Atlantic County's government, created by either the Atlantic County Administrative Code[1] or the laws of the State of New Jersey. Further, this chapter shall ensure the specific application of all affirmative action regulations as provided in P.L. 1975, c. 127,[2] of the State of New Jersey, regarding the award of contracts by public agencies.

[1] Editor's Note: See Ch. 4, Administration of Government.

[2] Editor's Note: N.J.S.A. 10-5-31 et seq.

§ 7-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CONTRACTOR

Any person, partnership, corporation or association seeking to provide or presently providing to county government goods or services supported by taxpayer or grant dollars.

DISCRIMINATION

To distinguish, differentiate or separate on the basis of race, color, religion, sex, ancestry or national origin.

MINORITY 

Includes the following groups:

A. Black (not of Hispanic origin). All persons having origin in any of the black racial groups.

B. Hispanic. All persons of Mexican, Puerto Rican, Cuban, Central and South American or other Spanish culture or origin, regardless of race.

C. American Indians and Alaskan natives. All persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition.

D. Asian or Pacific Islanders. All persons having origins in any of the original peoples of the Far East, Southeast Asia, the India Subcontinent or the Pacific Islands. For example, the area includes China, Japan, Korea, the Philippines and Samoa.

E. Female.

§ 7-3 Appointment and duties of Public Agency Compliance Officer (PACO)

[Amended 8-28-2018 by Ord. No. 12-2018]

A. The County hereby establishes the position of Public Agency Compliance Officer (PACO) in conformity with N.J.A.C. 17:27-3.5. This position shall be an unclassified position under civil service.

B. The PACO shall act as the County liaison with the State of New Jersey in all matters regarding public sector contracts. The PACO shall be responsible for the following:

(1) Ensure that all County contracts, including construction contracts and contracts for goods and services, both professional and general, contain the mandatory affirmative action language in compliance with the regulations of the Department of Treasury, Division of Contract Compliance and Equal Opportunity in Public Contracts.

(2) Ensure that with all contracts for goods, professional services and general services that are over the bid limit, that the contractor has a current certificate of employee information (CEI) or federal affirmative action plan approval letter. In the event the contractor does not have these documents, then the PACO shall inform the contractor to complete an Employee Information Report Form (Form AA-302). For construction contracts the PACO shall send an Initial Project Workforce Report Construction Form (Form AA-201).

(3) Ensure that all contractors pay the state-established prevailing wage rates and otherwise comply with statutory and regulatory procedures and policies.

(4) Act as a repository for monthly manning reports and certified payrolls on construction projects and to make those documents available to the State of New Jersey, Division of Purchasing and Property Contract Compliance Audit Unit, in the event of a state audit.

(5) Undertake such other tasks as may be required to ensure that the County is complying with all state statutes and Administrative Code regulations in all public contracts.[1]

[1] Editor's Note: Former § 7-4, Affirmative action plan, and § 7-5, Grievance procedure, which immediately followed, were repealed 8-28-2018 by Ord. No. 12-2018. See now § 4-46D and E, respectively.