[HISTORY: Adopted by the Board of Chosen
Freeholders (now Board of County Commissioners) of Atlantic County
10-10-1978. Amendments noted where applicable.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, partnership, corporation or association seeking
to provide or presently providing to county government goods or services
supported by taxpayer or grant dollars.
To distinguish, differentiate or separate on the basis of
race, color, religion, sex, ancestry or national origin.
Includes the following groups:
Black (not of Hispanic origin). All persons
having origin in any of the black racial groups.
Hispanic. All persons of Mexican, Puerto Rican,
Cuban, Central and South American or other Spanish culture or origin,
regardless of race.
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.
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.
Female.
[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.