LEGISLATIVE HISTORY
Personnel Committee
ORDINANCE NO. BL2012-282
An Ordinance amending Chapter 4.20 of the Metropolitan Code pertaining to certified payroll record retention and inspection requirements, as well as the public accessibility to such records.
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 4.20 of the Metropolitan Code is hereby amended by deleting the provisions of Section 4.20.100 and substituting with the following new provisions:
4.20.100 – Payroll records – Contractor responsibility.
A. Any person who may enter into any contractual agreement with the metropolitan government or any agency thereof for any public works or improvements shall, upon request, furnish the purchasing agent or the agency under whose jurisdiction such work is to be performed certified copies of payroll records, including employees’ names, employees’ addresses, hours worked, and rates paid, and shall maintain and preserve such payroll records for one year. Such records shall be open for inspection by the agency under whose jurisdiction the contract is to be performed. The contractor shall supply the requested documents within five working days of receipt of the request. The purchasing agent or his designee may periodically examine the records required to be kept under this section.
B. The purchasing agent is authorized to enter into a contract or contracts with the metropolitan development and housing agency ("MDHA") pursuant to which MDHA shall perform the necessary review and investigation to determine compliance with the provisions of this chapter as requested by the purchasing agent. MDHA shall be paid an amount not to exceed its actual reasonable expenses of performance of such contract or contracts. This subsection is in no way intended to subject the metropolitan government to any provision of the Davis-Bacon Act not formally adopted by ordinance.
C. Public access to inspect and request reproductions of certified payroll records shall conform to relevant provisions of the Tennessee Public Records Act, Tennessee Code Annotated §10-7-502, 503, 504, and 505. All such records made available to the public shall exclude Social Security numbers. Further redaction of information shall be limited to those exemptions specifically enumerated in the Tennessee Open Records Act or otherwise exempted by applicable law.
D. All public requests to inspect certified payrolls must be fulfilled by the purchasing agent or the agency under whose jurisdiction such records were obtained in accordance with Mayoral Executive Order No. 035 pertaining to the inspection and copying of public records under the Tennessee Public Records Act.
Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Megan Barry, Anthony Davis
Amendment No. 1
To
Ordinance No. BL2012-282
Madam President:
I move to amend Ordinance No. BL2012-282 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:
“Section 1. That Chapter 4.20 of the Metropolitan Code is hereby amended by deleting the provisions of Section 4.20.100 and substituting with the following new provisions:
4.20.100 – Payroll records – Contractor responsibility.
A. Any person who may enter into any contractual agreement with the metropolitan government or any agency thereof for any public works or improvements shall, upon request, furnish the purchasing agent or the agency under whose jurisdiction such work is to be performed certified copies of payroll records, including employees’ names, employees’ addresses, hours worked, and rates paid, and shall maintain and preserve such payroll records for the previous 365 days on an ongoing basis. Such records shall be open for inspection by the agency under whose jurisdiction the contract is to be performed. The contractor shall supply the requested documents within five working days of receipt of the request. The purchasing agent or his designee may periodically examine the records required to be kept under this section.
B. The purchasing agent is authorized to enter into a contract or contracts with qualified, independent firms, or directly with the metropolitan development and housing agency ("MDHA"), to perform the necessary review and investigation to determine compliance with the provisions of this chapter as requested by the purchasing agent. If selected, MDHA shall be paid an amount not to exceed its actual reasonable expenses of performance of such contract or contracts. This subsection is in no way intended to subject the metropolitan government to any provision of the Davis-Bacon Act not formally adopted by ordinance.
C. Public access to inspect and request reproductions of certified payroll records shall conform to relevant provisions of the Tennessee Public Records Act, Tennessee Code Annotated §10-7-502, 503, 504, and 505. All such records made available to the public shall exclude Social Security numbers. Further redaction of information shall be limited to those exemptions specifically enumerated in the Tennessee Open Records Act or otherwise exempted by applicable law.
D. All public requests to inspect certified payrolls must be fulfilled by the purchasing agent, or by the agency under whose jurisdiction such records were obtained, in accordance with the established policies and procedures of the Metropolitan Government pertaining to the inspection and copying of public records under the Tennessee Public Records Act.”
Sponsored by: Megan Barry, Anthony Davis
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | October 16, 2012 |
| Passed First Reading: | October 16, 2012 |
| Referred to: | Budget & Finance Committee Personnel Committee |
| Amended: | November 13, 2012 |
| Passed Second Reading: | November 13, 2012 |
| Passed Third Reading: | November 20, 2012 |
| Approved: | November 21, 2012 |
| By: | |