ORDINANCE NO. BL2014-991

An ordinance amending Chapter 4.20 of the Metropolitan Code pertaining to minimum wage and payroll information retention and inspection, and to assure protection of private information.

WHEREAS, Chapter 4.20 of the Metropolitan Code currently requires Metropolitan Government contractors on construction projects to pay their workers not less than the prevailing wage rates established by the federal Davis-Bacon Act; and

WHEREAS, T.C.A. §§ 12-4-903 and 50-2-112 were amended by the Tennessee General Assembly in 2013 to prohibit local governments from requiring contractors or subcontractors to pay their workers wages in excess of those provided in the Tennessee Occupational Wages Report published by the Tennessee Department of Labor and Workforce Development, Employment Security Division; and

WHEREAS, the wages published pursuant to the federal Davis-Bacon Act referenced in the current Metropolitan Government prevailing wage law exceed those provided in the Tennessee Occupational Wages Report, thus nullifying the enforcement of the existing Metropolitan Government ordinance; and

WHEREAS, it is in the best interest of the workers of Nashville and Davidson County that the Metropolitan Government prevailing wage law be amended to conform to the state law requirements.

NOW, THEREFORE, 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 Section 4.20.080 in its entirety and substituting with the following:

4.20.080 Minimum wages requirements—Basis.

Any person entering into any contractual agreement with the metropolitan government for any type of building or construction work wherein any funds of the metropolitan government may be appropriated or expended for such building or construction work shall pay not less than the minimum wage rates for all types and occupations of such work as established under the “construction and extraction occupations” listed in the most recent Tennessee Occupational Wages Report published by the Tennessee Department of Labor and Workforce Development, Employment Security Division.

Section 2. That Section 4.20.090 of the Metropolitan Code is hereby amended by deleting subsection A. in its entirety and substituting with the following new subsection A.:

A. The Purchasing Agent shall ensure that solicitations for construction of any public work or improvement shall reference the Tennessee Occupational Wage Report published by the Tennessee Department of Labor and Workforce Development, Employment Security Division. The State’s website shall be identified in the solicitation and made a part of any contract for the construction of any public works project or improvement by reference. The contractor shall be responsible for compensating its employees and holding its subcontractors accountable for the same. The current Tennessee Occupational Wage Report listing those services performed shall be posted on the main employee bulletin board or other conspicuous place of each job site by the contractor.

Section 3. That Section 4.20.100 of the Metropolitan Code is hereby amended by deleting subsections A. and B. in their entirety and substituting with the following new subsections A. and B.:

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, but excluding social security numbers which shall be deleted or redacted, and shall maintain and preserve such payroll records for the previous three hundred sixty-five 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 to perform the necessary review and investigation to determine compliance with the provisions of this chapter as requested by the purchasing agent. This subsection is in no way intended to subject the metropolitan government to any provision of the federal Davis-Bacon Act.

Section 4. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brady Banks, Lonnell Matthews, Sheri Weiner, Fabian Bedne, Tim Garrett

Amendment No. 1
To
Ordinance No. BL2014-991

Madam President:

I move to amend Ordinance No. BL2014-991 by amending Section 3 by deleting the phrase, “The contractor shall supply the requested documents within five working days of receipt of the request”, and substituting with the following language:

“ Contractors having more than one hundred total employees shall supply the requested documents within five working days of receipt of the request, and Contractors having fewer than one hundred total employees shall supply such documents within thirty days of receipt of the request.”

Sponsored by: Jerry Maynard

LEGISLATIVE HISTORY
Introduced:	December 16, 2014
Passed First Reading:	December 16, 2014
Referred to:	Budget & Finance Committee Personnel Committee
Amended:	January 6, 2015
Passed Second Reading:	January 6, 2015
Passed Third Reading:	January 20, 2015
Approved:	January 27, 2015
By: