GO Item #2
Government Operations and Fiscal Policy Committee
Amanda Mihill, Legislative Attorney:
Worksession: Bill 43-15, Contracts and Procurement - Wage Requirements
Bill 43-15, Contracts and Procurement - Wage Requirements - Amendments, sponsored by Lead
Sponsors Councilmembers EIrich and Navarro and Co-Sponsors then-Council President Leventhal
and Councilmember Riemer, was introduced on October 20,2015. A public hearing was held on
December I, at which all speakers supported Bill 43-15 (see testimony on ©17-27).
Bill 43-15 would require certain contractors or subcontractors to submit certain payroll records to
the Chief Administrative Officer (CAO); specify the remedies for a violation of the wage
requirements; and specify that a violation of the wage requirements law is a potential cause for
debarment or suspension.
Issues for Committee Discussion
Collective Bargaining Exemption
County Code §llB-33A(d) requires each of the County's
contractors and subcontractors to pay an employee a specific living wage (currently $14.35/hr).
Section IlB-33A(t) exempts certain employees from the living wage requirements, including
employees "for whom a lower wage rate is expressly set in a bona fide collective bargaining
agreement." S.everal speakers at the hearing urged the Council to remove this exemption. This
language was included in the living wage law as originally enacted by the Council in 2002. Council
staff is unsure as to the rationale for including it in the law, but agrees with the recommendation
to remove it. If it is the Council's policy that employees of contractors should be paid a certain
rate, then even employees subject to a collective bargaining agreement should be paid that rate at
a minimum. Council staff recommendation: remove the exemption in the living wage law for
employees subject to a collective bargaining agreement.
Annual Cost of Living Increase
Some speakers at the hearing urged the Council to amend the
living wage law such that employees of contractors are entitled to receive an annual cost ofliving
adjustment. Council staff notes that the current law already requires the CAO to adjust the living