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Home My WebLink AboutR-84-0898`1 �-�1i•yi 1 ',r- rr/I13aIfl►i RESOLUTION NO. � A RESOLUTION ESTABLISHING AN ADVISORY 'a COMMITTEE TO RECOMMEND A FIRST -SOURCE kp rg AGREEMENT POLICY FOR IMPLEMENTATION BY THE CITY Of MIAMI AND APPOINTING CERTAIN :¢ INDIVIDUALS TO SERVE ON SAID COMMITTEE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA* Section 1. An Advisory Committee is hereby established to recommend a first -source agreement policy for Implementation by the City of Miami. Uction 2. The following individuals are hereby appointed to serve on said Committee: Joseph A 1 f an o Commissioner Joe Carollo Representative Humberto Cortina Commissioner Miller J. Dawkins Charlotte Gallogly A. Quinn Jones, III, Esq. Walter Pierce Representative Jefferson Reaves Representative Harold Speet Dena Spillman PASSED 4NO ADOPTED this 31at day of July, 1984. To Fou Am CQRRECTMESSI �M t 4444N it re: �llt. Selrrrd V. Gary City K~r +r W 1tilLsyt a . Da�icitls Collet icnar emy OR MIAMI. Pl,ARIOA ,N"R.OMCR MSMOAAMONIN DATW July 23. 1984 P" suejact: FIRST SOURCE UMOTMT � RcraRSNe116: [NCLOSUR[S: y i aw reQnesting that the First Employment . Source Agenda placed on the July Agreements be 30. 1984 Commission sd -- - -- .x ' •`PR TO The Sonorabte Miller 0. :)t.W* Ci :y Cc-miissiorer 6 1ME Ct 010" . Jose Garcia -Pedrosa City Attorney '!r "titmeNcts. ENCIOSURis vr`, lh, 1984 rues A-64-04 "; Request for legal Opinion "First -Source" Employment Agreements N This is in reply to your recent request for an opinion on. the legality of the "First -Source* Employment ASree...•:nts - The Economic and Policy Rationale -Ian submitted by you for review. This particular plan is embodied in the concept of a volun- tary exchange in the nature of a first -source agreement betweeenn employers and the municipality wherein the municipa.'_ity is given the first opportunity to service the speci�ic needs of the employer through rectu!l men:, traini,ne, and placement of job applicants meeting the rcquirements as set forth by the employer. The development and implementation of such a plan is within -.e po•:errs of a municipal cor?oration and is therefore to be con- strued as legal. • The City of Portland implemented its first-.ource employment agree nt policy in 1978. The !:-rcgra:n was ees:cned to create --obs for disadvantaged city residents. Firms which received economic assistance from the City of Portland are in most instances required to enter 4.rto a f-rst--ounce acreemer.t with the City as part of t}if- econo!r c =�ve'_o•r,�_.-.t package. The City's p%rticip,._.on is car- ..ao opt .ts -Employment and Training :,ivision for recruitment, referral, and olacement )f potentially qualified vrploy-? s. Th., erp'_oyer is required to notify the ?.a�ployrnent r.nd Divi!,_on advance .f anticipated :,.:c:ngs and its needs for new employees. The Portland Development Authority has indicated that the first-socrea concept has been limited to small, business f Irre... seeking economic assistance ;5200,00045C,OOD) from the City. It 41-1 inoicated that the City of Portland has not had any legal abatlenges with respect. to the ±mpler��'-a.:.on of its f rst--source ereplalrent agreement policy. The e-m.Lc-:--- -e.kes a'.'_ C. _cisions on `',zinc but 14 r*gv.ired by ;.gre-... nt to employees referred by the City in. accordance w:r.z tha c::a' if :cations established by the employer. Under this arrangement, the employer is given the option to till its own employme . t needs in the event the ■ ant- cipality is unable to nett the employment requirements throulph the Supioys►ent a:ic Tra!ninq division within a reasonable period $K= of t Lao. u- a> $ - F.. v • j Miller A. Dawkins May 160 1964 City Commission►e:. Page 2 The first-soetire agreement policy is still a relatively novA coneopt. •A:ae City of Palo Alto, as indicated by the Portland Development Authority, has implemented such a similar policy. The Cities of San Diego and Chicago are also exploring thr possibility of implementing this type of policy. In response to your specific questions: a) The "first -source" employment agreement would not be in violation of• the City Charter. The City of Miami is empowered pursuart to Section 3(z) of the Charter: Promotion of general welfare, etc.t mo do all things whatsoever necessary or expedient for prozotin,, or maintaining the general ..elfare, comfort, education, morals, oer�e, govern- ment, health, trade, comme_ or industries of the city or its inhabitants. In effect, the institution of a "! irst-source" employment agreement policy can be construed as a valid and reasonable legislative enactment consonant with t`ne general Welfare or general grant of- power clause set forth in Section 3;z) of the Charter. An ordinance will be adjudged valid by a cr��:-t provided it is reasonab_e and consistent with the general • wers of the municipal corporation. Perry Tradinc Co. v. 'a?_ahassee, 174 So. $54 (1937); Eskird v. Vero '�s !-_ �.o;.c �„_ ^ ; � Shepherd v. McElwee, S.W. :. G. . _s vo:un,.ary and cooperative exc�a'nae—in of the City first ovportunity to recruit, tr.- ., and place ;ob applicants Meeting the employer's requirements would attempt to ensure that economically cjsadvantaged residents of • the City of Miami would be errployed in jobs created as a result of public investrent furies. b) A resolution would 1,ao.e to be ressed by the City Coevission declaring the City's poli.:y with respect to "i1cst-source" employment agreements. trie substantive and c"mprehensive provisions, including _mph :renting aspects, o' such en OCOtf 30!ni c del. _ ;opMer.: Policy should be addressed ir• the form o.. an c-dinance if it ,ill„jeoh _ viyPj�',.he io__ cce and e:._eCt o�a , According to the latest of Labor Statistics preliminary indications U.S. Decartment Report (:%pril are that the C Labor bureau 195,( ? " the Of Portland U Vay 16. ltix`es 1►. pawkina n$e 3 City ft"ibbioner as of rebruary• 1994 had an un"Ploy'"nt E th. M &nd the CitY at Mi"" 6.5l. 2n comparison. &nd p,,tland show a eecline i tv#e arGm¢21%`Y' statisr.ics from February, epectively. Miami doesd1 The City of reement plan.00rhave any similar tplar employment ag effect. j,jzpp.Jtj9W AND APPROVED BY s Ir �--- lI � ep,jt'ynC i 7ntt'ornaY �" JGP/AQJ/wpc/ab/132 ccz Honorable Mayor and Other Members of the Ci-y Commission Howard V. Gary, City manacer