The City of New Orleans adopted a new ordinance entitled, “HireNOLA.” The ordinance applies to any contract to which the City is a party for construction, alteration or demolition of public buildings or public works in excess of $150,000.00 executed on or after the ordinance becomes effective. It applies not only to the City, but all of its boards, commissions, and public benefit corporations. Under the ordinance, prime contractors and their subcontractors are required to make good faith efforts to achieve specified percentages of work hours performed on covered projects by Local Workers, Disadvantaged Local Workers, and Louisiana Apprentices who are Disadvantaged Local Workers. The goals are as follows:
|Year Effective Date That Contract is Advertised for Bid||Participation Goals (in %)
Local Workers/Disadvantaged Local Workers/Louisiana Apprentices Who Are Disadvantaged Local Workers
The term Disadvantaged Local Worker is defined in the ordinance. It means a local worker, i.e., any person domiciled in Orleans Parish, who (i) at the time of commencing work on a covered project has a household income equal to or less than 50% of area median income, adjusted for household size, of the New Orleans-Metairie-Kenner Metropolitan Statistical Area, or (ii) faces at least one of the following barriers to employment: (1) is eligible to receive public assistance; (2) suffering from chronic unemployment; (3) being custodial single parent; (4) having a prior arrest or conviction; (5) being homeless; (6) having been emancipated from the foster care system; or (7) being a veteran of the U.S. Military.
The City is not to enter into an applicable contract that is not supported by documentation establishing that the prime contractor has met the local hiring goal or commits to demonstrating good faith efforts to meet the goals, and commits to implementing the First Source provisions of the ordinance. The First Source provisions require that contractors and subcontractors utilize the City as its first source for recruitment, referral and placement of all new hires for employment opportunities created by an applicable contract. They must notify the City of their specific needs for new employees through the use of a specified form, at least five business days before advertising the employment opportunity to the general public.
The City has discretion to provide a waiver of specific local participation goals either at the request for proposal or bid stage or after award of the contract if the contractor can establish that despite its best efforts, it is determined by the City, the contractor was unable to meet the local hiring participation goals established. The Office of Work Force Development, or its successor, shall have primary responsibility for general oversight, administration, compliance, monitoring and enforcement of the ordinance, and shall provide employee recruitment, referral and placement services to contractors. Further, the Office of Work Force Development shall promulgate rules and regulations with respect to the ordinance and other rules and regulations as may be necessary for implementing and carrying out its provisions. The program shall become effective upon the promulgation of the rules and regulations. Ordinance, City of New Orleans, Mayor Council Series No. 26607, Calendar No. 30,925.