[HISTORY: Adopted by the Legislature of the County of Putnam 10-27-2022 by L.L. No.
14-2022. Amendments noted where applicable.]
This chapter may be cited as "The Putnam County Workforce Development
Diversification New York State Certified Worker Training Program."
The County of Putnam hereby establishes a policy to promote
apprenticeship training and the Putnam County Legislature hereby finds,
declares and determines that:
A.
New York Labor Law Section 816-b specifically authorizes this chapter.
B.
There has been a long and productive history of partnership between
labor and management in the training of workers in New York State.
C.
New York State Certified Worker Training Programs are valuable educational
and training tools for the local workforce by reducing reliance on
out-of-area labor for construction projects.
D.
New York State Certified Worker Training Programs provide opportunities
for residents in this area through training and education for skilled
jobs.
E.
These skilled jobs allow us to reinvest our taxpayer dollars spent
on local construction projects so that local workers and local tax
dollars remain within the local community.
F.
It would be valuable to encourage labor and business/industry to
participate in New York State Certified Worker Training Programs to
meet the increased need for trade persons while providing residents
the means to earn a better living and fostering the local and regional
economies.
G.
It is valuable for local government to encourage broad participation
in such New York State Certified Worker Training Programs by the residents
of Putnam County and to foster the equal opportunity of men and women
of all races and backgrounds to participate in order to enhance workforce
development and diversification, and to prevent exclusionary practices
which have historically excluded women and minorities.
H.
The New York State Department of Labor sets objective standards and
provides oversight for New York State Certified Worker Training Programs.
These programs are important because they require on-the-job training
and classroom training, and provide objective industry standards.
In effect, these programs lead to a standardized, cost-effective and
skilled local workforce.
I.
Nothing in this chapter should be construed to abrogate the obligations
of Putnam County with respect to its MBE/WBE requirements.
As used in this chapter, the following terms shall have the
meaning indicated:
An individual written agreement between an employer and an
apprentice, or (2) a written agreement between an employer or an association
of employers, and an organization of employees describing conditions
of employment for an apprentice or (3) a written statement describing
conditions of employment for apprentices in a plant or plants where
there is no bona fide employee organization.[1]
A "construction contract" in excess of $350,000, in the aggregate,
as the term "construction contract" is defined in § 816-b
of the Labor Law,[2] where the County Executive is the signatory on behalf
of the County of Putnam. It shall not, however, mean a "construction
contract" as defined in § 816-b of the Labor Law where the
County of Putnam is one governmental entity which is bound to a contract
but another governmental entity is also a signatory to the contract
or to an intermunicipal agreement relating to the contract in the
case of a jointly developed building, facility, or physical structure
unless such other entity agrees to be bound by the provisions of this
law or has an identical law or one reasonably similar, in the reasonable
judgment of the County Attorney, to require the provisions of this
law to be implemented. Further, a contract or subcontract for paving,
land clearing, or security services are not construction contracts
and shall not be included in the aggregate value of the contract.
A contractor or subcontractor which directly employs labor
under a construction contract for which an apprenticeship program
has been approved by the New York State Commissioner of Labor in accordance
with Article 23 of the New York Labor Law.
[1]
For reference only: This definition is taken directly from
Section 816 of the Labor Law.
[2]
For reference only: Section 816-b of the New York Labor Law
defines "construction contract" as meaning any contract to which a
governmental entity may be a direct or indirect party which involves
the design, construction, reconstruction, improvement, rehabilitation,
maintenance, repair, furnishing, equipping of or otherwise providing
for any building, facility or physical structure of any kind.
A.
The County of Putnam hereby requires any contractor, prior to entering
into a Construction Contract with the County of Putnam, or any subcontractor
entering into a contract with a contractor who has a construction
contract with the County of Putnam, to have apprenticeship agreements
appropriate for the type and scope of work to be performed, which
have been registered with, and approved by, the New York State Commissioner
of Labor in accordance with Article 23 of New York Labor Law.[1] Such apprenticeship program must have a graduation rate
of at least 30% as determined by the New York State Department of
Labor.
[1]
For reference only: While generally municipal bidding must
be done in accordance with Section 103 of the General Municipal Law,
Article 23 of the Labor Law (specifically Section 816-b(2)), provides
that a construction contract entered into pursuant to Article 23 can
be made notwithstanding the provisions of Section 103 of the General
Municipal Law, Section 135 of the state Finance Law or Section 151
of the Public Housing Law.
B.
This chapter shall not apply:
(1)
Where a specific trade has not been included among the list of trades
maintained by the New York State Commissioner of Labor available for
such apprenticeship agreements at the time of opening of bids for
the construction contract project.
(2)
To any construction contracts utilizing federal, state, County or
other funding assistance to the extent such funding assistance precludes
application of this chapter.
The Director of Purchasing is hereby authorized, empowered and
directed to promulgate and, from time to time amend, such rules and
regulations that he deems necessary for the implementation and enforcement
of any provisions of this chapter. However, this local law shall not
preclude the Director of Purchasing, along with the Putnam County
Attorney, from negotiating such terms and conditions with the construction
contract contractor to assure a sufficient labor workforce on the
job so as not to delay timely completion of the construction contract
project.
In any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof, to any person, individual,
corporation, firm, partnership, entity or circumstance, shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraphs, subdivisions, section or part of this chapter
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance, directly involved in the controversy
in which such judgement or order shall be rendered.
This chapter shall apply to construction contracts advertised
for bids on or after the effective date.
This chapter shall become effective 90 days after its filing
in the office of the Secretary of the State pursuant to Municipal
Home Rule Law, provided, however, that any regulations of the Director
of Purchasing may be promulgated prior to the effective date of this
chapter.
