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(A) The Commission shall determine compliance with the Boston Residents Jobs Policy standards and the compliance standards listed in Subsection 8-9.3. The Commission shall gather and receive compliance information, investigate non-compliance complaints and make compliance determinations.
(B) The Commission shall have the power to impose sanctions upon developers, general contractors/construction managers and subcontractors found to be in non-compliance with this Section. Sanctions may be imposed by a majority vote of the members of the Commission present. Developers may be fined for violations of the Ordinance by general contractors/construction managers and subcontractors on their projects.
(1) For city-funded projects, penalties and fines may include:
(a) Fines to a maximum of $300 for each violation. A violation occurs where a general contractor/construction manager or subcontractor has not complied with this Section. Each day of noncompliance will be considered a separate violation; and
(b) Creation of a record of non-compliance with city policy that may be considered when awarding future construction contracts on city-funded projects.
(2) For Major Development Projects, penalties and fines may include:
(a) Fines to a maximum of $300 for each violation. A violation occurs where a developer, general contractor/construction manager or subcontractor has not complied with this Section or analogous provision of any agreement with the Boston Planning and Development Agency. Each day of noncompliance will be considered a separate violation; or
(b) Creation of a record of non-compliance with city policy that may be considered when awarding future construction contracts on city-funded projects.
(C) The city may suspend the work of, or payments to, general contractors/construction managers who violate this Section on city-funded projects, until compliance is obtained, and may terminate their contract after repeated violations.
(D) General contractors/construction managers and selected subcontractors will be required to make periodic appearances before the Commission to review and provide updates on projects. Appearing parties should bring all documentation of compliance. The assigned compliance monitor will prepare and present a report regarding the following:
(1) Statistics for top five trades and subcontractors;
(2) Average payroll submission time;
(3) Project work hours completed by Boston Residents, people of color and women; and
(4) Compliance with steps listed in Subsection 8-9.3(A)(2).
(E) Any party may appeal a vote to issue a fine under this Section for reconsideration by the Commission. Such appeal must be made in writing and must include a memorandum of no more than five pages explaining the reasons why the Commission’s decision should be reversed. Such appeal must be received by the Commission within 30 days of the hearing date at which the fine was ordered. Upon receipt of a timely appeal, the Commission must schedule the appeal for a hearing and send notice of the same to the appealing party and the assigned compliance monitor. At the hearing, the appealing party and the assigned compliance monitor may present additional relevant evidence. At the conclusion of the hearing, the Commission shall determine whether to vacate its initial findings based on the evidence presented on appeal.
(CBC 1985 8-9.8; Ord. 2017 c. 1 § 6)
Each year in April and October, the Boston City Council will hold a hearing to review the work of the Boston Employment Commission during the preceding six months based on a report that itemizes the number of compliance determinations, the number of developers, general contractors/construction managers and subcontractors determined to be out of compliance; the number of sanctions levied; the amount of the sanctions levied; the number of sanctions received by developers and general contractors/construction managers and subcontractors in each of the 22 trades; the total number of work hours, trade by trade; and the percentage of total hours, trade by trade performed by Boston workers, people of color and women during the preceding six months. The Boston Employment Commission will also provide data and information that will enable the Boston City Council to make a recommendation as to whether the goals for people of color or female worker hours should be raised.
(CBC 1985 8-9.9; Ord. 2017 c. 1 § 6)
This Policy does not limit contractors’ or subcontractors’ ability to assess qualifications of prospective workers, and to make final hiring and retention decisions. No provision of this Policy shall be interpreted so as to require a contractor or subcontractor to employ a worker not qualified for the position in question, or to employ any particular worker.
(CBC 1985 8-9.10; Ord. 2017 c. 1 § 6)
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