For the purpose of this chapter, the words and phrases defined in the section hereunder shall have the meanings respectively ascribed to them, unless a different meaning is clearly indicated by the context.
(a) "Adverse Determination" means a determination that a person has committed wage theft or payroll fraud. Such determination includes an administrative determination, arbitration award or decision, or civil judgment, including any determination made in or through an administrative hearing, any government body, or industry-specific regulatory or investigative body.
(b) "Agreement" means any contract entered into between the City and a person under which the City provides an incentive or benefit that is projected to exceed $25,000, including but not limited to the following:
(1) Tax abatements or credits;
(2) Tax increment financing contract or agreement;
(3) Any commercial loan, provided by or backed by the City; or
(4) Any conveyance of land for less than fair market value.
The City's construction, expansion or modification of a public infrastructure improvement benefiting a project shall not be included in calculating the total value of an economic incentive or benefit for purposes of this definition.
(c) “Contractor” means the individual, partnership, corporation, association or other entity that is leading the construction of provision or goods or services on a development site on behalf of a person.
(d) “Complaint” means a report made to the City or any governmental agency having relevant jurisdiction that a person has committed wage theft or payroll fraud. A complaint may be such a report submitted to the U.S. Department of Labor, the Ohio Department of Commerce, or another body with authority to investigate and adjudicate such reports, which comes to the attention of the City. If a report is made directly to the City and not to another agency, it must include the following information in order to be considered a valid complaint: name of the person who has allegedly committed the theft or fraud; the project during which or the agreement under which that person is alleged to have committed the theft or fraud; a description of the theft or fraud suspected to have been committed; the name of the complainant; and the name of at least one witness or victim of the theft or fraud, which person may be the complainant.
(e) “Development Site” means the property that is the subject of an agreement or on which a contractual undertaking is to be performed.
(f) “Payroll Fraud” means concealing a person’s true tax or other financial liability to a government agency from government licensing, regulatory, or tax agencies through tax evasion or fraud; misclassification of employees; the unreported or underreported payment of wages; paying a business transaction in cash without keeping appropriate records of reporting and withholding; or any other means.
(g) “Person” means any individual, partnership, corporation, firm, trust, association or other business entity that enters into an agreement with the City.
(h) “Subcontractor” means any person who enters into a contract with a contractor to perform work on a development site or work pursuant to, related to, or in furtherance of an agreement.
(i) “Wage Theft” means a violation of the Ohio Prompt Pay Statute, Ohio R.C. 4113.15; the Ohio Minimum Fair Wage Standards Act, Ohio R.C. Chapter 4111; Ohio’s Minimum Wage Constitutional Amendment, Section 34a of Article II of the Ohio Constitution; Ohio R.C. Chapters 4109 or 4115; Ohio R.C. 4113.17, 4113.18, 4113.52, or 4113.61; any federal statute or regulation comparable to the aforementioned Ohio statutes; any statute or regulation of another state that may apply to a particular agreement; or any successor to any of these laws or regulations.
(Ord. 2016-32. Passed 12-12-16.)