HomeMy WebLinkAbout08-31-11 City Administration Committee Meeting AgendaCITY ADMINISTRATION COMMITTEE
Wednesday, August 31, 2011
7:00 PM
COMMON COUNCIL CHAMBERS
AGENDA
1. Chairperson Greeting & Opening Statement
2. Announcements
3. Agenda Review and Amendments
4. Approval of Minutes
5. Statements from the Public
6. Employee Comments
7. Common Council Response
8. Workforce Diversity Committee
9. Safety Committee
10. Diversity Actions Report
Police Department – August
Clerk’s Office - September
Chamberlain’s Office – October
11. Mayor’s 2012 Budget Updates
12. City Chamberlain
12.1 Request for Waiver of Penalty Fee – Resolution
13. Planning and Development
13.1 Amendment to Personnel Roster - Planning Department – Resolution
14. Common Council
14.1 Suggested City of Ithaca Policy Statement on Sweatshop-Free Procurement of Apparel
and Textiles – Resolution
14.2 Authorization of Membership by the City of Ithaca to the Sweat-free Purchasing
Consortium in Furtherance of the City’s Commitment to its Policy on Sweatshop-Free
Procurement of Apparel and Textiles – Resolution
14.3 Suggested Resolution Amending and Adding an Addendum to the City of Ithaca
Purchasing Policy - Resolution
14.4 Suggested ordinance amending Chapter 39 (“Contracts”) of the Municipal Code of the
City of Ithaca - Ordinance
15. Human Resources
15.1 Director’s Report
16. Finance/Controller’s Office
16.1 Request to Approve Civil Service Agreement for year 2011-2012 - Resolution
16.2 Controller’s Report
17. Reports
17.1 Mayor’s Report
17.2 Sub-Committee Updates
17.3 Council Members’ Announcements
17.4 Next Month’s Meeting: September 28, 2011
WORKFORCE DIVERSITY PLAN SUMMARY
1. Attribute: Established Foundation for Diversity and Inclusiveness: Speaks to the
City’s obligation and commitment to equal opportunity and non-discrimination in
employment.
2. Attribute: Demonstrated Commitment to Diversity and Inclusiveness: The City’s
commitment to reflect the diversity of its community.
3. Attribute: Holistic View of City of Ithaca Community Members: To recognize the
employees need to balance responsibilities at work and outside of work.
4. Attribute: Accommodation for Individuals with Disabilities: The City’s
commitment to non-discrimination against individuals with disabilities.
5. Attribute: Recognition of Organizational Culture and Process: The City’s
commitment to its mission.
6. Attribute: Development and Implementation of Programs to Promote Diversity
and Inclusion: Recruitment of a diverse workforce.
7. Attribute: Demonstrated Commitment to Continuous Learning: Education and
training programs to build effective working relationships.
8. Attribute: Access to Opportunity/Succession Planning: Recognition of the need of
employees to grow personally and professionally.
9. Attribute: Systems of Recognition, Acknowledgement, and Reward: Recognition
of employees.
10. Attribute: Shared Accountability and Responsibility for City of Ithaca’s Mission:
Ensure that employees are aware of the City of Ithaca’s mission.
11. Attribute: Commitment to Community Partnerships: Community outreach and
alliance building.
12. Attribute: Collaborative Conflict Resolution Processes: The City’s systems for
addressing workplace concerns.
13. Attribute: Participatory Work Organization and Processes: Encouragement of
teamwork.
14. Attribute: Communication and Information Sharing: Establishment of
communication strategies.
Dated: 11/21/03
Adopted: July 7, 2004
Workforce Diversity Plan Attributes
1. Attribute: Established Foundation for Diversity and Inclusiveness
Explanation: The City of Ithaca has a goal to reflect what Roosevelt Thomas, Jr. defines as
attribute diversity1: different personal characteristics such as race, sex, national origin,
religion, sexual orientation, and disability status throughout all departments, and at all levels of
the City of Ithaca. The City of Ithaca recognizes that an effective and successful diversity and
inclusiveness initiative includes established equal opportunity and affirmative action programs
to ensure equal access to opportunity in employment.
The City of Ithaca's senior staff recognizes that its equal opportunity practices for employment
must include well defined, effectively enforced, and well communicated policies of non-
discrimination and harassment and sound complaint procedures for addressing discrimination
issues, including the use of prompt and appropriate corrective/disciplinary measures to
address instances of discrimination. The City of Ithaca’s equal opportunity practices are based
on obligations created by current legal requirements, such as Executive Order 11246, the
Vietnam Era Veterans Readjustment Act, and the Rehabilitation Act. These regulations
provide that the City employ effective affirmative action principles in its employment practices,
including hiring and promoting women and minorities .2 These principles include completion of
an annual Workforce Diversity Progress Report and the semi-annual Equal Employment
Opportunity-4 reports for the employment of women, underrepresented groups, individuals with
disabilities, and veterans; communication of the annual goals to all individuals involved in
hiring/promotion activities; regularly monitoring the progress of achieving diversity goals, and
the active recruitment of employees and volunteers consistent with our commitment to
diversity.
The Mayor has reaffirmed the City of Ithaca’s commitment to diversity in employment and
services: {recent statement, then annual statement hereafter}
The City of Ithaca’s senior management also recognizes the need to carry out regular training
for supervisory and non-supervisory staff on equal opportunity, disability and religion
accommodation, and workforce diversity issues. Success in this area will contribute to role
modeling and mentoring that will create a dynamic and engaging environment.
Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall be
charged with implementing regular training for supervisory and non-supervisory staff on equal
opportunity, disability and religious accommodation, and work place diversity issues.
2. Attribute: Demonstrated Commitment to Diversity and Inclusiveness
Explanation: The goal is for City of Ithaca employees and volunteers to value different
personal characteristics such as race, sex, national origin, religion, sexual orientation, and
disability status across all formal and informal organizations, to recognize and respond
1The term “minority” is based on the language used by the federal government in its equal opportunity and
affirmative action regulations.
2 The term “attribute diversity” is used by Roosevelt Thomas in his book’ Building a House for Diversity.
City of Ithaca Workforce Diversity Plan
Diversity Plan Attributes
Page 2
Adopted: July 7, 2004
effectively to differences, and to identify and remove systemic and historical barriers to the
goal of diversity.
Plan 1: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
act affirmatively with regard to recruitment and retention of employees and volunteers from
diverse backgrounds.
Plan 2: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
make good faith efforts to review and implement programming that is necessary to ensure that
individuals from different religious backgrounds are included within the work environment.
Plan 3: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
encourage diversity in the recruitment, interview and selection process.
3. Attribute: Holistic View of City of Ithaca Community Members
Explanation: The City of Ithaca desires that all employees and volunteers are viewed and
respected as whole persons with identities and lives that extend beyond employment.
Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall be
flexible within organizational culture and address work/life issues.
4. Attribute: Accommodation for Individuals with Disabilities
Explanation: The City of Ithaca recognizes that it is critical to actively recruit employees and
volunteers with disabilities and that disability status is not to be considered a factor in the
denial of employment. The City of Ithaca is committed to providing opportunities for individuals
with disabilities and recognizes the need for and benefit to offering effective adaptations in the
workplace to eliminate barriers to work performance and participation. Therefore, the City of
Ithaca recognizes the need to implement a clearly defined and communicated system for
addressing disability accommodations and for providing “user-friendly" documents for
individuals with disabilities, such as employment applications, recruitment materials, and other
official materials. The City of Ithaca also realizes the need to provide educational programs to
employees and volunteers that promote a better understanding of disability issues and to
provide an opportunity for employees and volunteers to learn communication modes or
languages that advance the inclusion of individuals with disabilities, such as use of TDD/TTY
or American Sign Language.
Plan 1: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
develop a clearly defined and communicated system for addressing accommodations for
individuals with disabilities.
Plan 2: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
implement training for the ADA Coordinators.
City of Ithaca Workforce Diversity Plan
Diversity Plan Attributes
Page 3
Adopted: July 7, 2004
Plan 3: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
develop training for department heads and implement guidelines for department heads to
address disability issues.
5. Attribute: Recognition of Organizational Culture and Process
Explanation: The City of Ithaca has established a vision for its desired organizational culture
and will continuously work to align this culture to support the organizational mission and values
and the diversity vision, including helping people with different views to cooperate together to
achieve these efforts. The City’s senior administration will regularly assess its culture and how
this culture impacts the City of Ithaca’s ability to achieve its mission and objectives, and to
provide guidance for the organizational behaviors and practices that enhance its values,
despite divergent perspectives. The goal is to encourage organizational norms and practices
that support collaboration, learning from differences, and incorporating the synthesis of
divergent perspectives in decision making. To achieve this goal, all employees and volunteers
commit to respect and carry out the organizational values through their behaviors and work
practices. This includes seeking to develop leadership capability at all organizational levels to
promote and reinforce these expectations, providing formal opportunities such as meetings
and informational sessions to allow every member of the City workforce to learn about and to
appreciate stated values and expected behaviors as shared in relevant documents. The City
also desires to provide networking opportunities that enable members of the workforce to
engage in mutually beneficial, continuous learning regarding their own identities, worldviews,
and life experiences and the impact of these on the culture of the organization.
Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
develop systems (policies, procedures, rules, regulations, laws, etc.) that are aligned with City
statements (i.e. Diversity Statement, Vision/Mission/Values Statement, etc.)
6. Attribute: Development and Implementation of Programs to Promote Diversity and
Inclusion
Explanation: The City of Ithaca recognizes that there is benefit to having a workforce that
includes broad based diversity attributes, including race, ethnicity, gender, age, disability
status, sexual orientation including bisexual employees, veteran status, ex-offender status, as
well as other bases both protected by federal and local law and generally represented in the
community external to the City. Therefore, the goal is for the Human Resources Department
to work with the departments to develop strategic recruitment plans to aggressively increase
the representation of Asian/Pacific Islander, Black, Hispanic and Native American employees.
The City also aims to expand the representation of women in non-traditional positions and to
increase outreach to individuals who are veterans, people with disabilities, gay/lesbian,
bisexual, transgender and individuals of different religious backgrounds throughout the City of
Ithaca.
City of Ithaca Workforce Diversity Plan
Diversity Plan Attributes
Page 4
Adopted: July 7, 2004
Plan 1: Human Resource personnel would develop relationships with organizations on a local
and national level addressing the employment needs of these groups to use as recruitment
resources.
Plan 2: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
participate in organizations that support employment interest of individuals of diverse
backgrounds or organizations that are committed to increasing diversity in the community.
7. Attribute: Demonstrated Commitment to Continuous Learning
Explanation: The City of Ithaca recognizes the need to create a flexible organizational culture
that prioritizes continuous, collaborative, cross-organizational learning. This goal needs to
include effective and ongoing formal and informal educational programs for employees on
issues of discrimination, harassment, and conflict resolution/problem solving. The educational
program should also include skills development programs through mentoring, newsletters,
networking, and community service. The City’s goal is to employ both a participatory decision-
making process that reflects the value of the input and expertise of employees and an
established system for reflecting upon and learning from positive and negative experiences
and translating this learning into action.
Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
dedicate the resources, create an inclusive environment and develop programs designed to
retain diverse hires and incorporate diversity education into all levels of training.
8. Attribute: Access to Opportunity/Succession Planning
Explanation: The City of Ithaca is committed to creating a professionally nurturing environment
in which employees have access to opportunities for personal and professional growth. The
City of Ithaca recognizes the need to develop and implement formal and informal coaching and
mentoring programs for its employees. To promote an environment for professional growth, all
staff needs annual performance reviews. This involves developing performance evaluation
criteria for individuals in supervisory roles that include advancement or career development
and demographic tracking of promotions within that supervisory responsibility. This
environment includes holding supervisors and other City of Ithaca leaders, who have
responsibility for performance, achievement and succession planning within their groups,
accountable for professional development.
Plan: Each department shall develop annual organizational goals consistent with the mission
and goals of the City.
9. Attribute: Systems of Recognition, Acknowledgement, and Reward
Explanation: The City of Ithaca understands the need to recognize and reward diverse
contributions and achievements of all staff and to evaluate, recognize and reward diverse
forms of work excellence and achievements and to emphasize accountability of those who
City of Ithaca Workforce Diversity Plan
Diversity Plan Attributes
Page 5
Adopted: July 7, 2004
assess the achievement. This recognition system needs to provide a variety of intrinsic and
extrinsic benefits.
Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall 1)
establish an annual formal performance evaluation/feedback tool that uses commitment to
diversity as a competency for evaluation; 2) highlight and publicly acknowledge behaviors in
newsletters and at council meetings and exemplify an appreciation for and a commitment to a
diverse and inclusive workforce, and exhibits an ability to enable each individual to add value
from her/his diverse experiences and backgrounds while maximizing their potential; 3) develop
a city-wide incentive program to support diversity related initiatives in the community (i.e. First
Fridays, Diversity Consortium).
10. Attribute: Shared Accountability and Responsibility for City of Ithaca’s Mission
Explanation: The City of Ithaca recognizes that staff must share responsibility for upholding
organizational values and achieving clear organizational goals and objectives in a mutually
respectful work and educational environment. Achieving success in creating a diverse and
inclusive work environment rests with all City employees. Therefore, the City of Ithaca desires
to provide orientation for all new employees to explicitly describe organizational goals and
values, and describe and define the organizational institutional statement on diversity and
inclusiveness. This orientation is not limited to full time employees but extends to temporary
employees, elected officials and volunteers. In addition, customers and clients, business
partners, vendors, suppliers, subcontractors, and visitors will be advised of the City’s
commitment to diversity and inclusiveness.
Plan 1: The Diversity Plan component will be added to the new employee orientation program.
Plan 2: The Mayor will reaffirm the City’s commitment to diversity on an annual basis.
Plan 3: As strategic plans are developed, one part of the plan would include how departments
will meet the overall diversity goals.
11. Attribute: Commitment to Community Partnerships
Explanation: The City of Ithaca recognizes the need to function as a responsible citizen and
neighbor by forging constructive alliances with local colleges/universities, businesses,
neighboring municipalities, schools, and community-based associations, expanding outreach
to diverse communities, widening opportunities, enhancing access and promoting
understanding to overcome bias and discrimination, and fostering principles of diversity and
inclusion.
Plan 1: The City of Ithaca will continue to have a representative serve on the Diversity
Consortium.
City of Ithaca Workforce Diversity Plan
Diversity Plan Attributes
Page 6
Adopted: July 7, 2004
Plan 2: The City will partner with community agencies that support and serve the needs and
interest of individuals from diverse backgrounds.
Plan 3: The City will ensure that, when possible, information is presented in a way to
accommodate different languages and different abilities.
Plan 4: The Mayor and Common Council will monitor policies and decisions to ensure
alignment with the City’s Diversity Statement.
Plan 5: Official documentation will follow National Braille Association’s recommendation.
Plan 6: The Mayor will issue a proclamation declaring support for the diversity months.
12. Attribute: Collaborative Conflict Resolution Processes
Explanation: The City of Ithaca recognizes the need for a progressive conflict resolution
procedure that empowers all employees at all levels, and across all departments to work
collaboratively to solve problems, to resolve interpersonal conflicts, and to achieve mutually
satisfying dispute resolutions. The City of Ithaca ’s goal is to establish a system of progressive
conflict resolution procedures that begins with collaborative problem solving, encourages
exploration of issues from multiple points of view, and culminates in a clear and accessible
grievance process.
Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
conduct training on conflict resolution and make it available for all City employees.
13. Attribute: Participatory Work Organization and Processes
Explanation: Work is completed in a collaborative environment where all individuals are
expected to contribute. All those with supervisory responsibilities shall encourage team
involvement.
Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall
provide training, including but not limited to, team building skills, project management skills,
dealing with conflict, etc.
14. Attribute: Communication and Information Sharing
Explanation: The City of Ithaca supports the need for systems of communication and
information flow in all directions and across all levels of responsibility for all employees,
including encouraging input into City of Ithaca policies. Once decisions have been made, the
policy decisions will be communicated clearly to the City of Ithaca workforce and community.
This communication includes informing employees of organizational goals, operating
environments, and expected performance outcomes.
City of Ithaca Workforce Diversity Plan
Diversity Plan Attributes
Page 7
Adopted: July 7, 2004
Plan 1: On an annual basis, all those with supervisory responsibilities will at a minimum
provide feedback to individuals on their strengths and developmental needs and share
department goals and objectives.
Plan 2: The City of Ithaca’s Mayor, Common Council, its officers and department heads will
implement the City-wide communications strategy that will take into account diversity.
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12. Chamberlain’s Office
.1 Request for Waiver of Penalty
WHEREAS, Common Council established guidelines for the waiver of penalty on taxes to assist
in consistency when considering requests, and
WHEREAS, the owner of 940 E. State Street has requested a waiver and refund of the penalty
collected by the City of Ithaca on 2011 City and Tompkins County taxes, and
WHEREAS, the circumstances leading to his request do not fit the guidelines allowing waiver of
penalty, now therefore be it
RESOLVED, That the request to refund paid penalty is denied.
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6/13/2001 City of Ithaca
GCP Minute Manager
21. Budget and Administration Committee:
1.1 Chamberlain – Approval of Guidelines for Waiving of Penalty on Taxes
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the City Chamberlain is recommending that guidelines be established to
pre-qualify tax penalty waiver requests to streamline the waiver of penalty-on-taxes
procedure, and
WHEREAS, the pre-qualification process would involve the City Chamberlain’s
determination of tax penalty waiver granted or denied based on the established
guidelines, with approved requests then submitted to Council for final approval; now,
therefore, be it
RESOLVED, That after a review of said procedures, Common Council hereby
establishes and approves the following guidelines for waiving of penalty on taxes to be
used by the City Chamberlain for pre-qualification of said requests:
The City Chamberlain shall review each request for waiver of penalty on taxes and
approve or deny the request based on the following:
1. The City portion of penalties on Ithaca City School District, Tompkins County and
City of Ithaca taxes may be waived if:
A. The owner can provide evidence that a check was issued during the penalty free
period, but the check was apparently lost in the mail. Such proof might consist of bank
statements, showing checks numbered within the range of the check in question
clearing the bank during the penalty free period or shortly after, a copy of the check or a
receipt for mailing;
B. The owner dies during the penalty free period;
C. The owner was hospitalized during the penalty free period, and such hospitalization
is not chronic.
4. Penalties will not be waived if:
A. The owner claims the bill or bills were not received;
B. The postmark applied by the post office on the payment envelope is after the penalty
free period.
After determination of waiver has been made, approved requests shall be sent to the
Budget & Administration Committee and Common Council for final approval.
Discussion followed on the floor regarding the appeal process when the Chamberlain
denies a request.
A vote on the Resolution resulted as follows:
Carried Unanimously
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13. Planning and Development
.1 Amendment to Personnel Roster - Planning Department
WHEREAS, the position of Historic Preservation and Neighborhood Planner recently became
vacant due to a retirement, and
WHEREAS, due to fiscal constraints, the Vacancy Review Committee only authorized this
position to be filled on a part-time basis, now, therefore, be it
RESOLVED, That the workweek of the position of Historic Preservation and Neighborhood
Planner is hereby reduced from thirty-five (35) hours/week to twenty (20) hours/week, effective
September 6, 2011.
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14. Common Council
.1 Suggested City of Ithaca Policy Statement on Sweatshop-Free Procurement of Apparel
and Textiles
WHEREAS, the City of Ithaca endorses efforts to improve working conditions and to eliminate
illegal and exploitative employment practices, such as the operation of “sweatshops,” and
WHEREAS, the City of Ithaca is entrusted with assuring the prudent and economical use of
public money in the best interest of the taxpayers and facilitating the acquisition of quality goods
at the lowest reasonable cost under the circumstances and to guard against favoritism,
improvidence, extravagance, fraud and corruption, and
WHEREAS, the City of Ithaca affirms that the manufacture of apparel and textiles in violation of
reasonable labor or human rights standards is an improvident, fraudulent, and corrupt practice,
and purchase of such goods is not a prudent or economical use of public money, and
WHEREAS, informed purchases of apparel and textiles manufactured in compliance with labor
and human rights standards helps the City to fulfill its duties to use public money in the best
interest of the taxpayer, to acquire quality goods at the lowest responsible cost, and to guard
against favoritism, improvidence, extravagance, fraud and corruption, and
WHEREAS, the City of Ithaca recognizes that the violation of labor or human rights standards in
the garment industry, whether in the United States or internationally, is not “responsible,” as that
term is intended when applied to the selection of the “lowest responsible bidder” for a contract
with the City, and
WHEREAS, the State of New York gives local governments the authority to enact local laws,
ordinances, regulations and policies not inconsistent with the provisions of the State constitution
or any general law, pursuant to which authority the City of Ithaca may reasonably define what
constitutes a responsible bidder, and may investigate a bidder’s skill, judgment, and integrity in
considering whether that bidder is in fact a responsible bidder, and
WHEREAS, in its role as a market participant, the City of Ithaca seeks to assure that the integrity
of the procurement process is not undermined by contractors or subcontractors who engage in or
benefit from sweatshop practices, as such contractors are able to underbid responsible
contractors who pay fair wages and maintain humane work environments and conditions, which
practice places responsible contractors at a competitive disadvantage and may even dissuade
them from participating in the City’s procurement process, and
WHEREAS, the City of Ithaca, as a market participant, also seeks to protect the interests of local
residents, workers, and businesses, while respecting internationally-shared concerns about
human rights and workers’ labor rights, by exercising its home rule powers to establish a
sweatshop-free procurement policy statement so as to ensure that textiles and items of apparel
(such as uniforms) procured by the City of Ithaca are produced in workplaces free of sweatshop
conditions; now therefore be it
RESOLVED, That, for the reasons set forth above, the Common Council of the City of Ithaca
hereby adopts the following City Policy Statement on Sweatshop-Free Procurement of Apparel
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and Textiles, and declares its intention to modify existing City policies and ordinances and to
take other steps, as needed, to reflect and support the adoption of this position:
Effective January 1, 2012, the City of Ithaca and every department and division within the
City government shall take all steps within its authority to ensure that, whenever possible, City
purchases of apparel or textiles, in excess of $1,000, are from contractors or suppliers confirmed
to be “sweatshop-free” – i.e., whose products are confirmed by a credible, independent source to
be manufactured or assembled without violating the wage and hour, labor, safety, health,
environmental, building, fire, or anti-discrimination laws, rules, codes, regulations or standards
that are applicable in the country of manufacture or assembly, or that are contained in the
International Labour Organization (ILO) Core International Labour Standards (whichever is
stricter).
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14. Common Council
.2 A resolution authorizing enrollment by the City of Ithaca in the Sweatfree Purchasing
Consortium.
WHEREAS, the Common Council of the City of Ithaca has on this date, by resolution, adopted a
City Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles, and
WHEREAS, in said resolution, the Council declared its intention to modify existing City policies
and ordinances and to take other steps, as needed, in order to implement its Sweatshop-Free
position, and
WHEREAS, the Sweatfree Purchasing Consortium is organized for educational and charitable
purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, for the purpose
of assisting public officials and others who seek to ensure that taxpayer dollars are not spent on
products made in sweatshops; and the Consortium serves as a coordinating body and resource
center for public entities and other organizations that share this goal, by sharing information and
providing a forum for collaboration in improving the economy and efficiency of procurement
policies designed to eliminate sweatshop labor from supply chains, and
WHEREAS, as a member of the Sweatfree Purchasing Consortium, the City of Ithaca will utilize
and refer to the resources of the Consortium and its other members, to assist prospective bidders
that are seeking a contract to supply apparel or textiles to the City, and/or may ask the
Consortium to perform a preliminary verification of the bidder’s sweatshop-free status; now
therefore be it
RESOLVED, That the Common Council hereby authorizes the Mayor to enroll the City of
Ithaca in the Sweatfree Purchasing Consortium, as a member city, to pay the annual dues
therefore, and to participate in the Consortium’s annual membership meetings.
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14. Common Council
.3 Suggested Resolution Amending and Adding an Addendum to the City of Ithaca
Purchasing Policy.
WHEREAS, the Common Council of the City of Ithaca, has, on this date, adopted by resolution
a City of Ithaca Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles, and
WHEREAS, in said resolution, the Council declared its intention to modify existing City policies
and ordinances as needed, in order to implement its Sweatshop-Free position; now therefore be it
RESOLVED, That the City of Ithaca Purchasing Policy be amended as follows, effective
January 1, 2012:
(1) Paragraph 4(F) (entitled “AUTHORIZED LIMITS AND CONTROLS”) of the City of
Ithaca Purchasing Policy is hereby amended as follows:
F. Award will be made to the lowest responsible bidder. The term “responsible” means:
financially responsible; accountable; reliable; sufficient resources; skill; judgement
judgment; integrity; responsive; and moral worth. In deliberating the responsibility of a
bidder, contractor or a subcontractor, all contracting agencies shall give due consideration
to any credible evidence or reliable information regarding the guidelines set forth in
Chapter 39 of the City Code.
(2) The City of Ithaca Purchasing Policy is hereby amended so as to include the following as an
Addendum:
ADDENDUM: Policy on Sweatshop-Free Procurement of Apparel and Textiles
1. Any purchasing contract for the procurement of apparel or textiles shall comply
with all applicable federal, state, and local laws and regulations, including the
City of Ithaca Purchasing Policy and Chapter 39 of the Municipal Code of the
City of Ithaca.
2. To the extent allowed under General Municipal Law, Section 103, the City of
Ithaca and its departments shall only purchase apparel or textiles confirmed to be
sweat-shop free, as those terms are defined herein, unless:
a) The Controller certifies that no confirmed sweatshop-free apparel or
textiles are available and that the acquisition of the apparel or textiles
sought is essential or time-sensitive, the contracting agency may select a
supplier that is not confirmed to be sweatshop-free; or
b) The purchase of apparel or textiles is for less than $1,000.
3. For purposes of this Addendum, “sweatshop-free” shall refer to apparel or textiles
that are manufactured or assembled without violating laws, rules, codes,
regulations or standards regarding wage and hour, labor, safety, health,
environmental, building, fire, or anti-discrimination, that are applicable in the
country of manufacture or assembly, or that are contained in the ILO Core
International Labour Standards (whichever is stricter).
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4. Apparel or textiles may be confirmed to be sweatshop-free by:
a) Certification or otherwise credible data, information, or reports submitted
to the City Controller from the Sweatfree Purchasing Consortium or its
agency members;
b) Certification or otherwise credible data, information, or reports submitted
to the City Controller from another comparable independent monitoring
organization as selected by the Common Council or its members; or
c) Self-certification by affidavit of the supplier or vendor that the apparel or
textiles are sweatshop-free, provided that such certification is not
contradicted by credible information received by the City Controller.
5. As a member of the Sweatfree Purchasing Consortium, the City will receive
information from the Sweatfree Purchasing Consortium regarding manufacturers,
contractors, subcontractors, suppliers, or vendors found to have violated human
rights or labor standards. The City Controller shall advise Department Heads of
violation information from the Sweatfree Purchasing Consortium, and
Department Heads shall provide such information to all staff in a position to
purchase City-required apparel.
6. The City encourages its officials and staff to strive to uphold the standards of the
City Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles,
in making purchases of work-related apparel.
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14. Common Council
.4 Suggested ordinance amending Chapter 39 (“Contracts”) of the Municipal Code of the
City of Ithaca
WHEREAS, by resolution approved on ___________, 2011, the Common Council of the City of
Ithaca adopted a City Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles;
and
WHEREAS, in that resolution, the Council declared its intention to modify existing City policies
and ordinances as needed, in order to implement its Sweatshop-Free position; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
ORDINANCE NO. ________
Section 1. Chapter 39 (“Contracts”) of the Municipal Code of the City of Ithaca is hereby
amended as follows:
(1) Addition of the following as Subsection 39-2(A)(12):
(12) Noncompliance by any bidder proposing to supply apparel or textiles (or by any
subcontractor or supplier of that bidder) with any of the wage and hour, labor, safety,
health, environmental, building, fire, or anti-discrimination laws, rules, codes,
regulations or standards of the country of manufacture or assembly, or that are
contained in the International Labour Organization (ILO) Core Labour Standards
(whichever is stricter). Evidence of such noncompliance may include, but shall not be
limited to:
(a) citations or other evidence of employment-related violations of said laws,
rules, codes, regulations or standards;
(b) credible information or reports from the Sweatfree Purchasing Consortium or
its agency members submitted to the City Controller;
(c) credible information from interested third parties submitted to the City
Controller; or
(d) failure by the bidder or contractor to self-certify its compliance with
applicable laws, rules, codes, regulations or standards.
(2) Renumbering of the former subsections 39-2(A)(12) through 39-2(A)(14), so as to
maintain the proper numerical sequence.
(3) Insertion of the following new definitions into Section 39-3, in alphabetical order:
APPAREL OR TEXTILES
All articles of clothing, cloth or goods, produced by weaving, knitting, or felting,
or any similar goods.
SWEATSHOP-FREE
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Refers to a supplier of apparel or textiles that are manufactured and/or assembled
without violating the wage and hour, labor, safety, health, environmental,
building, fire, or anti-discrimination laws, rules, codes, regulations or standards
that are applicable in the country of manufacture or assembly, or that are
contained in the International Labour Organization (ILO) Core International
Labour Standards (whichever is stricter).
(4) Insertion of the following [underlined language] into Section 39-3, in Subsection “A”
(definition of “BIDDER, CONTRACTOR AND SUBCONTRACTOR”):
A. Any person or business entity submitting a competitive bid for, receiving the
award of, or submitted for approval as a subcontractor on a contract by any
one of the contracting agencies. A subcontractor on a contract for the purchase
of apparel or textiles shall also include any beneficiary of bankruptcy,
assignment, transfer, sale of operations, or other successorship intended to
evade liability or responsibility for assertions or certifications made in a bid
submitted to or contract with the City of Ithaca or a contracting agency.
(5) Modification of the definition of “CONTRACT,” in Section 39-3, as follows:
CONTRACT
Any purchasing, construction, or service contract, including those that are that is
required to be let by competitive bid to the lowest reasonable responsible bidder,
but not including the individual purchase of employment-related apparel or
textiles, e.g. uniforms, by and for individual employees of the City of Ithaca,
pursuant to the provisions of a collective bargaining agreement.
(6) Insertion of the following as Section 39-4:
§ 39-4 Administration and Enforcement of Sweatshop-Free Purchasing Policy
(A) Pursuant to the Policy Statement on Sweatshop-Free Procurement of Apparel
and Textiles, adopted by resolution of the Common Council on
, 2011, the City of Ithaca and its contracting agencies shall enter
into contracts to purchase or obtain for any purpose any apparel or textiles
only with those bidders confirmed to be sweatshop-free, as that term is
defined in this Chapter, except as set forth in subsection 39-4 (B), below, and
subject to the provisions of subsection (J), below.
(B) In the event that the City Controller has certified that no confirmed
sweatshop-free bidders of apparel or textiles are available and that the
acquisition of the apparel or textiles sought is essential or time-sensitive, the
contracting agency may select a bidder that is not confirmed to be sweatshop-
free.
(C) For the purpose of implementing the City’s policy, a bidder may be
confirmed to be sweatshop-free by either of the following means:
(1) Certification as such by the Sweatfree Purchasing Consortium or other
comparable independent monitoring organization as selected by the
Common Council; or
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(2) Self-certification by affidavit of the bidder, provided that such
certification is not contradicted by credible information received by
the City Controller.
(D) The City Controller shall collect and maintain information concerning the
City’s apparel and textile contracts that are awarded after the effective date of the
enactment of this section, and shall ensure that the following information is
available to the public, upon proper request:
(1) For each such contract, a statement from the contractor that such apparel
or textiles are manufactured in accordance with the sweatshop-free criteria set
forth in this chapter;
(2) A list of the names and addresses of each subcontractor to be utilized in
the performance of each such contract;
(3) For each such contract, a list of each manufacturing operation of the
contractor and all subcontractors involved in performance of the contract, and
the location, address, and telephone number of each such facility; and
(4) For each such contract, a statement signed by the contractor showing that
it agrees that it will, at the request of the contracting agency, allow
independent monitoring of the contractor’s or any subcontractor’s facilities, to
verify compliance with the requirements of this section, and that the
contractor shall be responsible for ensuring that its subcontractors comply
with the independent monitoring requirements of this subdivision.
(E) Upon information and belief that a contractor or subcontractor may be in
violation of this section, the City Attorney may take such action as may be
appropriate and provided for by law, rule or contract. In circumstances where a
contractor or subcontractor fails to perform in accordance with any or all of the
requirements of this section, and there is a continued need for the service, a
contracting agency may obtain the required service as specified in the original
contract, or any part thereof, by issuing a new solicitation of bids. Administrative
charges may be assessed against the breaching contractor by the City. The City
may, as appropriate, invoke other sanctions as are available under the contract and
applicable law.
(F) A contractor shall be liable for a civil penalty of not less than $5,000 upon a
determination, made through litigation or arbitration, that a contractor or
subcontractor has made a false claim under the provisions of this section, to the
contracting agency.
(G) Every bid solicitation for supplying apparel and textiles to the City shall
contain a statement notifying bidders of the provisions and requirements of this
section. Every contract for the supply of textiles and apparels shall contain a
provision or provisions detailing the requirements of this section.
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(H) Any investigation conducted under the provisions of this section by the City
Attorney shall not extend to work performed more than two years prior to (i) the
filing of a complaint pertinent to any provision of this section; or (ii) the
commencement of the investigation, whichever is earlier.
(I) This section shall not apply to any contract entered into prior to the effective
date of this ordinance, except that renewal, amendment or modification of such
contract occurring on or after said effective date shall be subject to the conditions
specified in this section.
(J) This section shall apply except when federal or state law precludes the City of
Ithaca from attaching the procurement conditions herein.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective date. This ordinance shall take on January 1, 2012, and in accordance with
law, upon publication of notice as provided in the Ithaca City Charter.
M E M O R A N D U M
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Daniel L. Hoffman, City Attorney Telephone: 607/274-6504
Khandikile M. Sokoni, Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan, Assistant City Attorney
Patricia M. O’Rourke, Assistant City Attorney
Krin Flaherty, Associate City Attorney
Jody Andrew, Executive Assistant
To: City Administration Committee
From: Krin Flaherty
Date: August 25, 2011
Subject: Proposed Sweatshop-Free Procurement of Apparel and Textiles Policy
_____________________________________________________________________________
Attached please find a draft of the proposed Sweatshop-Free Procurement of Apparel and
Textiles Policy. The proposed draft is composed of the following parts:
Part I – Adopts Policy Statement and Authorizes Membership
A. Resolution adopting a City of Ithaca Policy Statement on Sweatshop-Free Procurement
of Apparel and Textiles enabling modification of the Code and Purchasing Policy.
B. Resolution authorizing the Mayor to enroll the City in the Sweatfree Purchasing
Consortium.
Part II - Amends Purchasing Policy to make reference to Contracts City Code provisions
contained in Chapter 39. Adds addendum to the Purchasing Policy for purchases of textile or
apparel, not subject to competitive bidding (purchases under $20,000), which states that
purchases of textile or apparel must be confirmed to be sweatshop-free. Two exceptions:
‐ If essential or time-sensitive and no sweat-shop free option exists; or
‐ Purchase is less than $1,000.
City Controller will advise Department Heads of violation information from the Sweatfree
Purchasing Consortium. The addendum includes an encouragement paragraph for officials and
staff to consider the policy in making work-related apparel purchases.
Part III – Ordinance to amend Chapter 39 to include Sweatshop-free Procurement in the City’s
responsibility guidelines.
1
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16. Finance/Controller’s Office
.1 Request to Approve Civil Service Agreement for the Year 2011-2012
RESOLVED, That the Mayor and City Controller be authorized and directed to execute an
agreement between the City of Ithaca and the Ithaca City School District for performance by the
City for services in connection with Civil Service matters, for the period July 1, 2011 to June 30,
2011, in an amount of $58,060, payable to the City of Ithaca on or before November 1, 2011.
AGREEMENT
THIS AGREEMENT made the day of , 2011, by and between the CITY OF ITHACA, a
municipal corporation of the State of New York, hereinafter referred to as the “City”, party of the
first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal corporation of the
State of New York, hereinafter referred to as the “School District”, party of the second part.
WITNESSETH:
WHEREAS, the Board of Education of the School District desires to enter into a contract
with the City for the performance by the City of certain services, to avoid duplication and
unnecessary expense, particularly services in connection with Civil Service matters on behalf of
the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law,
and
WHEREAS, the total number of classified Civil Service employees on the payrolls of the
City and the City School District for the final payroll period in December, 2010, was 949, and
WHEREAS, the actual annual expenditures for the Civil Service Commission of the City
of Ithaca for the 2010 fiscal year of the City was $103,383;
NOW, THEREFORE, the parties hereto agree as follows:
1. That for the services rendered and to be rendered by the City for the School
District during the School District fiscal year, which is July 1, 2011 through June
30, 2012, the School District shall pay to the City a lump sum of $58,060, payable
on or before November 1, 2011.
2. In consideration of such payment, the City agrees:
(a) to furnish the School District the part-time services of the Civil Service
Commission of the City of Ithaca and the members of its staff, and the
City Clerk and the members of her staff; and
(b) to handle the records and perform any other necessary Civil Service
services relating to Board of Education employees in the classified
service, including examinations and tests when required.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF ITHACA, NEW YORK
By: ________________________
Mayor
ATTEST:
________________________
City Clerk
CITY SCHOOL DISTRICT
CITY OF ITHACA, NEW YORK
By: ________________________
Assistant Superintendent of Business Services
ATTEST:
________________________
School District Clerk