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File #: 130544    Version: Name:
Type: Resolution Status: ADOPTED
File created: 6/13/2013 In control: Committee on Law and Government
On agenda: Final action: 9/26/2013
Title: Proposing an amendment to The Philadelphia Home Rule Charter confirming Council's power to enact provisions Council considers necessary or appropriate to accomplish the purposes of a Minimum Wage and Benefits Ordinance, including, but not limited to, provisions mandating that minimum wage and benefits requirements be passed along to subcontractors on City contracts and subrecipients of City financial assistance, with debarment as a potential penalty for violation of such provisions; and providing for the submission of the amendment to the electors of Philadelphia.
Sponsors: Councilmember Goode, Councilmember Reynolds Brown, Councilmember Quiñones Sánchez, Councilmember Greenlee, Councilmember Squilla, Councilmember Green, Councilmember Blackwell, Councilmember Jones, Councilmember Henon, Councilmember Bass, Council President Clarke, Councilmember O'Brien, Councilmember Johnson, Councilmember O'Neill, Councilmember Kenney
Indexes: MINIMUM WAGE, PHILADELPHIA HOME RULE CHARTER
Attachments: 1. Resolution No. 13054401, As Amended.pdf, 2. Signature13054401.pdf
Title
Proposing an amendment to The Philadelphia Home Rule Charter confirming Council's power to enact provisions Council considers necessary or appropriate to accomplish the purposes of a Minimum Wage and Benefits Ordinance, including, but not limited to, provisions mandating that minimum wage and benefits requirements be passed along to subcontractors on City contracts and subrecipients of City financial assistance, with debarment as a potential penalty for violation of such provisions; and providing for the submission of the amendment to the electors of Philadelphia.
 
Body
WHEREAS, Under Section 6 of the First Class City Home Rule Act (53 P.S. §13106), an amendment to The Philadelphia Home Rule Charter may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now, therefore,
 
RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That the following amendment to The Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by ordinance:
 
 
Bold italics indicates matter added by these amendments.
Strikethrough indicates matter deleted by these amendments.
 
ARTICLE II
LEGISLATIVE BRANCH
 
The Council - Its Election, Organization, Powers and Duties
 
CHAPTER 3
LEGISLATION
 
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Section 2-309.  Leases and Contracts.
 
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      (5)     For purposes of this subsection, "Minimum Wage and Benefits Ordinance" means an ordinance that requires the City, those who contract with the City, and/or recipients of City financial assistance to provide their employees with a minimum level of pay and benefits, and/or that provides that certain or all City contracts include provisions mandating compliance with such a requirement, and that may include such other provisions as Council considers necessary or appropriate to accomplish the purposes of such an ordinance, including, but not limited to, provisions that require those who contract with the City or are recipients of City financial assistance to pass along the requirements of such an ordinance to subcontractors (at any tier) and subrecipients (at any tier); and provisions that authorize the granting and revocation of waivers from any or all of the requirements of such an ordinance. Council's power to enact Minimum Wage and Benefits Ordinances is hereby confirmed, as is Council's power to ordain that a contractor or recipient of City financial assistance, or any subcontractor (at any tier) or subrecipient (at any tier), may, after notice and hearing, be debarred from doing business with the City or receiving City financial assistance for a specified period of time for failure to comply with such requirement. Council may not ordain differing minimum levels of pay and benefits for different categories of covered City employees. Notwithstanding any other provision of the Charter, An an ordinance providing for such debarment, and an ordinance providing for the granting and revocation of waivers, may specify procedures for such debarments and waivers by conferring powers and duties on existing City agencies, including Council, or by creating new agencies for such purposes.
 
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End