A local hiring ordinance that would require contractors to meet a 25 percent quota of residents, including minorities, was not vetted for legal issues before appearing on the City Council agenda. On the advice of Corporation Counsel David Minchello, it was held for a legal review to avoid possible litigation.
Minchello said such laws must be based on evidence, or they will be challenged.
"We need to be sure that we have that back-up data," he said.
Asked by Mayor-elect and Councilman Adrian Mapp whether he saw the ordinance in advance, Minchello said he did not have a chance to review it.
As the council prepared to take Minchello's advice, Councilwoman Vera Greaves vigorously objected, saying, "I believe we have a right to have our people be hired."
To applause from the audience, she added, "I think that's crazy."
Minchello again asserted the need for proof, but Greaves said if a worker was "going to move a stone from here to here," no education was needed.
"It's outrageous," she said.
Councilwoman Rebecca Williams said Minchello was only saying data was needed.
"We have data. We have had it for years. Give me a break," Greaves retorted.
"The most complaints I get is there are no jobs for us," Councilman William Reid said. "None of us of color would never be sitting here now (if laws had not been changed)."
Urging passage at Tuesday's regular meeting, Reid said, "The heck with it. Lawsuits happen every day. This should be on the agenda."
Williams held out for a legal review, but a consensus including Greaves, Reid, Tracey Brown and Council President Bridget Rivers agreed to move it to the agenda, with Williams, Mapp and Councilman Cory Storch saying no.
The agenda session was held in tandem with a regular meeting Tuesday. When the ordinance came up for a vote, Minchello said, "My professional legal opinion is that the ordinance is unlawful and needs further review."
Reid then moved to table it.
The council calendar will not allow for two readings and final passage before the end of 2013, so the ordinance will be taken up again in 2014.
See Plaintalker's previous post on the ordinance here.
--Bernice
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It was the right decision to table the ordinance pending further review. The intent is good, but the ordinance as written had major flaws. Some detail can be found in this document- http://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_LRD_59.pdf
ReplyDeletewho are our people?
ReplyDeleteAnyone who is not white or Hispanic. Love to see one of "us" say that and not be called to task.
DeleteWhen Councilwoman Greaves said that she had data, I asked whether she had it with her. I received no response. Anecdotal data from her will not pass muster. It is my hope that Corporation Counsel Minchello will have time to properly review the ordinance and provide us with info that will enable us to make a good, strong ordinance that would help in ensuring that qualified Plainfield residents (WHATEVER their ethnic background is) can be employed on some local projects. The taxpayers of this city (primarily African Americans, by the way--given our demographics) cannot withstand the cost of endless lawsuits based on the capriciousness of uninformed legislators.
ReplyDeleteRebecca
Ms. Greaves is not the "sharpest tack in the box". She would be better to follow her usual pattern of non verbal communication. It is when she opens her mouth that we all are embarrassed. Shhhhh... Vera Go to Sleep
DeleteI would encourage all of the Council members to do a little research on this types of ordinances and for once come up with something that is new, cutting edge and outside the box. A cut and paste from a google search of legislation from other municipalities isn't going to cut it. Plainfield residence need jobs but they also need to have active open development - while these ordinances have great intentions we shouldn't be in the business of making development more difficult. There is a middle ground and you all should look for it. As for Ms. Greaves I am not sure what you expected from her, she is what she is and that isn't likely to change any time soon.
DeleteI agree with 4:31PM. Thank you Jerry for putting another nice person with no clue in a position to run the city.
DeletePlainfield is an "equal opportunity employer" duh... How are you going to tell an employer who he has to hire? He already has to meet federal regs on EEOC? silly nonsense as usual. Good luck Mayor Mapp!!
ReplyDeleteMaybe consult with personnel. We do have a personnel dept.
Let's see, Plainfield is 50% black, 40% latino, and 10% other, soooo if 25% of the jobs must go to Plainfield residence that would be 12.5% black, 10% latino, and 2.5% other
ReplyDeleteIs this how it will break out, so to reflect the demographics of Plainfield? Does Reid expect the 25% to be only "people of color"?