§ 326-7. Wage Theft Monitoring, Investigation and Compliance.

(a)

The city manager shall develop rules and regulations for the following:

(1)

Review of agreements to ensure that language required by this chapter is included;

(2)

Monitoring of agreements to ensure compliance with this chapter, including reviewing complaints, referring complaints to an appropriate agency for investigation, and monitoring the outcome of complaints, for any complaints about the practices of any person, contractor or subcontractor relating to the provisions of this chapter; and

(3)

Recommendations for the pursuit of remedies or imposition of sanctions in the event of an adverse determination.

(b)

Whenever the city becomes aware of any complaint against a person or the person's contractor or subcontractor for wage theft or payroll fraud with respect to any work done on a development site:

(1)

The city manager or his or her designee shall report the complaint to the appropriate state or federal agency responsible for investigation and enforcement of a particular type of violation;

(2)

The city manager or his or her designee may investigate wage theft or payroll fraud complaints and take appropriate action;

(3)

The city will provide a written notice to the person stating that, if an adverse determination is rendered against the person or the person's contractor or subcontractor, the city will pursue any available legal, contractual, or equitable remedies, which may include without limitation any or all of the penalties listed in subsections (c) and (d) of this section. The notice also will state that the person, contractor or subcontractor may provide the city with information showing that the adverse determination is under review, contested, or appealed; and

(4)

The city will attempt to take action as described in subsection (b)(1) of this section and, if appropriate, to initiate an investigation as described in subsection (b)(2) of this section, within 30 days of the city's receipt of the complaint.

(c)

Whenever any adverse determination is rendered against a person or the person's contractor for wage theft or payroll fraud with respect to any work done on a development site, or, if the adverse determination is appealed, then whenever the final decision on appeal confirms the adverse determination, the city will pursue any available legal, contractual or equitable remedies, which may include without limitation any or all of the following remedies whether or not provided for in the agreement:

(1)

Termination of the agreement with the person or unilateral reduction of the incentive or benefit to be provided under the agreement by up to 100% of the yet to be paid or provided incentive or benefit;

(2)

Deeming the person or the person's contractor ineligible for future agreements or other contracts with the city until all wage theft and payroll fraud penalties have been paid in full;

(3)

Debarment of the person or the person's contractor from future agreements or other contracts with the city; and

(4)

Informing the relevant city departments of the adverse determination, including but not limited to the tax commissioner, the department of finance, and the city prosecutor, in order to determine if further action is necessary.

(d)

Whenever any adverse determination is rendered against a person's subcontractor, if there is no resolution of the wage theft violation or payroll fraud satisfactory to the city within 30 days of the city's receipt of notification of the adverse determination or final decision of an appeal, the city will pursue any available legal, contractual or equitable remedies, which may include without limitation the following remedies whether or not provided for in the agreement:

(1)

Termination of the agreement with the person or unilateral reduction of the incentive or benefit to be provided under the agreement by up to 100% of the yet to be paid or provided incentive or benefit;

(2)

Deeming the person, the person's contractor, and/or the subcontractor ineligible for future agreements or other contracts with the city until all wage theft and payroll fraud penalties have been paid in full;

(3)

Debarment of the person, the person's contractor, and/or the subcontractor from future agreements or other contracts with the city; and

(4)

Informing the relevant city departments, including but not limited to the tax commissioner, the department of finance, or the city prosecutor, in order to determine if further action is necessary or available.

(e)

Any remedies available to the city under this section are in addition to, and not in replacement of, any remedies available to the city under an agreement or otherwise. The pursuit of any remedy or remedies by the city shall not exclude the city's pursuit of any other remedy or remedies.

(f)

The Department of Economic Inclusion shall be the department with primary responsibility for investigation, recordkeeping, and enforcement of this chapter.

(Ordained by Ord. No. 022-2016, § 1, eff. March 3, 2016; Emer. Ord. No. 0096-2017, § 1, eff. May 17, 2017)