Referred to: The Government Efficiency and Review Committee (Chairman J. Parete

and Legislators Belfiglio, Briggs, Greene, and R. Parete), and The Ways and Means

Committee (Chairman Gerentine and Legislators Allen, Bartels, Belfiglio, Briggs,

Maio, and Maloney)

Legislator John R. Parete and Legislator R. Parete offer the following:

WHEREAS, through the Legislative process of consideration of Resolution

No. 322 of 2015, the Ulster County Legislature determined that compensation for

current employees of the County of Ulster with an employment status of provisional,

permanent, temporary, or contingent permanent, who work a minimum of seventeen

(17) hours per week, or thirty-four (34) hours per two week period, is an amount no

less than fifteen (15) dollars per hour worked in addition to retirement, health or

other benefits received by a County employee; and

WHEREAS, the Ulster County Legislature hereby finds that to promote the

health safety and welfare of all employees that perform work for Ulster County,

service contractors and sub-contractors shall provide a livable wage to employees

that perform work in accordance with such service contracts with the County of

Ulster; and

WHEREAS, pursuant to Section C-11 of the Ulster County Charter and

Section A2-5(A) of the Ulster County Administrative Code, the Ulster County

Legislature is “the legislative, appropriating and policy determining body of the

County and, as such, shall have and exercise all powers and duties now or hereinafter

conferred upon it by applicable law and any powers necessarily implied or incidental

thereto”; and

WHEREAS, pursuant to Section C-11(h) of the Ulster County Charter and

Section A2-5(A)(8) of the Ulster County Administrative Code, the Ulster County

Legislature is empowered to fix the compensation of all officers and employees paid

from County funds, or, for employees not covered by a collective bargaining

agreement, to establish salary ranges within which the appointing authority shall have

discretion to set the actual salary within a range”; and

WHEREAS, the Ulster County Legislature further determines that a living

wage for employees of contractors and sub-contractors engaged in services contracts

with the County of Ulster is an amount of no less than fifteen ($15.00) dollars per

hour, in addition to retirement, health or other benefits received by said employee, if

any; now, therefore, be it 

RESOLVED, that the following definitions shall apply throughout this

Resolution:

1. County: The County of Ulster and any division, subdivision, office,

department, board, commission, bureau thereof.

2. Contract: Any written agreement for the purchase of services where a

contractor is required to provide services to the County and the County is required to

expend funds or is entitled to receive funds from a contractor in connection with a

contract or subcontract for services.

3. Contractor: Any person that enters into a service contract with the County.

4. Subcontractor: Any person, other than an employee, that enters into a contract

with a contractor to assist the primary contractor in performing a service contract.

5. Covered Employee and/or Employee: An employee, either full-time or parttime, employed by a covered employer in, on or for the project or matter subject to

the contract. This definition shall include any employee who is employed as an

employee of a contractor or subcontractor on or under the authority of one or more

service contracts and who expends any of his or her time thereon.

6. Covered Employer: Any contactor or subcontractor directly involved in

providing a covered service to the County.

7. Covered Service: any service provided to the County of Ulster including but

not limited to food-service, janitorial, security, parking attendants, landscaping,

clerical and waste management.

8. Person: One or more of the following or their agents, employees,

representatives and legal representatives, individuals, corporations, partnerships, joint

ventures, associations, labor organizations, educational institutions, mutual

companies, joint-stock companies, trusts, unincorporated organizations, trustees in

bankruptcy, receivers, fiduciaries and all other entities recognized by the County of

Ulster. 

9. Not-for-profit Organization: A corporation having tax exempt status pursuant

to Section 501(c)(3) of the United States Internal Revenue Code and recognized

under New York State Not-For-Profit Corporation Law;

 and, be it further

 RESOLVED, for every contract entered on and after July 1, 2017,

compensation for covered employees employed by covered employers shall be set in

an amount no less than fifteen ($15.00) dollars per hour worked, in addition to

retirement, health or other benefits received by the covered employee, if any; and, be

it further

 RESOLVED, that an exemption to this Resolution may be granted, with prior

Legislative approval, to not-for-profit organizations which perform any provider of

covered services to for the County or its Departments; and, be it further

 RESOLVED, that no provision of this Resolution shall supplant or contradict

the terms of existing collective bargaining agreement(s), service contracts, or any

provision of Federal Law or New York State Law; and, be it further

 RESOLVED, in the event any court of competent jurisdiction shall hold any

provision of this Resolution invalid or unenforceable, such holding shall not

invalidate or render unenforceable any other provisions hereof,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: NOES:

Postponed in Committee: Government Efficiency and Review on May 15, 2017

Postponed in Committee: Government Efficiency and Review on June 19, 2017 

Amended in Committee: Government Efficiency and Review on July 17, 2017

Postponed in Committee: Government Efficiency and Review on July 17, 2017

Passed Committee: Ways and Means on _____________.

FINANCIAL IMPACT:

TBD