Ballot Question to empower Council to enact Minimum Wage & Benefits set for May 20, 2014

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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(Bill No. 130532)
AN ORDINANCE
Providing for the submission to the qualified electors of the City of Philadelphia of the
proposal set forth in a Resolution approved by Council proposing an amendment of 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 authorizing the appropriate officers to publish notice
and to make arrangements for the special election.


THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:


SECTION 1. There shall be submitted for the approval or disapproval of the qualified
electors of the City of Philadelphia at the election to be held May 20, 2014, the
amendment to The Philadelphia Home Rule Charter contained in Resolution No. 130544
approved by Council on September 26, 2013, and filed in the Office of the Clerk of
Council.


SECTION 2. There shall be placed on the ballot the following question to be answered
“Yes” or “No” by the qualified electors participating in the election:
Shall The Philadelphia Home Rule Charter be amended to confirm
Council’s power to enact provisions Council considers necessary or
appropriate to implement 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, and provisions
authorizing the granting and revocation of waivers, with debarment as a
potential penalty for violation of such provisions?


SECTION 3. The Clerk of Council is hereby directed to have printed in pamphlet form,
in sufficient number for general distribution, the proposed amendment to The
Philadelphia Home Rule Charter as set forth in Resolution No. 130544 together with the
ballot question set forth in Section 2 of this Ordinance.


SECTION 4. The Clerk of Council is hereby directed to cause to be published in three
(3) newspapers of general circulation in the City and in the Legal Intelligencer theproposed amendment to The Philadelphia Home Rule Charter, together with the ballot question set forth in Section 2 of this Ordinance, once during the three (3) weeks preceding the election on May 20, 2014; and further, at such other time and in such other manner as the Clerk may consider desirable.

SECTION 5. The Mayor is hereby authorized and directed to issue a proclamation
giving at least thirty (30) days' notice of such election. The Clerk of Council shall cause
a copy of the proclamation to be published in at least two (2) newspapers of general
circulation in the City, and in the Legal Intelligencer once a week during the three (3)
weeks preceding the election on May 20, 2014.


SECTION 6. The appropriate officers are authorized and directed to take such action
as may be required for the holding of an election on the ballot question set forth in
Section 2 of this Ordinance as provided for by the laws of the Commonwealth of
Pennsylvania.

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