ORDINANCE NO. BL2006-1235
An ordinance amending Title 6 of the Metropolitan Code of Laws prohibiting the hiring of unlawful workers within the area of the Metropolitan Government and providing penalties for violations, all of which is more particularly described herein.
WHEREAS, federal law requires that certain conditions be met before a person may be authorized to work or reside in this country; and
WHEREAS, unlawful workers and illegal aliens, as defined by this ordinance and federal law, do not normally meet such conditions as a matter of law when present within the area of the Metropolitan Government of Nashville and Davidson County; and
WHEREAS, unlawful employment and crime committed by illegal aliens harm the health, safety and welfare of the lawful residents of the Metropolitan Government; and
WHEREAS, illegal immigration leads to higher crime rates, subjects our hospitals to fiscal hardship and legal residents to substandard quality of care, contributes to other burdens on public services, increasing their cost and diminishing their availability to legal residents, and diminishes our overall quality of life; and
WHEREAS, through this ordinance, the Metropolitan County Council seeks to secure to those lawfully present in the United States and within the area of the Metropolitan Government, whether or not they are citizens of the United States, the right to live in peace free of the threat of crime, to enjoy the public services provided by this city without being burdened by the cost of providing goods, support and services to aliens unlawfully present in the United States, and to be free of the debilitating effects on their economic and social well being imposed by the influx of illegal aliens to the fullest extent that these goals can be achieved consistent with the Constitution and Laws of the United States and the State of Tennessee.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Title 6 of the Metropolitan Code of Laws is hereby amended by adding the following new Chapter 6.31 "Employment of Unlawful Workers":
When used in this chapter, the following words, terms and phrases shall have the meanings ascribed to them herein, and shall be construed so as to be consistent with state and federal law, including federal immigration law:
A. "City" means the Metropolitan Government of Nashville and Davidson County.
B. "Contractor" means a person, employer, subcontractor or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration. This definition shall include but not be limited to a subcontractor, contract employee, or a recruiting or staffing entity.
C. "Unlawful worker" means a person who does not have the legal right or authorization to work due to an impediment in any provision of federal, state or local law, including but not limited to a minor disqualified by nonage, or an unauthorized alien as defined by United States Code Title 8, subsection 1324a(h)(3).
D. "Work" means any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities conducted by business entities.
E. "Basic Pilot Program" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); United States Code Title 8, subsection 1324a, and operated by the United States Department of Homeland Security (or a successor program established by the federal government.)
Business permits, contracts and grants.
A. It is unlawful for any business entity to recruit, hire for employment, or continue to employ, or to permit, dispatch, or instruct any person who is an unlawful worker to perform work in whole or part within the City. Every business entity that applies for a business permit to engage in any type of work in the City shall sign an affidavit, prepared by the Metropolitan department of law, affirming that they do not knowingly utilize the services or hire any person who is an unlawful worker.
B. Enforcement: The Metropolitan department of law shall enforce the requirements of this section.
1. An enforcement action shall be initiated by means of a written signed complaint to the department of law submitted by any City official, business entity, or City resident. A valid complaint shall include an allegation which describes the alleged violator(s) as well as the actions constituting the violation, and the date and location where such actions occurred.
2. A complaint which alleges a violation solely or primarily on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be enforced.
3. Upon receipt of a valid complaint, the department of law shall, within three business days, request identity information from the business entity regarding any persons alleged to be unlawful workers. The department of law shall notify the Davidson County clerk of any business entity which fails, within three business days after receipt of the request, to provide such information. In instances where an unlawful worker is alleged to be an unauthorized alien, as defined in United States Code Title 8, subsection 1324a(h)(3), the department of law shall submit identity data required by the federal government to verify, pursuant to United States Code Title 8, section 1373, the immigration status of such person(s), and shall provide the business entity with written confirmation of that verification.
4. The Davidson County clerk shall suspend the business license of any business entity which fails to correct a violation of this section within three business days after notification of the violation by the department of law.
5. The Davidson County clerk shall not suspend the business permit of a business entity if, prior to the date of the violation, the business entity had verified the work authorization of the alleged unlawful worker(s) using the Basic Pilot Program.
6. The suspension shall terminate one business day after a legal representative of the business entity submits, at a City office designated by the department of law, a sworn affidavit stating that the violation has ended.
a. The affidavit shall include a description of the specific measures and actions taken by the business entity to end the violation, and shall include the name, address and other adequate identifying information of the unlawful workers related to the complaint.
b. Where two or more of the unlawful workers were verified by the federal government to be unauthorized aliens, the legal representative of the business entity shall submit to the Hazleton Code Enforcement Office, in addition to the prescribed affidavit, documentation acceptable to the City Solicitor which confirms that the business entity has enrolled in and will participate in the Basic Pilot Program for the duration of the validity of the business permit granted to the business entity.
7. For a second or subsequent violation, the Davidson County clerk shall suspend the business license of a business entity for a period of (20) twenty days. After the end of the suspension period, and upon receipt of the prescribed affidavit, the Davidson County clerk shall reinstate the business license. The department of law shall forward the affidavit, complaint, and associated documents to the appropriate federal enforcement agency, pursuant to United States Code Title 8, section 1373. In the case of an unlawful worker disqualified by state law not related to immigration, the department of law shall forward the affidavit, complaint, and associated documents to the appropriate state enforcement agency.
C. All agencies of the City shall enroll and participate in the Basic Pilot Program.
D. As a condition for the award of any City contract or grant to a business entity for which the value of employment, labor or, personal services shall exceed $10,000, the business entity shall provide documentation confirming its enrollment and participation in the Basic Pilot Program.
Construction and severability.
A. The requirements and obligations of this chapter shall be implemented in a manner fully consistent with federal law regulating immigration and protecting the civil rights of all citizens and aliens.
B. If any part or provision of this chapter is in conflict or inconsistent with applicable provisions of federal or state statutes, or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this chapter shall not be affected thereby.
Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
by: Jim Gotto
|Introduced:||October 17, 2006|
|Passed First Reading:||October 17, 2006|
|Referred to:||Personnel Committee|
|Deferred Indefinitely:||November 21, 2006|
|Withdrawn:||August 21, 2007|