ORDINANCE BL2017-948

An ordinance addressing the employment of former employees of the Nashville Career Advancement Center by contractors of the Metropolitan Government in circumstances where such employees’ services were terminated due to layoff.

WHEREAS, the Nashville Career Advancement Center (“NCAC”), provides individuals with career development resources through federal, state and local funds; and,

WHEREAS, NCAC has previously engaged in the direct provision of career services as a one-stop operator; and,

WHEREAS, federal law under the Workforce Innovation and Opportunity Act (“WIOA”), 29 U.S.C. § 3101 et seq., now requires that NCAC competitively select such one-stop operators; and,

WHEREAS, the WIOA further states that the delivery of career services shall be provided through the one-stop delivery system either directly through one-stop operators or through contracts with service providers, which may include contracts with public, private for-profit, and private nonprofit service providers; and,

WHEREAS, the State of Tennessee has determined that in order to best comply with federal law, it is necessary for NCAC to competitively award the delivery of career services; and,

WHEREAS, compliance with this mandate will require that NCAC layoff employees whose former duties will be assumed by contractors selected through the competitive bidding process; and,

WHEREAS, Metropolitan Code § 4.48.090(B)(2) provides that it shall be a breach of ethical standards for any former employee, within one year after cessation of the former employee's official responsibility, knowingly to act as principal or as an agent for anyone other than the metropolitan government, in connection with any contract in matters which were within the former employee's official responsibility, where the metropolitan government is a party or has a direct or substantial interest; and,

WHEREAS, as used in Metropolitan Code § 4.48.090(B)(2), “official responsibility” means direct administrative or operating authority, whether intermediate or final, either exercisable alone or with others, either personally or through subordinates, to approve, disapprove or otherwise direct metropolitan government action; and,

WHEREAS, T.C.A. § 12-4-114(a)(2) provides that no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that: (i) The employee is contemporaneously employed by a respondent to a solicitation or contractor involved in the procurement transaction; or (ii) The employee is negotiating, or has an arrangement concerning, prospective employment with a respondent to a solicitation or contractor involved in the procurement transaction; and,

WHEREAS, it is desirable to allow NCAC employees who are affected by the reduction in force to seek employment with Metropolitan Government contractors, if such employment would not otherwise violate state or federal law.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Notwithstanding the provisions of Metropolitan Code § 4.48.090(B)(2), an employee of the Nashville Career Advancement Center (“NCAC”), whose services are being terminated due to layoff, may seek employment with a contractor of the Metropolitan Government provided that:

(i) The employee did not have official responsibility for the procurement solicitation or transaction which resulted in the selection of the respondent contractor to provide services to the Metropolitan Government; and

(ii) The employment of the former NCAC employee by the contractor will not otherwise violate state or federal law.

Section 2. Any former employee of NCAC who accepts employment with a contractor of the Metropolitan Government providing services to NCAC within a period of one year from the cessation of NCAC employment shall provide written notification to the Purchasing Agent and the Executive Director of NCAC prior to commencement of employment with the contractor.

Section 3. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brett Withers

LEGISLATIVE HISTORY

Introduced: November 7, 2017
Passed First Reading: November 7, 2017
Referred to: Planning Commission - Approved
Budget & Finance Committee
Planning, Zoning & Historical Committee
Public Works Committee
Passed Second Reading: November 21, 2017
Passed Third Reading:  
Approved:  
By:  
Next Consideration: December 5, 2017

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.