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DISQUALIFICATION OF CONTRACTORS FAILING TO REEMPLOY

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Summary
Suffredin's Commentary
Activity Log
Full Text of Legislation
Disclaimer

Date Introduced: 5/3/2006
Date Passed:

Sponsors:
Moreno
Co-Sponsors:
Butler, Claypool, Daley, Gorman, Hansen, Maldonado, Murphy, Peraica, Quigley, Silvestri, Sims, Steele, Suffredin

Summary:

An Ordinance to ensure that companies that contract with the County are complying with USERRA requirements.


Activity Log:

5/3/2006
Referred to Finance

Full Text of Legislation:

DISQUALIFICATION OF CONTRACTORS FAILING TO REEMPLOY

ARMED SERVICES PERSONNEL IN VIOLATION OF USERRA

 

WHEREAS, since the 9/11 terrorist attacks, the United States has waged a global war on terror resulting in more than 542,000 national guardsmen and reservists being called to active duty; and

 

WHEREAS, this war has expanded to include large overseas campaigns in Afghanistan and Iraq, in addition to other operations of national interest throughout the world, with a significant number of reservists being called up to active duty and away from their jobs and families; and

 

WHEREAS, the U.S. Armed Forces are becoming increasingly reliant on reservists and guardsmen to fulfill their missions, and therefore in the interest of national security, to provide protection against employment discrimination; and

 

WHEREAS, these brave men and women selflessly serve our country and sacrifice much, sometimes making the ultimate sacrifice by giving their lives to protect the freedoms we enjoy; and

 

WHEREAS, some employers see enlistment in the uniformed services as a detriment due to required absences for military service, sometimes for extended deployments, and although illegal under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq., discriminate when it comes to hiring or maintaining these service members; and

 

WHEREAS, an employer’s failure to abide by the USERRA Act only contributes to the hardships already faced by service men and women and their families; and

 

WHEREAS, it is the intent of the County Board to complement the USERRA Act by requiring employers doing business with the County to act in accordance with the criteria set forth by said Act to ensure service members reemployment rights are honored; and

 

WHEREAS, the Board of Commissioners does hereby thank all the servicemen and women of the United States Armed Forces for their sacrifice, their service, and their dedication to protecting our great nation; and

 

WHEREAS, the County Board does hereby vigorously encourage all current businesses contracting with the County to also honor our service men and women by abiding by the principles of the USERRA Act.

 

NOW, THEREFORE, BE IT ORDAINED by the Cook County Board of Commissioners:

 

Section 1:  USERRA Compliance

 

All persons or business entities contracting with the County, including subcontractors, shall comply with the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq.


PROPOSED ORDINANCE continued

 

ITEM #81 cont’d

 

Section 2:  Notification of USERRA Complaint

 

All persons or business entities contracting with the County shall notify the Office of Contract Compliance of any complaint filed under the USERRA Act against the employer by an eligible service member/employee.

 

The Office of Contract Compliance shall maintain a record of such complaints and of their disposition.  Failure to report to the Office of Contract Compliance as required by this section may result in the termination of any contract with that contractor.

 

Section 3:  USERRA Violators Disqualified from Participation in County Contracts

 

No person or business entity that is found to be in violation of the USERRA Act by a court of competent jurisdiction shall be awarded a contract for goods and services with the county for a period of no less than two years following the date of the finding of violation.

 

Section 4:  Effective Date

 

This Ordinance shall take effect upon passage.

 

 


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