Committee Report - Leg Matters - 11-17-11 — File 192250

November 17, 2011 Legislative Matters Committee Page 1 of 2 Printed 11/20/2011 REPORT OF THE LEGISLATIVE MATTERS COMMITTEE Attendee Name Title Status Arrived Thomas F. Taylor Chair Absent William A. White Jr. Vice Chair Present Bruce M. Desmond Alderman At Large Present John M Connolly Alderman At Large Present Rebekah Gewirtz Ward Six Alderman Present Maryann M. Heuston Ward Two Alderman Present Dennis M. Sullivan Alderman At Large Present Omar Boukili Administrative Assistant Present Frank Wright City Solicitor Present Matt Buckley Asst. City Solicitor Present Thomas Bent Present • Public Hearing: Local Hiring Ordinance Several individuals spoke on the item, noting the following: • The ordinance would minimize social and economic injustice, • The ordinance is goal oriented, not quota oriented, therefore it cannot be struck down, • Somerville residents deserve first choice of jobs, • Local jobs promote diversity, • Somerville companies should be able to work in their “own back yard”. Those speaking against the item noted the following: • The ordinance would scare off developers and businesses, • Problems associated with downstream regulation, • Somerville residents and property values would be harmed, • Conflicts with union protocols, • The ordinance is not practical for all businesses.

Committee Meeting November 17, 2011 Legislative Matters Committee Page 2 of 2 Printed 11/20/2011 The record will remain open until the close of business on November 25, 2011 to accept written testimony. 191563 - That the City adopt the attached Local Hiring Ordinance.: Mr. Buckley discussed a recent court decision which struck down a similar ordinance in Fall River as being unconstitutional and he spoke about the federal preemption of the Employee Retirement Income Security Act (ERISA), citing benefits, medical care and apprenticeship programs as issues. It is Mr. Buckley’s opinion that the proposed ordinance is also unconstitutional and is open to challenge, exposing the city to litigation and associated costs. He noted that Fall River had to pay $150,000 in legal fees to the party that sued and was the victor in court. Chairman White referenced a recent case in Cleveland and suggested that the Privileges and Immunities Clause should be looked into and questioned how not applying the proposed ordinance to New Hampshire residents would impact it. Members of the committee also questioned how the proposed ordinance would impact the city’s Responsible Employer Ordinance. Alderman Desmond requested that Mr. LeBlanc, of the Somerville Community Corporation, provide the committee with the documentation he referenced at this meeting. RESULT: KEPT IN COMMITTEE