2006 New York Code - Nondiscrimination In Employment In Northern Ireland.

 
    §  6-115.1  Nondiscrimination  in  employment  in Northern Ireland. a.
  Definitions. For the purposes  of  this  section  "MacBride  Principles"
  shall  mean those principles relating to nondiscrimination in employment
  and freedom of  workplace  opportunity  which  require  employers  doing
  business in Northern Ireland to:
    (1)  increase  the representation of individuals from underrepresented
  religious groups in the work force, including  managerial,  supervisory,
  administrative, clerical and technical jobs;
    (2)  take  steps  to  promote  adequate security for the protection of
  employees from underrepresented religious groups both at  the  workplace
  and while traveling to and from work;
    (3) ban provocative religious or political emblems from the workplace;
    (4)  publicly  advertise all job openings and make special recruitment
  efforts to attract applicants from underrepresented religious groups;
    (5) establish layoff, recall and termination procedures which  do  not
  in practice favor a particular religious group;
    (6)  abolish  all  job  reservations,  apprenticeship restrictions and
  differential employment criteria which  discriminate  on  the  basis  of
  religion;
    (7) develop training programs that will prepare substantial numbers of
  current  employees  from  underrepresented  religious groups for skilled
  jobs, including the expansion of existing programs and the  creation  of
  new  programs  to  train, upgrade and improve the skills of workers from
  underrepresented religious groups;
    (8) establish procedures to  assess,  identify  and  actively  recruit
  employees  from  underrepresented  religious  groups  with potential for
  further advancement; and
    (9) appoint a senior management staff member  to  oversee  affirmative
  action   efforts   and   develop   a  timetable  to  ensure  their  full
  implementation.
    b. 1. With respect to contracts described in paragraphs two and  three
  of  this subdivision, and in accordance with such paragraphs, no agency,
  elected official or the council shall contract for the supply of  goods,
  services  or  construction  with  any  contractor  who does not agree to
  stipulate to the following, if there  is  another  contractor  who  will
  contract to supply goods, services or construction of comparable quality
  at a comparable price: The contractor and any individual or legal entity
  in  which  the  contractor  holds  a  ten  percent  or greater ownership
  interest and any individual or legal entity that holds a ten percent  or
  greater ownership interest in the contractor either (a) have no business
  operations  in  Northern Ireland, or (b) shall take lawful steps in good
  faith to conduct any business operations they have in  Northern  Ireland
  in accordance with the MacBride Principles, and shall permit independent
  monitoring of their compliance with such principles.
    2.  In  the  case  of  contracts  let  by  competitive sealed bidding,
  whenever the lowest responsible bidder has not agreed  to  stipulate  to
  the  conditions  set  forth  in  this section and another bidder who has
  agreed to stipulate to such conditions has submitted a bid  within  five
  percent  of  the  lowest responsible bid for a contract to supply goods,
  services or construction of comparable quality, the  contracting  entity
  shall  refer  such  bids to the mayor, the speaker or other official, as
  appropriate, who may determine, in accordance with  applicable  law  and
  rules,  that it is in the best interest of the city that the contract be
  awarded to other than the lowest responsible bidder.
    3. In the case of contracts  let  by  other  than  competitive  sealed
  bidding  for  goods  or  services  involving an expenditure of an amount
  greater than ten thousand dollars,  or  for  construction  involving  an
  amount  greater  than  fifteen  thousand dollars, the contracting entity


  shall not award to a proposed contractor who has not agreed to stipulate
  to the conditions set forth in this section unless the entity seeking to
  use the goods, services  or  construction  determines  that  the  goods,
  services  or  construction  are  necessary for the entity to perform its
  functions and there is no other responsible contractor who  will  supply
  goods,  services  or  construction of comparable quality at a comparable
  price. Such determination shall be made in writing and shall be filed in
  accordance with rules of the procurement policy board or  any  rules  of
  the  council  relating  to  procurement,  as  appropriate,  and shall be
  published in the City Record.
    c. Upon receiving information that  a  contractor  who  has  made  the
  stipulation  required  by  this  section  is  in  violation thereof, the
  contracting  entity  shall  review  such  information  and   offer   the
  contractor  an  opportunity  to respond. If the contracting entity finds
  that a violation has occurred, it shall  take  such  action  as  may  be
  appropriate  and  provided  for by law, rule or contract, including, but
  not limited  to,  imposing  sanctions,  seeking  compliance,  recovering
  damages, declaring the contractor in default and/or seeking debarment or
  suspension of the contractor.
    d.  As  used  in  this  section, the term "contract" shall not include
  contracts with  governmental  and  non-profit  organizations,  contracts
  awarded  pursuant  to  the  emergency procurement procedure set forth in
  section three hundred  fifteen  of  the  charter  or  in  rules  of  the
  procurement  policy  board  or  any  rules  of  the  council relating to
  procurement, as  appropriate,  or  contracts,  resolutions,  indentures,
  declarations  of  trust  or other instruments authorizing or relating to
  the  authorization,  issuance,  award,  sale  or  purchase   of   bonds,
  certificates  of  indebtedness, notes or other fiscal obligations of the
  city, provided that the policies of this  section  shall  be  considered
  when  selecting  a  contractor to provide financial or legal advice, and
  when selecting managing underwriters in connection with such activities.
    e. The provisions of this section shall not  apply  to  contracts  for
  which  the  city  receives  funds  administered  by  the  United  States
  department of transportation, except to the extent congress has directed
  that the department of transportation not withhold funds from states and
  localities that choose to implement selective purchasing policies  based
  on  agreement  to  comply with the MacBride Principles, or to the extent
  that such  funds  are  not  otherwise  withheld  by  the  department  of
  transportation.