§ 2-890.1. Verification of residency of aliens engaged in contract work.

(a)

Definitions. For the purposes of this section, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1)

Legal alien is a person who is or was lawfully present in the United States at the time of employment and remains so for the duration of employment, or a person who is or was permanently residing legally in the United States at the time of employment and remains so for the duration of employment.

(2)

Status verification system is the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. 1324a, operated by the Department of Homeland Security, known currently as the "E-Verify Program".

(3)

Public works means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by a public entity.

(b)

A private employer shall not bid on or otherwise contract with Jefferson Parish or with any of its departments, agencies, or subsidiaries for any public works contracts unless the private employer attests in a sworn affidavit to all of the following:

(1)

The private employer is registered with and participates in a status verification system to verify that new employees to be employed on the project for which a Jefferson Parish agency is soliciting bids are legal citizens of the United States or are legal aliens.

(2)

The private employer shall continue, during the term of the contract, to utilize such status verification system to verify the legal status of new employees employed directly by the private employer.

(3)

The private employer shall require all subcontractors to submit to the employer a sworn affidavit verifying compliance with paragraphs (1) and (2) of this subsection.

(c)

All costs to use the status verification system shall be borne by the entity seeking or participating in a public contract.

(d)

Penalties; employer liability; appeal.

(1)

Any private employer violating the provisions of this section shall, for the convenience of the contracting Jefferson Parish agency, be subject to the cancellation of the contract with the parish agency. Upon such cancellation, the private employer shall be compensated for the private employer's cost to the date of cancellation, plus the pro rata share of its overhead and profit or fee earned to the date of cancellation. A private employer whose participation in a parish contract is canceled for violation of this section shall be ineligible to seek or participate in any parish contract for a period not to exceed three (3) years.

(2)

Any private employer penalized under the provisions of this section shall have the right to appeal to the appropriate entity sanctioning the employer or to the state district court of competent jurisdiction. If the penalty is found not to be supported by evidence or law, the private employer may recover reasonable attorney fees and court costs together with any lost profits.

(3)

Any person, contractor, or employer who complies with the provisions of this section shall not be subject to penalties under this section for the hiring of an unauthorized alien, as defined in 8 U.S.C. § 1324a, if the information obtained in accordance with the status verification system indicated that the individual's federal legal status allowed the employer to hire the employee.

(e)

The provisions of this section shall only apply to contracts entered into or bids offered on or after January 1, 2012.

(f)

In the event the status verification system expires or is de-funded and extensions are not approved by the federal government, the provisions of this section shall no longer apply.

(Ord. No. 24134, § 1, 10-12-11; Ord. No. 24195, § 1, 1-25-12; Ord. No. 24447, § 1, 3-27-13)

Editor's note

Ord. No. 24134, § 1, adopted October 12, 2011, amended the Code by adding provisions designated as § 2-890. Inasmuch as there already exist provisions so designated, the provision of said ordinance have been included herein as a new § 2-890.1 at the discretion of the editor. See also the Code Comparative Table.