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LAW OFFICES <br />COLEMAN, GLEDHILL & HARGRAVE <br />A PROFESSIONAL CORPORATION <br />129 E. TRYON STREET <br />P. O. DRAWER 1529 <br />HILLSBOROUGH. NORTH CAROLINA 27278 <br />919- 732 -2196 <br />FAX 919 - 732.7997 <br />February 9, 1998 <br />Mr. Ted Abernathy <br />Director <br />Orange County Economic <br />Development Commission <br />Post Office Box 1177 <br />Hillsborough, North Carolina 27278 <br />RE: Orange County Living Wage Ordinance <br />Dear Ted: <br />FROM THE DESK OF <br />GEOFFREY E. GLEDH LL <br />Enclosed is a draft Living Wage Ordinance for consideration <br />by the Orange County Board of Commissioners following the public <br />hearing to be held on February 23, 1998. There are a couple of <br />things about this ordinance that are worth mentioning at this <br />time. <br />1. The December 1, 1997 Board of Commissioners meeting <br />agenda materials included a staff recommendation to include <br />construction contracts in the Living Wage Ordinance. For that <br />reason, I have included them in this ordinance. However, any <br />construction contract subject to federal or State bidding <br />requirements and particularly the lowest responsible bid <br />requirement of North Carolina law are going to, in my opinion, <br />escape coverage under this ordinance. This is so because the <br />State law has "preempted" the field with respect to contracts <br />covered by the public bidding laws. Any local requirement which <br />requires the County to award a construction contract to someone <br />who is not the lowest responsible bidder will not survive a legal <br />challenge. <br />2. I have borrowed generously frcm the remedies provision <br />of the Liveable Wage Ordinance recently adopted by the City of <br />Durham. With respect to administration and remedies, it is the <br />most comprehensive of the ordinances that I reviewed. It also <br />demonstrates_ the degree of County administration that will be <br />necessary to enforce a living wage ordinance. <br />3. I have not adi <br />ordinance. Maintaining <br />rate to correspond with <br />administrative matter. <br />matter for the County's <br />Classification Plan. <br />Iressed Orange County employees in this <br />the lowest Orange County employee wage <br />the Orange County Living Wage is an <br />The lowest Orange County wage rate is a <br />Personnel Ordinance and the Pay <br />3a <br />