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38. <br /> LAW OFFICES <br /> COLEMAN, GLEDHILL & HARGRAVE <br /> A PROFESSIONAL CORPORATION <br /> UP L TRYON STRUT February 9, 1998 <br /> P.O.DRAWER L529 <br /> HRISROPOUCH.NORTH CAROL NA nne <br /> 919-732-2194 FRICUTIM DESK OF <br /> FAX919-732-7997 GEOFFREY E.GIMHD-L <br /> Mr. Ted Abernathy <br /> Director <br /> Orange County Economic <br /> Development Commission <br /> Post Office Box 1177 <br /> Hillsborough, North Carblina 27278 <br /> RE: Orange County Living Wage ordinance <br /> Dear Ted: <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 . 1 have borrowed generously from 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 . 1 have not addressed Orange County employees in this <br /> ordinance. Maintaining the lowest orange County employee wage <br /> rate to correspond with the Orange County Living Wage is an <br /> administrative matter. The lowest Orange County wage rate is a <br /> matter for the County' s Personnel Ordinance and the Pay <br /> Classification Plan. <br />