Hiring Policies for Achievement of MSPA Section 3 Hiring Goals

Current through April 7, 2022

The hiring policy as set forth herein is an essential component of any Section 3 Plan submitted to the Port Authority by Contractors and Subcontractors for approval. The Port Authority recognizes the importance of making sure that low- and very low- income residents residing in the Metropolitan Statistical Area benefit from any and all Section 3 Covered Projects built in their communities. As such, Contractors and Subcontractors are expected by the Port Authority to demonstrate in their Section 3 Plans and through their subsequent implementation of such plans that Section 3 eligible residents are included in the hiring goals and are indeed beneficiaries of the plans' hiring policies and practices.

The Port Authority, contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated from the expenditure of section 3 covered assistance to section 3 residents in the order of priority listed below. Priority consideration shall be given, where feasible, to:

* Section 3 residents residing in the service area or neighborhood in which the section 3 covered project is located (collectively, referred to as category 1 residents).2

* Other section 3 residents.

Through the incorporation of the Port Authority's Section 3 Plan into its contracts, the Port Authority will expect Contractors and Subcontractors to:

* Conduct aggressive employment outreach to a number of community based agencies for new hires;

* Accept and give preferential employment consideration to referred Section 3 eligible residents;

* Provide appropriate employment outreach signage, flyers and advertisements in order to target and inform low- and very low- income residents of employment opportunities;

* Cooperate with the Compliance Officer or its designee to undertake, to the greatest extent feasible, such efforts as they may deem necessary to achieve the Port Authority's Section 3 goals;

* Prior to beginning work, inform Section 3 participants of the development at which the work will be performed, by providing the following:

* Names of the Section 3 business concerns to be utilized

* Estimates of the number of employees to be utilized for contract

* Projected number of available positions, to include job descriptions and wage rates (construction wages consistent with Davis Bacon).

* Efforts that will be utilized to seek Section 3 participants;

* Notify the Compliance Officer or its designee of any employment opportunities prior to hiring for such opportunities;

* Immediately notify the Compliance Officer or its designee of any problems experienced due to the employment of Section 3 participants; and

* Immediately notify the Compliance Officer or its designee if a participant quits, walks off, or is terminated for any reason. The contractor or subcontractor must provide written documentation of all such incidents to support such decisions to the Compliance Officer or its designee to determine if an investigation is warranted.

2 The categories below, which are not applicable to the Section 3 covered activity referenced herein, shall be given higher priority, if and when applicable:

* Participants in HUD Youthbuild programs (category 2 residents).

* Where the section 3 project is assisted under the Stewart B. McKinney Homeless Assistance Act ( 42 U.S.C. 11301 et seq.), homeless persons residing in the service area or neighborhood in which the section 3 covered project is located shall be given the highest priority.

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