Other/Miscellaneous Request Template (Appointments; ROW; Code Changes; Zoning Action, etc.)
Date Submitted: 1-23-2023
Requesting Agency: Mayor’s Office
Division:
Subject Matter Expert Name: Skye Stuart
Email Address: Skye.Stuart@denvergov.org
Phone Number:
Item Title & Description:
(Do not delete the following instructions)
These appear on the Council meeting agenda. Initially, the requesting agency will enter a 2-3 sentence description. Upon bill filling, the City Attorney’s Office should enter the title above the description (the title should be in bold font).
Both the title and description must be entered between the red “title” and “body” below. Do not at any time delete the red “title” or “body” markers from this template.
title
A bill for an ordinance repealing the requirement to include a “worker without authorization” clause in city contracts, and related provisions, from the Denver Revised Municipal Code.
Repeals Denver Revised Municipal Code Article IV Division 5 to remove requirements for city verification of contractor employee lawful employment status in conformance with changes to state law. The Committee approved filing this item at its meeting on 1-24-2023.
body
Affected Council District(s) or citywide? Citywide
Executive Summary with Rationale and Impact:
Detailed description of the item and why we are doing it. This can be a separate attachment.
• In 2006, the Colorado General Assembly adopted HB06-1343 which imposed requirements for public contracts for services with state agencies or political subdivisions (like the city). It
o Prohibited the city from entering into or renewing any public contract for services with a contractor who knowingly employs or subcontracts with an “illegal alien” to perform work under the contract
o Required contractors to confirm the employment eligibility of all employees who are newly hired to perform work under the public contract for services through the federal E-verify program
• In 2010, Denver Councilmembers initiated and adopted a bill to codify this state statute, along with additional requirements for Auditor oversight and termination procedures.
• During the 2021 legislative session, the General Assembly, through SB21-199, repealed a variety of prohibitions related to immigration status in statute, including the requirements around city contracts set by HB06-1343.
• In order to conform with state law, remove the city from the business of immigration enforcement, continue our work as a welcoming city, and lessen the administrative burden on city contractors, the City is now proposing to repeal Article IV, Division 5 of the Denver Revised Municipal Code.
• Nothing in this bill changes Federal requirements for verification of lawful employment status or use of E-verify
Address/Location (if applicable):
Legal Description (if applicable):
Denver Revised Municipal Code (D.R.M.C.) Citation (if applicable):
Denver Revised Municipal Code Article IV Division 5
Draft Bill Attached? Yes