City officials are reviewing changes to a proposed ordinance that would require Somerville-subsidized construction projects to hire local workers, after a federal appeals court struck down a similar law in Fall River as discriminatory toward out-of-state workers. Lawyers for the city say that without changes to the proposed local hiring ordinance, which is under consideration by the Board of Aldermen’s Legislative Matters Committee, Somerville could be vulnerable to a court challenge potentially costing tens of thousands of dollars in legal fees. The discussion took place before a hearing last Thursday on the ordinance that drew a crowd of supporters. Advocates of the proposal said rewriting the bylaw could solve some of the uncertainty. The current draft includes a requirement that contractors receiving city subsidies worth at least $50,000 must have local residents perform at least 30 percent of the project’s work hours. Matthew Buckley, an assistant city solicitor, told the committee last week that a specific minimum percentage, such as the one proposed, was the crux of why the court overturned the Fall River law. “Even if you want to chisel around the edges, the very thing you’re trying to accomplish is the very thing the court deemed unconstitutional,’’ Buckley said. The measure’s supporters were undeterred, however, and presented an alternative version that they say would resolve the issue by exempting out-of-state workers, and changing the percentage figure to a goal instead of a required minimum. “The reality of this law is that all it would require is for construction companies to advertise in Somerville,’’ Mark Stern, a local labor lawyer, told the committee, and give residents “equal preference’’ for jobs on a project. - Matt Byrne ![]()
Somerville
© Copyright 2011 Globe Newspaper Company.
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