HomeMy WebLinkAbout690241.tiffROY ROMER
Governor
JOHN J. DONLON
Executive Director
DEPARTMENT OF LABOR AND ELL( {NT
OFFICE OF THE EXECUTIVE DIRECTOR �+n.. • • ; ^ ^ ^
1575 Arapahoe Street
Tower 2. Suite 400
Denver, Colorado 80202.2117
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ADVISORY NOTICE TO LOCAL GOVERNMENTS
AND CONTRACTORS
It has come to the attention of the Department of Labor &
Employment that Colorado local government bodies may not all be
aware that there are provisions in the state statutes requiring
that workers on public work projects be 80% state residents.
Although the Department has no direct role in enforcing these
provisions, it does have general responsibility to inquire into
labor relations and employment conditions. Therefore, I am
issuing this advisory notice to inform Colorado government bodies
and contractors of these provisions so that they may review their
contracting procedures for compliance with the sections of law
quoted below.
Section 0-17-101, C.R.S., states: "Whenever any public works
financed in whole or in part by funds of the state, counties,
school districts, or municipalities of the state of Colorado are
undertaken in this state, Colorado labor shall be employed to
perform the work in the extent of not less than eighty percent of
each type or class of labor in the several classifications of
skilled and common labor employed on such project of public
works. "Colorado labor" as used in this article means any person
who is a resident of the state of Colorado at the time of
employment, without discrimination as to race, color, creed, sex,
age, or religion except when see or age is a bona fide
occupational qualification."
In addition, under section 8-17-102, C.R.S., all "contracts let
for public works financed in whole or in part by funds of the
state, counties, school districts, or municipalities of the state
of Colorado shall contain provisions for the preference in
employment of Colorado labor."
Violations of these sections by any officer or agent of Colorado
state or local government bodies or by any contractor may result
in conviction of a misdemeanor, a fine of up to $500, up to one
year's imprisonment or both fine and imprisonment under section
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8-17-103, C.R.S. Since the sanctions for violation are criminal
penalties, suspected violations would be reported to the local
law enforcement agency or to the district attorney rather than to
the Department of Labor & Employment.
Fair and lawful public works contracting is vital to the state's
working climate and provides important employment opportunities
for Colorado citizens. I urge public entities responsible for
letting contracts for public works and potential bidders on those
contracts to bring their practices fully into compliance with
sections 8-17-101 and 102, C.R.S.
Issued this �` day of December, 1995.
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