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HomeMy WebLinkAbout2016-12-12 17-038 ORDINANCECOUNCIL ACTION Item No. 17-038 Date: December 12, 2016 Item/Subject: ORDINANCE, Repealing Chapter 179, Minimum Wage, of the Code of the City of Bangor Responsible Department: Legal Commentary: In December of 2015, the Bangor City Council adopted a minimum wage ordinance that was to take effect on January 1, 2017 if a state minimum wage measure did not pass. In November 2016 a state wide measure raising the minimum wage passed. Under Maine law, the governor has until December 8 to sign the certification, and implementation occurs 30 days after the governor signs the certification. Implementation of the state minimum wage should therefore be by January 8. The state minimum wage will be higher than the City minimum wage, and will therefore preempt and take the place of the City minimum wage. As the City minimum wage would only last a week, repeal of the City minimum wage ordinance is appropriate, and will save businesses the difficulty and confusion of having to implement two different laws approximately a week apart. This item was discussed at the Government Operations Committee meeting on December 5, 2016. Department Head Manager's Comments: City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: Introduced for Passage x First Reading Referral AS AMENDED 17-038 DECEMBER 12, 2016 Assigned to Councilor Nichols 4 CITY OF BANGOR OR f�. �c � 4TED�,F ORDINANCE, Amending Chapter 179, Minimum Wage, of the Corte of the City of Bangor, By Changing the Effective Date to July 1, 2017 WHEREA% in December of 2015, the City Council passed a minimum gage increase set to tape effect on January 1, 2017; WHEREAS, the State of Maine passed a statewide minimum gage increase by referendum on November 8, 2016; WHEREAS# provided that the state minimum wage goes into effect as wed, the statewide minimum wage will be higher than the City minimum wage would have been; and WHEREAS the state minimum wage would therefore preempt and take the place of the City minimum wage; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 179 of the Cale of the City of Bangor be amended as foll)ws: § 179-3. Appllcabiliity,- minimum gage rates. B. Minimum wage rate. (1) On 3antia &1y 1, 2017, the minimum wage for all employees shall be established as $8.25 per hour; (2) On January 1, 2018, the regular minimum wage for all employees shall be raised to $9 per hour; (3) On January 1, 2019, the regular minimum wage for all employees shall be raised to $9.75 per hour; AS AMENDED 17-038 DECEMBER 12, 2016 (4) Effective January 1, 2020, and every first day of each January thereafter, the minimum wage for all employees shall increase at the percentage set by the Consumer Price Index fbr All Urban Consumers (CPI -U) of the previous most up-to-date 12 months as reported by the Bureau of Labor Statistics. The sum of the most recent 12 months far which there is a calculated CPI -U reported by the Bureau of Labor Statistics will be the rate by which to define the increase in the minimum wage. Additions are un_dtr_r1na deletions #ft& thmagh. 17-038 DECEMBER 12, 2016 ✓�� Assigned to Councilor Sprague 1 CITY OF BANGOR 1 R47ED.FE ,: ORDINANCE, Repealing Chapter 179, Minimum Wage, of the Cade of the City of Bangor WHEREAS, in [ember of 2015, the City Council passed a minimum wage increase set to take effect on January 1, 2017; WHEREAS, the State of Paine passed a statewide minimum wage increase by referendum on November 8, 2016; WHEREA% the state minimum wage will be higher than the City minimum wage would have been; and WHEREAS, the state minimum wage will therefore preempt and take the place of the City minimum wage; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 179 of the Code of the City of Bangor is hereby repealed, IN CITY COUNCIL DECEMBER 12, 2016 COr 17-038 MOTION MADE AND SECONDED TO WAIVE MOTION DOUBTED VOTE: 6-1 COUNCILORS VOTING YES: FAIRCLOTH, COUNCILORS VOTING NO: GRAHAM PASSED TO WAIVE SECONDiLREADING SECOND_READING NICHOLS, PERRY, TREMBLE, WESTON, SPRAGUE MOTION MADE AND SECONDED TO AMEND BY SUBSTITUTION ORDINANCE 17-038 TO CHANGE EFFECTIVE DATE TO JULY 1, 2017 VOTE: 6-1 COUNCILORS VOTING YES: FAIRCLOTH, NICHOLS, PERRY, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: GRAHAM AMENDMENT PASSED MOTION MADE AND SECONDED FOR PASSAGE AS AMENDED MOTION DOUBTED VOTE: 6-1 COUNCILORS VOTING YES: FAIRCLOTH, NICHOLS, PERRY, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: GRAHAM PASSED AS AMENDED CITY CLERK