Luzerne County Council to discuss ‘responsible contractor’ proposal

Luzerne County Council is set to discuss a proposed “responsible contractor” ordinance Tuesday that would require prospective contractors to participate in apprenticeship programs and meet other conditions to perform county construction projects over a set dollar amount.

The proposed threshold is for county projects costing $100,000 or more, although there’s discussion it may be increased to make the package more amenable to a council majority.

County Councilwoman Brittany Stephenson introduced the ordinance, saying in a release it is a “major reform in public contracting” that would “protect taxpayer dollars and strengthen the local workforce.”

The ordinance is up for discussion at Tuesday’s 6 p.m. work session at the county courthouse on River Street in Wilkes-Barre. Ordinances require introduction by at least four of 11 council members to advance to a public hearing and vote at a future meeting, when a majority vote is required for passage.

According to the ordinance posted to the agenda:

To achieve the goal of selecting responsible contractors for public projects and safeguarding the county’s investments, prospective contractors and subcontractors must meet clearly defined, pre-established minimum standards of responsibility that include criteria related to technical qualifications, competency, experience, adequacy of resources and satisfactory records of past project performance, safety, legal compliance and business integrity.

“Additionally, recognizing the critical role that skilled construction craft labor plays in public works projects, along with the challenges posed by limited availability and potential labor shortages, it is essential for contractors and subcontractors to participate in established, formal apprenticeship training programs,” it said. “This requirement aims to promote successful project outcomes and ensure the development of a skilled workforce for future needs.”

As a condition for performing work governed by the ordinance, a general contractor, construction manager or other lead or prime contractor seeking a contract award must, among other conditions:

• Employ craft employees in the trades and classifications necessary to successfully complete the project.

• Pay all craft employees working on the project the prevailing wage rates and fringe benefits required by applicable federal, state or local laws.

• Participate in a Class A Apprenticeship Program or an equivalent training program for at least three of the past five years for each trade or classification in which it employs craft workers and maintain participation throughout the duration of the project to ensure employees are graduates of a state-registered or federally-registered apprenticeship program or equivalent training.

Apprenticeship programs are formal training programs approved by the U.S. Department of Labor or a state agency, providing hands-on training and education to develop skilled workers. A Class A Apprenticeship Program graduates apprentices to journeyperson status for at least three of the past five years.

Prevailing wage is the standard wage and benefits rate determined by Pennsylvania’s Prevailing Wage Act or the Federal Davis-Bacon Act for workers on public works projects, it said.

Public works projects are any construction, demolition, alteration or maintenance projected funded by the county that meet the dollar amount stated in the ordinance, which was proposed at $100,000 or more.

History

Prior county majority commissioners had approved a project labor agreement in 2005 and a more stringent responsible contractor agreement in 2009 for projects over $25,000.

Several nonunion contractors had implored the commissioners to reject the agreement in 2009, saying it would decrease competition and increase public spending on construction. Advocates said the pact would create a level playing field and prevent nonunion contractors from using unskilled or underpaid workers to land contracts.

In December 2015, under the home rule government structure, a council majority voted to terminate the 2009 responsible contractor agreement.

The issue resurfaced in January 2016, when a local union leader urged council to reconsider termination of the 2009 agreement, prompting more feedback from representatives on both sides of the issue. An altered version was on council’s agenda at the start of 2017 but was rejected by a council majority.

Advocates

Stephenson said in the release the ordinance is a “true investment in the people of Luzerne County” because it ensures county-funded projects are completed efficiently, safely and with accountability while also strengthening workforce development and protecting taxpayer dollars.

“With this legislation, we are setting a foundation for our community by ensuring that public projects create good-paying jobs, support local workers, and hold contractors to the highest standards of fairness and accountability.”

The ordinance does not eliminate competition and instead ensures that bidding is fair and responsible, the release said.

“Bidding will still be competitive, but it will prioritize quality, experience, and workforce training, not just the lowest price. This levels the playing field for contractors who follow the rules, treat workers fairly, and invest in training,” it said.

It also argues the setting of higher standards for contractor accountability will help prevent cost overruns, project delays and substandard work.

The requirement to participate in Class A apprenticeship programs will guarantee a “pipeline of well-trained workers,” it said, adding that the investment in workforce development will help address the construction labor shortage and create good-paying jobs for county residents.

The ordinance also introduces stronger contracting vetting of companies and oversight of off-site fabrication, it said.

Contractors caught submitting false or misleading information will face a three-year ban from county projects.

The release included comments from Stephenson’s three fellow Democratic council members — Jimmy Sabatino, Patty Krushnowski and Joanna Bryn Smith:

Sabatino emphasized the ordinance’s impact on workforce development, stating, “This ordinance is about fairness, safety, and accountability — but it’s also about investing in our workforce,” he said.

”It ensures that public projects aren’t just about bricks and mortar but about investing in people — giving workers the training, protections, and wages they deserve. This isn’t just policy; it’s a commitment to a workforce that’s stronger, safer, and built to last.”

Krushnowski highlighted the workforce benefits.

“By prioritizing skilled apprenticeship programs, we’re building a stronger future for Luzerne County workers. This ordinance ensures that public projects create good jobs and opportunities for local families, building our future with local talent from our own high schools.”

Bryn Smith said the ordinance is “overdue for Luzerne County” and that she is “proud to be a part of its introduction.”

“This RCO will not only keep our taxes down, but it will also support our current efforts, such as the excellent apprenticeship skilled trade programs at our impressive Luzerne County Community College,” she said. “I am proud to endorse legislation that will promote a living wage and ensure that Luzerne County’s contractor-hiring process is fully transparent.”

For passage, votes will be needed from at least two of the Republican council members. The Republican council members: Harry Haas, Kevin Lescavage, Chairman John Lombardo, LeeAnn McDermott, Chris Perry, Vice Chairman Brian Thornton and Gregory S. Wolovich Jr.