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HomeMy WebLinkAbout059 - Immigration Reform 1986 ADMINISTRATIVE ORDER NO _ 59 TO : All Departments June 25 , 1987 FROM : Gary Crutchfiel Manager SUBJECT : COMPLIANCE WIT IMMIGRATION REFORM CONTROL ACT OF 1986 - P . L . 99-603 . The following Administrative Order is effective immediately : I . PURPOSE : To establish a personal identity and employment eligibility verification system, designed to prevent the employment of unauthorized aliens and comply with the provisions of the above subject Act . II . DEFINITION : The law defines the term " unauthorized alien" as an alien 1 ) not lawfully admitted for permanent residence or ( 2 ) not authorized to work through statute or by the Immigration and Naturalization Service ( INS ) . III . SCOPE : This Order shall apply to all full -time , part-time and seasonal and temporary positions . IV . RESPONSIBILITY : The Personnel Officer , in conjunction with • all department and division heads , is responsible for the mandates of this Order , in accordance with the procedures set forth below . A . Hiring and Recruitment Policy . Since it is unlawful for the city , or any person employed by the city to hire, or to recruit for employment an alien with knowledge that the alien is unauthorized to work , it shall be the policy of the City of Pasco that no person be hired or recruited for employment with knowledge , no matter how obtained , that the person is an unauthorized alien . A department or division head who believes they have knowledge that an applicant for city employment is an unauthorized alien , shall immediately disclose such fact to the city 's Personnel Officer . When the city ' s Personnel Officer believes he has information that an applicant for employment is an unauthorized alien , he shall immediately advise the City Attorney , who with the Personnel Officer shall determine the appropriate course of action . B . Verification of Identity and Authorization to Work . The law requires the city to verify the employment status of all newly- hired persons by examining certain documents to establish the applicant' s identity and authorization within 24 hours of their employment . Under no circumstances shall a newly- hired person be allowed to work until the department or division head has received from the Personnel Officer a signed statement that the applicant's identity and authorization to work has been established and an " Employment Eligibility Verification" Form 1 -9 has been completed and is on file in the Personnel Office . The • identity and authorization for employment of all employees hired between June 1 , 1987 and the effective date of this Order shall be established pursuant to the procedures herein no later than June 30 , 1987 , including a signed Form 1 -9 . The Personnel Officer ( or City Attorney in the absence of the Personnel Officer ) shall require proof of the applicant' s identity and authorization to work by one of the following means : 1 . If an applicant for employment provides to the Personnel Officer at least one of the following documents , both the applicant ' s identity and employment authorization will be considered established : a ) A U . S . Passport . b ) Certificate of U . S . Citizenship , INS Form N -560 . c ) Certificate of Naturalization , INS Form N -550 . d ) An unexpired foreign Passport properly endorsed to show work authorization . e ) An Alien Registration Receipt Card , INS Form 1 - 15 , or Resident Alien Card , INS Form 1 -551 , containing photograph of applicant . f ) A Temporary Resident Card , INS Form 1 -688 , or Employment Authorization Card , INS Form 1 -688A • containing photograph of applicant . 2 . If an individual is unable to present one of the documents listed above , the Personnel Officer must examine the following documents to establish employment authorization . a ) . A valid Social Security Card ; or b ) A United States Birth Certificate or Certificate establishing United States Nationality at Birth . In addition to the above , the Personnel Officer must examine a document which establishes an individual ' s identity . This can be satisfied by : a ) A Driver ' s License ; or b ) A State Picture Identification Card ; or c ) A Resident Alien Card ( " Green Card " ) , C . Employment Eligibility Verification , Form 1 -9 . The Personnel Officer shall require that an applicant for employment , prior to hiring , attest under penalty of perjury , on an " Employment Eligibility Verification" , Form 1 -9 , that the individual is an authorized alien . The Personnel Officer is responsible to see that the form is completed and all required information given . • D . Record Keeping . The Personnel Officer shall retain the verification form and make it available for inspection by the Department of Labor and the Immigration and Naturalization, 2 - r s Service . The verification form must be retained for three years from the hiring date or one year from the individual ' s termination date , whichever occurs first . 1 . The Personnel Officer shall make a photocopy of the document or documents presented by an individual to verify their identity and authorization to work . 2 . The photocopy shall be placed in the individual ' s personnel file . E . Contract Labor . The law prohibits the city from using a "contract , subcontract , or exchange" to "obtain the labor" of an alien , knowing that the alien is an unauthorized alien . If the Personnel Officer or a department or division head believes that they have knowledge that a contractor or subcontractor or potential contractor or subcontractor is or anticipates using an unauthorized alien on their work force , the Personnel Officer shall be advised and he shall immediately consult with the City Attorney for the appropriate course of action . V . DISCRIMINATION PROHIBITED : The Act specifically prohibits discrimination in employment against non - U . S . citizens who are in the U . S . as legal residents and are authorized to work in this country . Therefore , all means of discrimination against • non - U . S . citizens who are in the U . S . as legal residents and who are authorized to work in this country in any phase of the employment or pre-employment process is strictly prohibited . • - 3