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,
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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 .
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