State singles out St. Pete’s apprenticeship requirements

St. Petersburg City Council members are now scrambling to save any aspects of three ordinances supporting apprentices and marginalized trade workers.

City officials and community leaders worked for nearly a decade to codify three initiatives related to major construction projects. The ordinances, which became law in August 2019, require contractors to employ apprentices and disadvantaged workers and pay them a “responsible wage.”

However, recently enacted legislation and a July 8 court ruling have nullified the municipal initiatives. The city’s legal team urged the council to repeal the ordinances Thursday.

“We have determined that the apprenticeship requirements, disadvantaged worker requirements and wage requirements are preempted by the statute,” said Jeanine Williams, chief assistant attorney. “The statute and the legislative history …. specifically references the City of St. Petersburg’s apprenticeship ordinance.”

Amendments to House Bill 705 became law July 1. The legislation previously prevented state organizations from requiring contractors to pay employees a predetermined wage or hiring them from a “designated, restricted or single source.”

Recent changes now extend to local governments and public works projects. In addition, the Florida Gulf Coast chapter of the Associated Builders and Contractors sued the city over its ordinances.

A circuit court judge found the initiatives unlawful due to state preemption, and unconstitutional. Williams said the city could appeal Monday’s ruling, but its legal team is still processing the 14-page judgment.

Nearly everyone on the dais expressed shock over the announcement and wanted time to discern a path forward. Like many colleagues, Councilmember Gina Driscoll questioned the legal risks of waiting to repeal the ordinances.

“Great danger,” Williams succinctly replied. “That’s a good way to describe it.”

Several union representatives implored the council to refrain from repealing the ordinances or at least appeal the ruling. Brian Nathan spoke on behalf of the regional International Brotherhood of Electrical Workers and noted that Tampa and Miami officials have similar laws and “are not doing anything.”

“My best guess is that they’re looking at this city council to see what you do,” he added. “It took several members of this council several years to get this ordinance passed. Are we going to throw the baby out with the bathwater at the first sign of trouble?”

Much of the debate centered around saving the apprenticeship mandate. Multiple union representatives said the legislation focused on wage and disadvantaged worker requirements.

The city defines disadvantaged workers as those with a criminal record, veterans, the homeless, residents of the South St. Petersburg Community Redevelopment Area, those without a GED or high school diploma and someone who received public assistance in the year preceding employment.

The program has proven successful. Apprentices and disadvantaged workers completed 26.7% and 53.2%, respectively, of work hours on projects totaling $84.6 million in 2022.

Councilmember Brandi Gabbard questioned if the legislation and ruling would affect previously signed contracts. The Tampa Bay Rays recently agreed to voluntarily abide by related stipulations when redeveloping the Historic Gas Plant District.

She called trade workers the “backbone of our city” and said she wanted to avoid a “knee-jerk” reaction. “We are often the leader in this state when it comes to progressive legislation and doing what’s right for people,” Gabbard said.

“I don’t want us to be the leader in taking steps back.”

Mayor Ken Welch attends a Supplier Diversity Day event in October 2023. City officials have spent years working to increase opportunities for apprentices, disadvantaged workers and minority and women-owned small businesses.

Councilmember Lissette Hanewicz, an attorney, expressed her disappointment in the bill and judge’s order. She also favored discussing the next steps at a committee meeting.

However, she noted the ruling already established that the city’s ordinances are “null, void and stricken.” Hanewicz also said the governor could remove elected officials who neglect their lawful duty.

Councilmember Ed Montanari has long warned his colleagues that the ordinances – and related initiatives that followed – were potentially unconstitutional. He previously called the municipal legislation establishing St. Petersburg’s Minority and Women Business Enterprise program a “lawsuit waiting to happen.”

“When our city attorney tells us there’s great danger in going down this path, that should get all of our attention,” Montanari said Thursday.

He motioned to repeal the ordinances. It was not seconded, and Gabbard made a motion to discuss repealing the ordinances at an Aug. 8 Public Services and Infrastructure meeting. That passed 7-1, with Montanari dissenting.

“I just want to be very clear, on the record, that we’re not going to be enforcing these (ordinances),” Gabbard said. “I have no intention of violating the law as a city council member.”

She intends to discuss “what it means to stand up for workers in this city. And that is within our right.”