A1517 LEGAL ARIZONA WORKERS ACT 03-13-2013.PDF

Maricopa County Title: Legal Arizona Workers Number: A1517
Internal Policy Act (Compliance with ARS § 41- Issue Date: March 13, 2013
4401)
Policy Category: Compliance Approved By: Board of Revision No: N/A
Supervisors Revision Date: N/A
I. PURPOSE
To establish compliance procedures relating to the Legal Arizona Workers Act
(A.R.S. §§ 23-211 to 23-214).
II. AUTHORITY
This policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-
251.
III. APPLICATION
This Policy applies to all Employees and Elected Officials of Maricopa County,
Departments, and Special Districts.
IV. DEFINITIONS
A. Appointing Authority: An elected official, the single administrative or
executive head of a Department/Special District, or the designated
representative authorized to act in this capacity.
B. Contract: All types of agreement, regardless of what they may be called, for
procurement of commodities or services by Maricopa County through the
Board of Supervisors as required by A.R.S. Title 11. Only contractors having
a physical presence in the State of Arizona shall be subject to Legal Arizona
Worker Act verification audits.
C. Department/Special District: A department is a division of the County,
including elected offices, and/or Special District. Special Districts include the
Flood Control District of Maricopa County, Maricopa County Library District
and the Maricopa County Stadium District.
D. Elected Official: Persons enumerated in statute and elected in Maricopa
County which include Sheriff, Recorder, Treasurer, School Superintendent,
County Attorney, Assessor, Supervisors, the Maricopa County Clerk of the
Court, Justices of the Peace, Superior Court Judges and Constables.
E. Legal Arizona Workers Act: Contained in A.R.S. §§ 23-211 to 23-214, this
act prohibits employers from knowingly or intentionally employing
unauthorized aliens.
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Maricopa County Title: Legal Arizona Workers Number: A1517
Internal Policy Act (Compliance with ARS § 41- Issue Date: March 13, 2013
4401)
Policy Category: Compliance Approved By: Board of Revision No: N/A
Supervisors Revision Date: N/A
V. POLICY
A. Pursuant to the law, all Arizona employers must use E-Verify (a free Web-
based service offered by the federal Department of Homeland Security) to
confirm the employment eligibility of new hires effective January 1, 2008. It is
a violation of A.R.S. § 41-4401, government procurement, and E-Verify
requirements for a Maricopa County governmental entity to award a contract
or subcontract to obtain the labor of a person whom the employer knows is
not legally authorized to work in the United States of America. The
requirements of A.R.S. § 41-4401 became effective October 1, 2008.
B. The County’s Office of Procurement Services shall ensure that all Contracts
for services contain language related to A.R.S. § 41-4401 and the Legal
Arizona Workers Act that advises County contractors that the County requires
compliance with this law from all of its contractors.
C. Departments/Special Districts may rely upon the findings of other Arizona
jurisdictions to verify compliance by its contractors with the requirements of
the Legal Arizona Workers Act. These findings shall be counted towards the
County’s verification efforts.
D. On an annual basis, Maricopa County Internal Audit Department (Internal
Audit) shall select one or more County Contracts for Legal Arizona Workers
Act audit verification. The actual number of Contracts selected, and the audit
procedures employed, will depend upon the time and availability of relevant
County staff. Internal Audit may engage external consultants to perform
these audits.
E. Departments/Special Districts responsible for the Contracts selected shall
take the necessary steps to ensure any deficiencies identified by the audits
are corrected. Corrective action taken by Departments/Special Districts shall
be reported to Internal Audit when requested.
F. Departments/Special Districts that become aware of Contract issues or
concerns specific to the Legal Arizona Workers Act shall contact the County
Attorney’s office and/or the Office of Procurement Services to determine if
and what additional investigation is required.
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