All public and private organizations,
including the Schenectady Municipal Housing Authority, which
receive federal funds to repair or improve residential areas are
expected to provide employment or job training to local residents,
provided that the organization will be creating new personnel
positions within its own organization. Section 3 also requires
contractors and subcontractors receiving funds, directly or
indirectly, from the federally-funded organization to abide by
Section 3 regulations. Therefore, contractors hired by the SMHA
are required to comply with Section 3 if the contracts of the SMHA
require the contractor to enlarge its staff. However, if the
contract is small and does not necessitate increasing staff, that
group is outside the scope of Section 3 and need not be concerned
with it unless or until it creates new positions.
The statute enables a Section 3
participant to require that residents be qualified for the
positions they fill. If firms find it difficult to fill
positions with qualified residents, there are two ways to comply
with Section 3 without hiring inappropriate personnel. The firm
must first expand its "resident population" to include low income
residents of nearby areas, in the hopes of providing employment or
training to a qualified individual. However, if after repeated
attempts to find qualified personnel, an organization cannot fill
positions with acceptable residents, the organization may
prove that it has made a good faith effort to recruit and hire in
accordance with the statute, and may thus be considered in
compliance.
The Schenectady Municipal Housing
Authority complies with Section 3, and all contractors are asked
to consider Section 3 when making relevant hiring decisions.
Accordingly, the SMHA encourages the employment of public housing
residents or firms which are at least 51% owned by residents. In
the event that adequate personnel are unavailable in this pool,
its second choice would be a Section 8 resident; third would be a
resident of the City of Schenectady; then Schenectady County; and
then New York State. Door-to-door flyers, employment office,
community center announcements, newspaper and radio advertisements
can be used to make target populations aware of vacancies.