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File #: 6049    Version: 0 Name: Third Party Monitoring Program for JaCo
Type: Ordinance Status: 1st. Perfection
File created: 11/20/2025 In control: Legislature As A Whole
On agenda: 12/8/2025 Final action:
Title: AN ORDINANCE establishing a third-party monitoring program for Jackson County projects and authorizing access for qualified contracted third parties to conduct site visits.
Sponsors: Manuel Abarca IV
Attachments: 1. 6049 Signed, 2. RLA, 3. third party ordinance

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

 

Title

AN ORDINANCE establishing a third-party monitoring program for Jackson County projects and authorizing access for qualified contracted third parties to conduct site visits.

 

Intro

ORDINANCE NO. 6049, December 8, 2025

 

INTRODUCED BY Manuel Abarca IV, County Legislator

 

 

Body

 WHEREAS, Jackson County is committed to transparency, accountability, and the responsible use of public funds; and,

 

WHEREAS, large-scale County projects-including public works, parks and recreation projects, infrastructure improvements, contracted construction services, and all construction-related entities operating under Jackson County-benefit from independent oversight to ensure compliance with contract requirements, safety standards, labor practices, and timely completion; and,

 

WHEREAS, independent third-party monitoring enhances public confidence, identifies issues early, reduces long-term costs, and supports the County’s internal Compliance Review Office; and,

 

WHEREAS, it is the intent of the Legislature to create a structured program allowing qualified contracted third-party monitors to conduct site visits, observe compliance, interview workers when necessary, and provide nonbinding reports to County officials; now therefore,

 

BE IT ORDAINED by the Legislature of Jackson County, Missouri, as follows:

Section 1. Establishment of the Third-Party Monitoring Program.

There is hereby established the Jackson County Third-Party Monitoring Program (“TPMP”), governed and overseen exclusively by the Compliance Review Office, with administrative coordination from the Office of the County Executive or their designee;

 

Section 2. Definitions.

For the purposes of this ordinance:

A.                     “County Project” means any construction, public works, parks and recreation, infrastructure, renovation, capital improvement, or major service contract funded in whole or in part by Jackson County;

B.                     “Third-Party Monitor” means a contracted entity approved under Section 3 to conduct site visits and compliance observations;

C.                     “Site Visit” means an in-person inspection, walkthrough, or observation of a County Project area, including review of posted documents, safety practices, labor conditions, and contract compliance indicators;

D.                     “Nonbinding Report” means a written summary of observations submitted to the County that carries no enforcement authority but may inform County decision-making;

 

Section 3. Eligibility and Approval of Monitors.

A.                     Jackson County may approve contracted third-party monitors that meet the following criteria:

1.                     Organized as a contracted third-party entity in good standing;

2.                     Demonstrated expertise in construction, labor practices, safety compliance, project management, or relevant technical fields;

3.                     No current financial interest in the County Project under review, and no contractual relationship with the primary contractor or subcontractors on that project;

4.                     No conflict of interest as determined by the Compliance Review Office;

B.                     The Compliance Review Office shall maintain a public list of approved monitors;

C.                     Approval shall be valid for three (3) years unless revoked for cause.

 

Section 4. Authority to Conduct Site Visits.

A.                     Approved third-party monitors shall be permitted to conduct site visits to any active County Project;

B.                     All monitors must possess a County-issued authorized user ID and present it upon request as a condition of site access;

C.                      All monitors must maintain a valid OSHA-10 certification and foremen, supervisors, and any individual representing the monitor on-site must also possess OSHA-10 credentials;

D.                     Third-party monitors may conduct brief, non-disruptive interviews with workers or supervisors, after which all parties shall promptly resume their duties;

E.                     Monitors shall comply with all safety requirements, security protocols, and site-specific rules of the County Project;

F.                     No person shall impede, restrict, or interfere with the responsibilities and access rights granted to the Compliance Review Office or its third-party monitors under this ordinance unless permitted by law.

 

Section 5. Scope of Observations.

Third-party monitors may observe and document:

1.                     Worksite safety conditions;

2.                     Labor practices and workforce compliance;

3.                     Adherence to project timelines;

4.                     Contract performance indicators;

5.                     Environmental compliance;

6.                     Public access and ADA considerations;

7.                     Transparency of posted permits and required notices;

8.                     Any other observable condition relevant to responsible project execution.

Monitors may conduct brief worker interviews as provided in Section 4(D).

 

Section 6. Reporting.

A.                     Within fifteen (15) days of a site visit, the monitor shall submit a nonbinding written report to:

1.                     The Compliance Review Office;

2.                     The Legislature;

3.                     The Department overseeing the project.

B.                     Reports shall be public unless otherwise prohibited by law.

C.                      The County shall review reports for issues requiring follow-up, remediation, or contractor communication.

 

Section 7. Prohibited Activity.

Third-party monitors shall not:

1.                     Issue directives to contractors or County staff;

2.                     Publicly release confidential or protected information;

3.                     Engage in advocacy, political activity, or public messaging regarding an active project under review;

4.                     Collect photographs or recordings where prohibited by contract, safety regulations, or the Compliance Review Office.

 

Section 8. Revocation of Access.

A.                     The Compliance Review Office may suspend or revoke approval of a monitor for:

1.                     Repeated violations of this ordinance;

2.                     Conflicts of interest;

3.                     Safety breaches;

4.                     Misuse of information;

5.                     Conduct undermining the integrity of the TPMP.

B.                     Revocation decisions shall be appealable to the Legislature.                     

 

Section 9. Annual Review.

The Compliance Review Office shall submit an annual report to the Legislature summarizing monitoring activity, project trends, safety findings, and any recommended updates to the TPMP.

 

Section 10. Effective Date.

 

This ordinance shall take effect immediately upon passage.

 

 

Enacted and Approved

Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.

 

APPROVED AS TO FORM:

 

 

 

____________________________                                           

County Counselor

 

 

                     I hereby certify that the attached ordinance, Ordinance No. 6049 introduced on December 8, 2025, was duly passed on ____________________________, 2025 by the Jackson County Legislature. The votes thereon were as follows:

 

 

                     

Yeas _______________                                                               Nays _____________

 

 

                     

Abstaining ___________                                                               Absent ____________

 

 

 

This Ordinance is hereby transmitted to the County Executive for his signature.

 

 

 

 

____________________                                                                                     ________________________________

Date                                                                                                                                        Mary Jo Spino, Clerk of Legislature

 

 

I hereby approve the attached Ordinance No. 6049.

 

 

 

___________________                                                                                      ________________________________

Date                                                                                                                                                           Phil LeVota, County Executive