Jim Semelka (Oak Park) and
Kerstin von der Heide (Downers Grove) have
been a part of a prevailing wage committee that consisted of public bodies
including their legal representatives and the Metropolitan Mayors Caucus,
contractors including arborists and IAA lobbyists, and labor unions. The
committee met multiple times between March and September of 2012. The
group developed a Question and Answer format or FAQ for trees and landscaping,
and how and when the Prevailing Wage Act applies. The committee members
then met with the Director of IDOL, Mr Joseph Costigan, his legal staff and top
management level employees on Dec 12, 2012, and then a follow-up meeting
March 18, 2013. Director Costigan indicated IDOL would prepare a
response to the committee's FAQ with a revised version. I have attached
their response which I read as favorable for diseased/hazardous tree removal
and replacement tree plantings - specifically that it is uncovered work.
Please read all items of the attached FAQ carefully and review
your individual scenarios and contracts with your Directors and Legal staff.
IDOL staff was very clear that the Prevailing Wage Act requires that
public bodies MUST state whether the work is covered or not covered by the
Prevailing Wage Act, and is encouraging contractors to report public bodies to
the Attorney General's office if public body contracts are vague (ie contract
language that implies the contractor must determine if the PW Act applies
etc.). Also, terminology needs to change and no longer use the word
"maintenance", but instead work is either covered or not
covered by the PW Act - this is both in verbal and written contexts.
This information will be posted by the Council of Governments
and the Metropolitan Mayors Caucus indicated they will put it on their website.
Thank you to everyone who worked very hard to help hold the line
on our municipal costs.