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City Council Meeting 11-10-81
Santa Monica, California
ORDINANCE NUMBER 1235
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SECTION 2911 OF THE SANTA MONICA
MUNICIPAL CODE AND DECLARING THE PRESENCE
OF AN EMERGENCY
WHEREAS, on August 25, 1981, the City Council of the
Ci ty of Santa Mon~ca adopted Ordinance Number 1216 (CCS)
creating a Commission on the Status of women: and
WHEREAS, the Commission was established to further the
policy of the city to give every inhabitant of the City equal
economic, political, social and educational opportunities and
to provide equal services and protection by public agencies;
and
WHEREAS, the Commission was to cons~st of all women
because it is women who have been denied by virtue of their
status as women basic human rights, resulting in inequities
in econom1C, political, legal, and social status; and
WHEREAS, the intent of the City Council 1n restricting
membership on the Commission to women was not to discrim~nate
against men but to limi t membersh~p to the class of persons
who have been the involuntary victims of gender-based dis-
crim~nation; and
WHEREAS, on September 29, 1981, a lawsuit was commenced
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in Los Angeles Superior Court by a Santa Monica resident
challenging the right of the City Council to limit membership
on the Commission to women; and
WHEREAS, on October 23,1981, a hearing was held by
Judge Laurence J. Rittenband of the Los Angeles Superior
Court on the plaintiff I s request for a preliminary injunc-
tion against implementation of the ordinance; and
WHEREAS, on October 27, 1981, Judge Ri t tenband filed
his Memorandum Decision denying plaintiff's application for a
preliminary 1njunction; and
WHEREAS, on October 29, 1981, plaintiff filed an motion
for reconsiderat10n of Judge R1ttenband's den1al of the
request for a preliminary 1njunction; and
WHEREAS, on November 6, 1981, after a hearing, Judge
Rittenband denied plaint1ff's motion for reconsideration; and
WHEREAS, on November 6, 1981, plaintiff filed a peti-
t10n for writ of supersedeas in the California Court of
Appeal to overturn Judge Rittenband's decision; and
WHEREAS, on November 6, 1981, the California Court of
Appeal denied the peti tion for writ of supersedeas without
preJudice to pla1nt1ff seeking proper relief; and
WHEREAS, on November 6, 1981, plaintiff commenced a new
action against the C1ty of Santa Monica in the united States
Distr1ct Court for the Central District of California alleg-
1ng that limiting membership on the Comm1ssion to women vio-
lates Title VII of the Civil Rights Act of 1964, 42 U.S.C.
S 2000e; and
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WHEREAS, on November 6, 1981, plaintiff sought a tem-
porary restra1ning order from United States District Court
Judge William P. Gray and requested that the deadline for
app11cations for the Comm1ssion be extended; and
WHEREAS, on November 6,1981, united States District
Court Judge Gray denied plaintiff's application for a tem-
porary restraining order, denied plaintiff's request to
extend the app11cation dead11ne, and set November 16, 1981,
as the hearing date on a request for a prelim1nary injunc-
tion; and
WHEREAS, plaintiff's latest lawsuit is frivolous in
that members of Comrn1ssions of the C1ty of Santa Monica are
exempt from Title VII of the C1vil Rights Act of 1964 pur-
suant to 42 U.S.C. S 2000e(f); and
WHEREAS, the City of Santa Monica has expended substan-
tial sums of money defending the various lawsuits brought by
plaintiff and his attorney; and
WHEREAS, notwithstanding the victories of the City of
Santa Monica, it is likely that plaintiff and his attorney
will continue litigation against the City of Santa Monica for
so long as they can receive public notorietY,from such liti-
gation; and
WHEREAS, the litigation is likely to detract from and
undermine the important work of the Commission on the Status
of Women; and
WHEREAS, the C1 ty Council desires to avoid additional
legal expenses and to proceed promptly W1 th the important
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work of the Commission on the Status of Women,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 2911 of the Santa Monica Municipal
Code is amended to read as follows:
Section 2911. Creation of
Commission on the Status of Women.
Pursuant to Section 1000 of the City
Charter, a Comm~ssion on the Status
of Women is hereby created. The
Commission shall consist of nine
members, all of whom shall be resi-
dents of the City of Santa Monica,
and shall be appointed by the City
Council. The Commission and the
Commissioners shall be subJect to
all the terms of Article X of the
C1ty Charter setting forth pro-
cedures for appointment of Com-
missioners, terms, and meetings.
SECTION 2. This ordinance is declared to be an emer-
gency measure adopted pursuant to the provisions of Section
615 of the Santa Monica City Charter and is necessary for
preserving the public peace, health and safety, and the
urgency for its adoption is set forth in the findings above.
SECTION 3. Any provis1on of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions
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of this ordinance, to the extent of such inconsistencies and
no further, l.S hereby repealed or modif ied to that extent
necessary to affect the provisl.ons of this ordinance.
SECTION 4.
If any section, subsection, sentence,
clause, or phrase of this ordinance l.5 for any reason held to
be invalid or unconstitutional by a decision of any court of
competent jurl.sdiction, such decision shall not affect the
validi ty of the remaining portions of the ordinance. The
City Council hereby declares that l.t would have passed this
ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invall.d or unconstitutional
wl.thout regard to whether any portl.on of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 5.
The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance.
The City
Clerk shall cause the same to be published once in the offi-
cial newspaper within 15 days after its adoption. The ordi-
nance shall become effective on the date of its adoption
pursuant to Section 619 of the Santa Monica City Charter.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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ADOPTED AND APP~OVED THIS
10th
DAY
OF
November
~ 1 981 .
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO.
1235
, WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 10th
DA Y OF Novembe"4
1931; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 10th DAY OF November
1981 BY'THE FOLLOHING COUNCIL VOTE:
AYES: COUnCILMEMBERS: Conn, Edwards, Press, Jennings,
Zane and Mayor Yannatta Goldway
NOES: COUNCILMEMBERS: None
ABSENT: COUHC I LMEtlBERS: Reed
ABSTAIN: COUNCILMEHBERS: None
ATTEST:
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CITY CLERK
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