O1970
f:\atty\muni\laws\mjm\wageret-1.wpd
City Council Meeting 4-11-00
Santa Monica, California
ORDINANCE NUMBER 1970 (GGS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CiTY OF SANTA MONiCA PROHiBiTiNG EMPLOYER RETAliATiON
AGAINST EMPLOYEES WHO SUPPORT THE ADOPTION OF
MINIMUM WAGE AND BENEFITS LAWS
AND DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, low-income workers and other members of the public have asked the
City Council to adopt an ordinance requiring private employers in all or part of the City to
pay a local minimum wage adequate to meet the basic needs ofworkers and their families;
and
WHEREAS, private employers in the community have strongly opposed the
adoption of such a measure, asserting that it would threaten the viability of their
businesses; and
WHEREAS, the City Council has directed the preparation of a study on the impacts
of such a measure upon the City; and
WHEREAS, that study is underway; and
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an initiative petition for a City Charter amendment which would enact a different type of
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minimum wage applicable only to work done on City contracts and grants and not generally
applicable to private employers; and
WH EREAS, significant anxiety and uncertainty exist within the community about the
outcome of this controversy and about its impacts upon individual employers and
employees; and
WHEREAS, many of the community's lowest-paid workers have advocated for the
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pay a higher minimum wage; and
WHEREAS, many of those workers' employers strongly oppose the position taken
by their own employees; and
WHEREAS, employers may react to this controversy by retaliating against their
employees who support or oppose a local minimum wage law; and
WHEREAS, any such retaliation for the expression of a political view would violate
both the employees' individual rights and this community's abiding commitment to free
expression and the democratic process; and
WHEREAS, protections afforded by federal and state law against punishing
employees for expressing their views are insufficient given the circumstances of this
controversy, the disparity in resources between employers and employees, the immediate
threat to the health and safety of very low-income families attendant upon any loss of
income, and the need to preserve healthy debate, tolerance and social and economic order
in thic:: r.nmmlInitv
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Prohibition. It shall be unlawful for any person to discharge or
demote, or otherwise penalize, an employee for supporting or opposing legislation
governing wages or employee benefits.
SECTION 2. Enforcement and Penalties.
(a) Criminal Penalty. Any person who is convicted of violating this Ordinance
shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not
greater than Five Hundred Dollars ($500) or by imprisonment in the County Jail for not
more than six months, or by both such fine and imprisonment.
(b) Civil Action. Any person, including the City, may enforce the provisions of this
Chapter by means of a civil action.
(c) Injunction. Any person who commits an act, proposes to commit an act, or
engages in any pattern and practice which violates this Ordinance may be enjoined
therefrom by any court of competent jurisdiction. Such an injunction may compel an
employer to reinstate an employee, furnish back payor take any other action necessary
to make an aggrieved employee whole. An action for injunction under this Ordinance may
be brought by any aggrieved person, by the City Attorney, or by any person or entity who
will fairly and adequately represent the interest of the protected class.
(d) Other Penalties. Any person who violates or aids or incites another person
to violate the provisions of this Ordinance is liable for each and every such offense forthe
actual damages suffered by any aggrieved party or for statutory damages in the sum of
Five Hundred Dollars ($500), whichever is greater, and shall be liable for such attorney's
fees and costs as may be determined by the court in addition thereto. The court may also
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award punitive damages in a proper case as defined by Civil Code Section 3294. The
burden of proof for purposes of punitive damages shall be clear and convincing evidence.
(e) Nonexclusive Remedies and Penalties. The remedies provided in this
Ordinance are not exclusive, and nothing in this Ordinance shall preclude any person from
seeking any other remedies, penalties or procedures provided by law.
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pursuant to Section 6; 5 of the Santa Monica City Charter. As set forth in the findings
above, this Ordinance is necessary for preserving the public health, safety, and welfare.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
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SECTION 6. 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 official
newspaper within 15 days after its adoption. This Ordinance shall become effective upon
its adoption.
APPROVED AS TO FORM:
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City Attorney
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Adopted 'Dd 'ppmved thi, 11 th'" d,y of Ap,il, 2000. ~
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Ken Genser, Mayor\
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 1970 (CCS) had it's introduction and adoption at the City Council
meeting held on April 11, 2000, by the following vote:
Ayes: Council members: Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor
Pro Tern O'Connor, Mayor Genser
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~~ ~J-
Maria M. Stewart, City lerk