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O1970 (2) f.\atty\mum\laws\mJm\wageret-1.wpd City Council Meeting 4-11-00 Santa Momca, Callforma 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 of workers and their families, and WHEREAS, pnvate 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 WHEREAS, meanwhile, a competing proposal IS being Circulated In the form of an an initiative petition for a CIty Charter amendment which would enact a different type of 1 minimum wage applicable only to work done on City contracts and grants and not generally applicable to private employers, and WHEREAS, sIgnificant anxiety and uncertainty eXist within the community about the outcome of this controversy and about Its Impacts upon mdlvldual employers and employees; and WHEREAS, many of the community's lowest-paid workers have advocated for the adoption of a broadly-applicable minimum wage which would require their employers to pay a higher minimum wage, and WHEREAS, many ofthose workers' employers strongly oppose the position taken by theIr own employees, and WHEREAS, employers may react to thiS controversy by retaliatmg agamst their employees who support or oppose a local minimum wage law, and WH EREAS, 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 thiS community, NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOllOWS: 2 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, Includmg the City, may enforce the provIsions ofthls 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 aggneved employee whole. An action for Injunction underthls 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 for the 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 3 award pUnltlve damages In a proper case as defined by CIvil Code Section 3294 The burden of prooffor 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 SECTION 3 This Ordinance IS declared to be an urgency measure adopted pursuant to Section 615 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 ordmance would be subsequently declared mvalld or unconstitutional 4 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 wlthm 15 days after ItS adoption ThiS Ord lnance shall become effective upon its adoption APPROVED AS TO FORM 111 u~</~ IYJ ~- MARsHA JON?,S MOUTRI'E City Attorney 5 Adopted aDd approved tins 11 lb. day of April. 2000 ~ Ken Genser, M~~ State of Cal1forma ) County of Los Angeles) ss CIty of Santa Momca ) I. Mana M Stewart, CIty Clerk of the CIty of Santa Momca. do hereby certify that the foregomg Ordmance No 1970 (CCS) had It'S mtroductlon and adoption at the CIty CouncIl meetmg held on Apnlll. 2000, by the followmg vote Ayes CouncIl members Holbrook. Rosenstem, McKeown, Femstem, Bloom, Mayor Pro Tem O'Connor, Mayor Genser Noes Counell members None Abstam CouncIl members None Absent CouncIl members None ATTEST -- ~_~_~ ~J- Mana M Stewart, CIty'clerk