O1972
f:\atty\muni\laws\mjm\noretal-1.wpd
City Council Meeting 5-2-00
Santa Monica, California
ORDINANCE NUMBER 1972 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER
1970 (CCS) TO SPECIFY THE ORDER OF PROOF IN CIVIL
CASES AND TO STRENGTHEN AVAILABLE REMEDIES
IN ACTIONS BROUGHT AGAINST EMPLOYERS WHO RETALIATE
AGAINST EMPLOYEES FOR MINIMUM WAGE AND
BENEFIT ADVOCACY AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Ordinance Number 1970 (CCS) is hereby amended to read as follows:
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
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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
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payor forward pay, furnish iost benefits, or 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 for the actual damages suffered by any aggrieved
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occurrence, and for such attorney's fees and costs as may be determined by
the court in addition thereto. The court may also 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
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shall preclude any person from seeking any other remedies, penalties or
procedures provided by law.
SECTION 3. Order of Proof. In any civil proceeding brought under
this Section by an individual worker or another person, including the City,
the order of proof shall be as follows:
(a) The plaintiff must establish that he or she or the subject
worker:
(1) is orwas employed by the defendant;
(2) advocated foror against minimum wages or benefits;
and
(3) wasthereafter terminated, demoted or otherwise
penalized by the defendant.
(b) The defendant must prove a legitimate non-retaliatory
reason for the termination, demotion or penalty.
(c) The plaintiff must show that this suppo'sedly legitimate
reason was, in fact, a pretext.
SECTION 2. 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 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is.hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. 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.
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 official
newspaper within 15 days after its adoption. This Ordinance shall become effective upon
its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 2nd day of May, 2000.
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KenGen=, ~
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk ofthe City of Santa Monica, do hereby certifY that the foregoing
Ordinance No. 1972 (CCS) bad it's introduction and adoption at the City Council meeting held on
May 2nd, 2000, by the following vote:
Ayes: Council members: Rosenstein, McKeown, Feinstein, Bloom, Mayor
Pro Tern O'Connor, Mayor Genser
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST:
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