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O1972 (2) f \atty\mum\laws\mJm\noretal-1 wpd City Council Meetmg 5-2-00 Santa MOnica, California ORDINANCE NUMBER 1972 (CCS) (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICAAMENDING 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 Ordmance 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 othelWlse penalize, an employee for supporting or opposing legislatIon governmg wages or employee benefits. SECTION 2. Enforcement and Penalties. (a) Criminal Penalty. Any person who IS convicted of vlolatmg 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 1 imprisonment In the County Jail for not more than six months, or by both such fine and impnsonment (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 Junsdlctlon Such an Injunction may compel an employer to reinstate an employee, furnish back payor forward pay, furmsh lost benefits, or take any other action necessary to make an aggneved 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 aggneved party, for statutory damages In the sum of Five Hundred Dollars ($500) per 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 Ordmance 2 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 or was employed by the defendant; (2) advocated for or against minimum wages or benefits, and (3) was thereafter 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 supposedly 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 preservmg 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 3 mconslstencles 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 mvalld or unconstitutional by a decIsIon of any court of competent JUriSdiction, such deCISion shall not affect the validity of the remammg portions ofthls Ordmance 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 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: 7 Lft[aixuLIlI~ MARSHA JO@S MOUTRIE City Attorney 4 Adopted and approved this 2nd day of May, 2000. ~~ --- State ofCahfonua ) County of Los Angeles) ss. City of Santa Monica ) I, Mana M Stewart, City Clerk of the City of Santa Monica, do hereby certifY that the foregoing Ordinance No. 1972 (CCS) had it's introductIon and adoptIOn at the City Council meeting held on May 2nd, 2000, by the following vote Ayes: Council members: Rosenstem, McKeown, Feinstein, Bloom, Mayor Pro Tern O'Connor, Mayor Genser Noes: COWlcil members None Abstain: Council members: None Absent: COWlcil members Holbrook ATTEST ....... ~~-~~ Maria M Stewart, City C\erk