O2029
f:\atty\muni\laws\mjm\retaliation2-1.wpd
City Council Meeting 11-13-01
Santa Monica, California
ORDINANCE NUMBER 2029 (GGS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 4.64.030 RELATING TO BURDEN
OF PROOF IN MATTERS INVOLVING EMPLOYER
RETALIATION AGAINST EMPLOYEES WHO SUPPORT THE ADOPTION
OF MINIMUM WAGE AND BENEFITS LAWS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.64.030 is hereby amended
to read as follows:
SECTION 4.64.030. Burden of Proof. In any civil proceeding
brought under this Chapter, if the plaintiff establishes that he or she or the
subject worker was employed by the defendant, advocated for or against
minimum wages or benefits, was thereafter terminated, demoted or
otherwise penalized by the defendant, and that action took place within sixty
(60) days after such advocacy, then a rebuttable presumption shall arise that
the employer's action was taken in retaliation for the exercise of rights
protected by this Chapter. The defendant shall then have the burden of
proving a legitimate, non-retaliatory reason for the action.
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SECTION 2. 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inconsistencies and no further, is hereby repealed or modified to that extent necessary to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 3. 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 ofthis 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 4. 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 30
days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 13th day of November, 200 1. .~
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Michael Feinstein,Mayor
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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. 2029 (CCS) had it's introduction on October 23, 2001 and
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following vote:
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Council members: Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro
Tern Bloom, Feinstein
Noes:
Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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