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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. 1 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.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: /-iu 2 Adopted and approved this 13th day of November, 200 1. .~ /li/ .i, //'/~. j;.. /,,1 /I/~ / Michael Feinstein,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. 2029 (CCS) had it's introduction on October 23, 2001 and _-1_.....4.:__ _... ...a.......... co_............ ..._....i,......... f"i-h,. r'_II...._iI rW"u""II..o.+i",,_ _n t-.I_u.o.rnh..o.r ... ':l ..,nn1 h\l tho. i::IUU~lIUII ellUIC' valll.C IYIVIII\.ICI UILY ,"-,VUII\JII IIlv~'-III~ VII ''''VYvllllJ'vl IVI ~vv I U, ".1- following vote: 4 \Jg,~ . ,. "y_...... 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: ~ ~ ,,- \ ~ "-eo. .-"J \ l.) ~"'L'cJ::> M~ri~ M ~tF!W~rt r.ihi ~Ip-rk ..._..~ .... _._--~._, -'-J ,-----