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ORDINANCE.203.l (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING CHAPTER 4.65 TO THE SANTA
MONICA MUNICIPAL CODE CREATING REQUIREMENTS
FOR THE RECALL FROM LAYOFF OF EMPLOYEES
OF CERTA!N BUS!NESSES LOCATED!N THE
COASTAL ZONE AND EXTENDED DOWNTOWN CORE
WHEREAS, the nation has, for many months, been in economic decline; and
WHEREAS, the terrorist attacks of September 11, 2001 exacerbated the adverse
economic conditions; and
WHEREAS. tourism and visitor-serving industries have suffered particularly dire
economic consequences; and
WHEREAS, many low-income Santa Monica workers are employed in visitor-serving
industries; and
WHEREAS, in Santa Monica, these industries are concentrated in the Coastal Zone
and extended downtown core; and
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families; and
WHEREAS, in recent weeks, many of these workers have been laid off without any
reassurance that they will be recalled to their jobs when economic conditions improve; and
WHEREAS, the City has an interest in promoting a stable workforce within the
community and within its primary industries; and
WHEREAS, heads of household and others who are unemployed and therefore
cannot support their families must rely on public resources to meet their basic needs; and
WHEREAS, requiring the fair recali of Santa Monica workers will promote the
community's welfare,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Chapter 4.65 is hereby added to the Santa Monica Municipal
Code to read as follows:
CHAPTER 4.65
RECAll OF WORKERS
Section 4.65.010. Definitions.
Coastal Zone. That area bounded by the Pacific Ocean on the west,
by the City borders on the south and north, and on the east by the Lincoln
Boulevard centerline south of Pico Boulevard and Fourth Street north of Pico
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Pico Boulevard and Colorado Boulevard are included within the area defined
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by this subsection; otherwise the Fourth Street boundary shall be at the
centerline,
Extended Downtown Core. That area bounded by Ocean Avenue on
the west, Wilshire Boulevard on the north, Fifth Street on the east, and
Colorado Boulevard on the south. Properties on both sides of the boundary
streets shall be included within this definition.
Employee. Any person who does not actuaiiy work as a manager,
supervisor, or confidential employee, and who is not required to possess an
occupational license.
Laid Off Emplovee. Any employee who was employed by the
employer for six months or more and whose most recent separation from
active service occurred after September 11, 2001, and was due to lack of
business, a reduction in force or other, economic, non-disciplinary reason.
Lenqth of Service. The total of all periods of time during which an
employee has been in active service, including periods of time when the
employee was on leave or on vacation.
Section 4.65.020. Applicability of Requirements.
The requirements of this chapter shall apply to employers doing
business at a location in the Coastal Zone or Extended Downtown Core with
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Section 4.65.030. Right of Recall.
(a) Preference for Laid Off Emoloyees. An employer shall offer in
writing, to the last known address of laid off employees, all positions which
are or become available after the effective date of this Chapter for which the
laid off employees are qualified. A laid off employee is qualified for a position
if the employee: (1) held the same or similar position at the same site of
employment at the time oIthe empioyee's most recent separation from active
service with the employer; or (2) is or can be qualified for the position with
the same training that would be provided to a new employee hired into that
position. The employer shall offer positions to laid off employees in an order
of preference corresponding to categories (1) and (2) in the preceding
sentence. Where more than one employee is entitled to preference for a
position, the employer shall offer the position to the employee with the
greatest length of service with the employer at the employment site.
(b) Time Limit. A laid off employee who is offered a position
pursuant to this Chapter shall be given no less than ten (10) days in which
to accept or decline the offer.
Section 4.65.040. Supercession by Collective Bargaining
Agreement.
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waived in a bona fide collective bargaining agreement, but only if the waiver
is explicitly set forth in such agreement in clear and unambiguous terms.
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Unilateral implementation of terms and conditions of employment by either
party to a collective bargaining relationship shall not constitute, or be
permitted as, a waiver of all or any part of the provisions of this Chapter.
Section 4.65.050. Remedies.
Any person, including the City, may enforce the provisions of this
Chapter by means of a civil action for injunctive and monetary relief. The
burden of proof in such cases shall be preponderance of the evidence. Any
person who violates or aids another person to violate the provisions of this
Chapter 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, 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 award punitive damages to any plaintiff, including the City, 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.
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
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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 11th day of December, 2001.
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. 2031 (CCS) had it's introduction on November 27,2001 and
was adopted at the Santa Monica City Council meeting on December 11, 2001 by the
following vote:
Ayes:
Council members: Genser, Bloom, Mayor Pro Tem McKeown, Mayor
Feinstein
Noes:
Council members: Katz
Abstain: Council members: None
Absent: Council members: Holbrook, O'Connor
ATTEST:
~
Maria M. Stewart, C ty Clerk