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O2031 F :\atty\mu n i\laws \mj m\re h i ri ng-2. wpd ("if" r-nllnr-il ""aotinn 1 ')_11_(\1 "-'ILJ ,,",VUII'-'II IYI............III~ 1&"-- I I -v I l::.",nt", I\Anni"", r",lifnrni", -.....,........ ...............,......, -........."""......... 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 '^,I-lI=RI=Al::. mn",t InlA/_inrnm<> IAInrk'<>r", <>mnln\/<>rl h\/ \/i",itnr_",<>n/inn hi I ",in<>"''''Ac:. in .., I_' ...-.. "-, ................ .....,.. ..................... ......................... ...................J.......... """-J .............. .......... ....::1 ....-................................ .,. ......................... ......_.................... ....._...... 1.-..............1.... .....& L..................L........I...J ...L........ L............._ ....._:..--..........1 _...........................:.....:I:...~. +....._ .........................:........... ...10.......:_ 1I1t::~t:: alt::a~ alt:: IIt::aU~ UI IIUU~t::IIUIU WIIU Ut::al fJlllllalY 1t::~fJUII~IU"ILY IUI ~Ul-'fJUILlII\:j L110" 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 C"""III.o.\/~r~ Drnn.or+i.o.C" ~rli~,....o.n+ +" +ho. .o~C"+ ~irlo "f Cnllr+h c+....o.o+ hohA/.o.o.n L.,IVUlvYUIY. I IVtJvILlV..:;J C;;I\..IJQ'VVIIL LV Lllv \;OQ..,L .o;J1\....v VI I \.IUILII VLlv1;iL L,lvLYVVVII Pico Boulevard and Colorado Boulevard are included within the area defined 2 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 ",."C"C" l"'o.,..o.in+C" _\10.1'" (tJ:;. ..,.,illi,..\I., in +ho. \I.o.~,. 'Jnnn .f_r- +h'"'to+ 1_,....,,+i_1""I ~IVwO IvvvlfJl.v VVvl ,,","" 1llllllVII III I., Iv 1 'Cia I 'vvv IVI L1IClL IVvc;;lLIVII. 3 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. .6.11 nf the nrf'\\Jicif"\nc nf thic (,:h~ntcr nl'" !Jln\l n!:llrt thar.anf l"'r'\!JH h.o. I "II '-"_ "'11_ ...,._......,...."...., '-"I '-IIIOJ _11_1'-'''_', _. .....,'~ ....,........ ""'____1, IIIf.AS ""''-'' 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. 4 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 .o.ff.o.,...+ th.a n"'''\lic-innC'' ,.."f thic- {')r,4in--:Jinf"o vii""'''''''' Lllv tJIVYI~IVII..:;ll VI LlII..:J .....,IYII.OIIIV\J. 5 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: l!/'l6~~ cit~ Att~r~~V-~ ...--.. u_ 6 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