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sr-042611-7e~® ~,tYof Clt)/ COUIICII R@p01"t Santa Monica° City Council Meeting: April 26, 2011 Agenda Item: ~E To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Ordinance Amending Chapter 4.65 of the Santa Monica Municipal Code to Require Contractors Subject to the City's Living Wage Law to Provide the Same Benefits to Workers' Domestic Partners as Are Provided to Workers' Spouses. Recommended Action Staff recommends that City Council introduce for first reading the attached ordinance, which amends the City's Living Wage Law to require that, in addition to providing a living wage, contractors also provide the same health care and other benefits to workers' same sex spouses and domestic partners as are provided to other workers' spouses. Executive Summary Council has directed staff to prepare for Council consideration a proposed equal benefits ordinance requiring that City contractors provide the same benefits to workers with same sex spouses or domestic partners as are provided to other workers' spouses. The attached, proposed ordinance fulfills that direction. The requirement is proposed as an amendment to the City's Living Wage Law so that the equal benefits requirement could be administered and enforced as part of the existing mechanism for ensuring compliance with the Living Wage Law. Background In recent years, many cities have adopted so called "Equal Benefits Ordinances" which basically ensure that city contractors do not discriminate against their employees based on sexual orientation and marital status. Cities in California that have adopted such laws include San Diego, Berkeley, Los Angeles, Oakland, and Sacramento. On October 26 2010, Council directed staff to prepare such a law for Council consideration. 1 Discussion The proposed ordinance would amend Santa Monica Municipal Code Chapter 4.65, the City's Living Wage Law. It requires that contractors working on City contracts in amounts more than $54,200 pay a minimum wage to employees working on the contract for work done on the contract, unless the contractor is a City grantee, nonprofit corporation or corporation providing banking services. The proposed amendment would require that, as to such workers, the contractor provide the same benefits to same sex spouses and domestic partners as are provided to other employees' spouses. This. requirement would ensure that City contractors covered by the Living Wage Law would not discriminate against employees based on sexual orientation or marital status. Thus, for instance, an employer that offered health insurance and other benefits to spouses would have to provide the same benefits to same sex spouses and to domestic partners. Thus, the ordinance would assist in effectuating the principle of "equal pay for equal work." Alternatives Instead of making the equal benefits requirement part of the Living Wage Law, Council could make it applicable to City contractors in general, possibly with exceptions for sole source .and small contractors, among others. Staff does not recommend this alternative. The Living Wage Law reflects Council's determination of the appropriate threshold for applying City standards to the relationship between City contractors and their employees. Moreover, making the equal benefits requirement applicable to all contracts would require establishing new administrative and enforcement mechanisms which would likely be less effective than the systems already in place for the Living Wage Law. Moreover, unlike some other cities' equal benefit laws, the City's Living Wage Law has very limited exceptions. Thus, for those contractors over the Living Wage threshold, the coverage of the proposed equal benefits law would be broader than in other cities. 2 Financial Impacts & Budget Actions Because the proposed ordinance is an amendment to the Living Wage Law, administration and enforcement would be undertaken as part of the existing system. Therefore, financial impacts attendant upon administration and enforcement would be minimal. However, those administrative costs could be significant, particularly at the outset, if the equal benefits requirement were a stand alone requirement applicable to all City contractors and not just those covered by the Living Wage Law. Prepared by: Marsha Jones Moutrie, City Attorney Approved: 0 q Mar ha Jon s Moutrie City ttorn ATTACHMENTS: A. Proposed Ordinance Forwarded to Council , Rod Gould City Manager 3 ATTACHMENT A F:\atty\mu ni\laws\mjm\Eq ualBenefitsOrd042611 City Council Meeting: 4-26-11 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4.65.025 TO THE SANTA MONCA MUNIC6PAL CODE RELATING TO EQUAL BENEFITS WHEREAS, the City of Santa Monica is committed to the principle of equal opportunities and equal pay for equal work; and WHEREAS, the City has a long history of acting to combat discrimination based on sexual orientation, or marital status; and WHEREAS, a number of cities have exercised their authority to require equal benefits for contractors' workers, regardless of sexual orientation or marital status; and WHEREAS, the City Council wishes to promote fairness,. and equality by requiring that contractors subject to the City's Living Wage Law provide the same benefits to domestic partners and to same-sex spouses as are provided to other spouses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 1 SECTION 1. Santa Monica Municipal Code Section 4.65.025 is hereby added to read as follows: 4.65.025 Equal benefit requirements for City contractors Any contractor subject to the minimum wage requirements of this Chapter shall provide the same benefits to a same-sex spouse or a domestic partner of an employee working on the City contract as are provided to any spouse of an employee working on the Citv contract. 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 of this 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. 2 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: ~~ r ~~ A HA J JES MO TRIE City Attorn 3