HomeMy WebLinkAboutResolution No. 22-8125 - Calling the General Municipal Referendum Election on 11-05-24 for Ballot Question to Establish Heathcare Workers Min Wage in DowneyRESOLUTION OF • OF OF •
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
REFERENDUM ELECTION ON NOVEMBER 5, 2024 FOR THE SUBMISSION
TO THE QUALIFIED VOTERS OF THE CITY OF DOWNEY, AN ORDINANCE
i:'rNG THE CITY'S MUNICIPAL CODE TO ESTABLISH A MINIMUM
WAGE OF l PER HOUR FOR QUALIFYING HEALTHCARE WORKERS
THE CITY OF DOWNEY; REQUESTING THE COUNTY OF LOS ANGELES TO
CONSOLIDATE SAi ELECTION WITH THE STATEWIDE GENERAL
ELECTIONOF i AND SETTING RULES AND DEADLINES •
ARGUMENTS AND- i e AND AGAINST THE ORDINANCE
WHEREAS, pursuant to authority provided by the California Elections Code sections 9200
et. seq., on May 17, 2022 a group of Downey residents filed with the City of Downey, a signed
petition seeking to enact an initiative ordinance which would add Chapter 13 to Article VI of the
Downey Municipal Code to establish a minimum wage of $25.00 per hour for qualifying healthcare
workers working in the City of Downey (the "Ordinance"); and
WHEREAS, at a regular meeting of the City Council on July 12, 2022, the City Clerk,
through the Los Angeles County Registrar of Voters, certified that the form of the initiative petition
complied with California Elections Code and, based upon an examination of voter registration
records, was signed by the requisite number of Downey registered voters (10%) to qualify the
Ordinance for the ballot under the Elections Code; and
WHEREAS, on July 12, 2022, in lieu of placing the Ordinance on the ballot, the City
Council voted in favor of its adoption without alteration, as authorized by Elections Code section
9215(a); and
WHEREAS, the Ordinance was scheduled to become effective 30 days after Council
adoption, on August 11, 2022, unless it was challenged by referendum petition; and
WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et.
seq., on August 10, 2022 another group of Downey residents timely filed with the City of Downey,
a signed petition protesting the Ordinance by referendum which, if the referendum qualifies, would
suspend the effective date of the Ordinance, require that the City Council reconsider the
Ordinance and either repeal it in its entirety or submit it to a vote of Downey voters; and
WHEREAS, pursuant to California Elections Code section 9237, a referendum petition
must be filed with the City in valid form and signed by not less than ten percent (10%) of the
registered voters of the City in order to qualify; and
WHEREAS, according to Los Angeles County voter records, the minimum signature
requirement in order to qualify the referendum for the ballot is 6,452 registered City voters; and
WHEREAS, the City Clerk, through the Los Angeles County Registrar of Voters, has
certified that the form of the referendum petition complies with California law and, based upon an
examination of voter registration records, has ascertained that the petition is signed by the
requisite number of voters to qualify the Ordinance for the ballot under the Elections Code, unless
it is repealed by the City Council; and
WHEREAS, the City Council has not voted to repeal the Ordinance; and
WHEREAS, pursuant to California Elections Code section 9237, because the petition was
signed by the requisite number of voters and the Ordinance was not repealed by the City Council,
PAGE 2
1 Lei 1 Or. 1 K;4 r-161 I Lei 0
ME 0 0
WHEREAS, the City Council is therefore authorized and required by California Elections
Code section 9241 to submit the proposed Ordinance to the voters at either its "next regular
municipal election" or at a special municipal election called for that purpose, occurring not less
than 88 days after the date of the order of election; and
WHEREAS, the next "regular municipal election" that is not less than 88 days after the
date of this Resolution would be Downey's General Municipal Election to be held on Tuesday,
November 5, 2024; and
WHEREAS, the City Council desires to place the Ordinance before Downey voters at the
November 5, 2024 General Municipal Election; and
WHEREAS, the specific terms of the Ordinance are attached hereto as Exhibit "A" and by
this reference made an operative part hereof, and in accordance with all applicable laws; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the precincts,
polling places, voting centers and election officers of the two elections be the same, and that the
Los Angeles County election department canvass the returns of the General Municipal Election
and that the election be held in all respects as if there were only one election; and
WHEREAS, it is also desirable to establish deadlines and rules for the submission of
written arguments and rebuttals for and against the Ordinance in accordance with applicable
California Elections Code procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing
recitals are true and correct, and are incorporated herein and by this reference are made an
tperative part hereof.
11111 r I U10 a5 r-XHIL)II 0 is esoiu 1 n
by this reference as if fully set forth herein.
SECTION 3. Ballot Question. The City Council, pursuant to its right and authority,
:�oes hereby order that the ballot question for the Ordinance shall be presented and printed upon
the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On
the ballot to be submitted to the qualified voters at the General Municipal Election to be held on
Tuesday, November 5, 2024, in addition to any other matters required by law, there shall be
printed substantially the following ballot question:
"Shall the measure to amend the Downey Municipal Code to YES
establish a twenty-five dollar ($25.00) per hour minimum
wage for qualifying healthcare workers within the City of
Downey, subject to annual increase by the Consumer Price NO
Index, be adopted?"
A. The vote requirement for the Ordinance to pass is a simple majority (50% + 1) of votes
cast.
B. The ballots to be used at the election shall be in the form and content as required by
law.
C. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of
Supervisors of the County of Los Angeles is hereby requested to consent and agree
to the consolidation of a General Municipal Election with the Statewide General
Election on Tuesday, November 5, 2024, for the purpose of submitting to the voters
the question relating to the City's Measure
D. The election services which the City of Downey requests the Registrar of Voters, or
such other official as may be appropriate, to perform and which such officer is hereby
authorized and directed to perform, if said Board of Supervisors consents, include: the
preparation, printing and mailing of sample ballots; the establishment or appointment
of precincts, polling places, voting centers, and election officers, the preparation,
printing, mailing and furnishing of vote -by -mail ballots, making such publications as
are required by law in connection therewith; the furnishing of ballots, voting booths and
other necessary supplies or materials for polling places and voting centers; the
canvassing of the returns of the election and the furnishing of the results of such
canvassing to the City Clerk of the City of Downey; and the performance of such other
election services as may be requested by the City Clerk.
E, The City Clerk is authorized, instructed and directed to procure and furnish, or cause
to be procured and furnished through the County of Los Angeles, any and all official
ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election.
F. The polls, voting centers and/or vote -by -mail drop-off boxes shall be open and the
procedures for submitting votes -by -mail or votes at polls and vote centers shall be in
accordance with those times and procedures established by the County of Los
Angeles, except as otherwise provided in the Elections Code of the State of California.
G. In all particulars not recited in this Resolution, the election shall be held and conducted
as provided by law for holding municipal elections in the City.
H. Notice of the time and place of holding the election is given and the City Clerk is
authorized, instructed and directed to give further or additional notice of the election,
in time, form, and manner as required by law.
All ballots shall be tallied at a central counting place and not at the precincts. Said
central counting place shall be at a County center as designated by the Registrar of
Voters.
PAGE 4
ii The Los Angeles County Registrar of Voters is hereby authorized to canvass the
returns of said election.
K. The City Clerk of the City of Downey shall receive the canvass from the County as it
pertains to the election on the Measures, and shall certify the results to the City
Council, as required by law.
A. The City Council authorizes (i) the City Council or any member(s) of the 'it Counc C y (ii) the proponents of the referendum protesting this Ordinance, (iii) any individual voti
eligible to vote on the above Ordinance, (iv) a bona fide association of such citize
or (v) any combination of voters and associations, to file a written argument in favor
or against the Ordinance, in accordance with Article 4, Chapter 3, Division 9 of t
Elections Code of the State of California, which argument may be changed until a
including the deadline set by the Los Angeles County Registrar of Voters, after whi
r t I Ic t
no arguments for or against the Ordinance may be submitted to the City Cler
Arguments in favor of or against the Ordinance shall each not exceed 300 words
length. Each argument shall be filed with the City Clerk, signed, and include t
printed name(s) and signature(s) of the author(s) submitting it, or if submitted on beh
I
at
of an organization, the name of the organization, and the printed name and signa ul
of at least one of its principal officers who is the author of the argument.
13The City Clerk shall comply with all provisions of law establishing priority of arguments
for printing and distribution to the voters, and shall take all necessary actions to cause
the selected arguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Cie
to transmit a copy of the Ordinance to the City Attorney. The City Attorney sh
prepare an impartial analysis of the Ordinance, not to exceed 500 words in lengt
showing the effect of the Ordinance on the existing law and the operation of t -
Ordinance. The City Attorney shall transmit such impartial analysis to the City Cler
who shall cause the analysis to be published in the voter information guide along wi
the Ordinance as provided by law. The Impartial Analysis shall be filed by the deadli _
set for filing of primary arguments as set forth in Subsection 5(A) above. The imparti
analysis shall include a statement indicating whether the Ordinance was placed on t
ballot by a petition signed by the requisite number of voters or by the City Council.
the event the entire text of the Ordinance is not printed on the ballot, nor in the vot
information portion of the sample ballot, there shall be printed immediately below t
impartial analysis, in no less than 10-font bold type, the following: "The abo
statement is an impartial analysis of Ordinance No. _ (Measure ). If Y•
desire a copy of the Ordinance/Measure, please call the election official's offi
at (562) 904-7280 and a copy will be mailed at no cost to you."
D. The provisions of this Section 5 shall apply only to the election to be held on November
5, 2024, and shall then be repealed.
and distributed to the voters, the Clerk shall send copies of the argument in favor of
the Ordinance to the authors of the argument against, and copies of the argument
against to the authors of the argument in favor. The authors or persons designated by
them may prepare and submit rebuttal arguments not exceeding 250 words. The
rebuttal arguments shall be filed with the City Clerk not later than 10 days after the
deadline for primary arguments set forth in Section 5 above. Rebuttal arguments shall
be printed in the same manner as the direct arguments. Each rebuttal argument shall
immediately follow the direct argument which it seeks to rebut.
B, The provisions of this Section 6 shall apply only to the election to be held on November
5, 2024, and shall then be repealed.
SECTION 7. Placement on the Ballot. The full text of the Ordinance shall be printed
in the voter information guide, and'a statement shall be printed in the ballot pursuant to Section
9223 of the Elections Code advising voters that they may obtain a copy of the Ordinance at no
cost, upon request made to the City Clerk.
SECTION 8. DeliveU of Resolution to Count The City Clerk shall certify to the
passage and adoption of this Resolution and enter it into the book of original resolutions. The City
Council directs the City Clerk to deliver copies of this Resolution, including the Ordinance attached
hereto as Exhibit "A", to the Clerk of the Board of Supervisors of Los Angeles County and to the
Registrar of Voters of Los Angeles County.
SECTION 9. Public Examination. Pursuant to California Elections Code section 9295,
the Ordinance will be available for public examination for no fewer than ten (10) calendar days
prior to being submitted for printing in the voter information guide. The Clerk shall post notice in
the Clerk's office of the specific dates that the examination period will run.
SECTION 10. CEQA. The City Council hereby finds and determines that placement of
the Ordinance on the ballot is not a discretionary action of the City Council within the meaning of
the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines and is,
therefore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v.
Superior Court, (2014) 59 Cal. 4'h 1029.
SECTION 11. Severa:biiity. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are severable. The City Council
hereby declares that it would have adopted this Resolution irrespective of the invalidity of any
particular portion thereof.
SECTION 12. Effective Date of Resolution. This Resolution shall take effect
immediately upon its adoption.
SECTION 13. Suspension of Ordinance and Effective Date of Ordinance if A roved
by Voters. Pursuant to California Elections Code sections 9217, 9237 and 9243, the Ordinance
is suspended and shall not go into effect until approved and adopted by a majority of the eligible
voters of the City of Downey voting at the General Municipal Election of November 5, 2024. It
shall be deemed adopted when the City Council has certified the results of that election by
resolution and shall take effect ten (10) days thereafter.
RESOLUTION , 22-8125
PAGE 6
shall be deemed adopted when the City Council has certified the results of that election by
resolution and shall take effect ten (10) days thereafter.
APPROVED AND ADOPTED this t' day of December, 2022.
1 14�
CATHERINE ALVAREZ
Mayor Pro Tern
ATTEST:
r_
City Clerk
1, Maria Alicia Duarte, City Clerk of the City Council of the City of Downey, California, do hereby
certify that the whole number of the members of the City Council is four O; that the above and
foregoing Resolution was duly and regularly passed and adopted by at least three affirmative votes
of all members at a Special meeting of the City Council of the City of Downey on the 8 th day of
December, 2022, by the following vote:
AYES: Council embers: Sosa, Trujillo, Alvarez
NOES: Council Members: None.
ABSENT: Council embers: None.
ABSTAIN: Council embers: Froeta
44qlAAL"ICIA �DUA4, �CMC
City Clerk
�-r • i�i T
""AGE 7
EXHIBIT "A"
0 MkNWC-E-V87-01%-�4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, ADDING CHAPTER 13 TO ARTICLE VI OF THE DOWNEY
MUNICIPAL CODE AS AN INITIATIVE ORDINANCE TO ESTABLISH A
MINIMUM WAGE OF $25.00 PER HOUR FOR QUALIFYING HEALTHCARE
WORKERS IN THE CITY OF DOWNEY, PURSUANT TO CALIFORNIA
ELECTIONS CODE SECTION 9215(a)
WHEREAS, pursuant to authority provided by the California Elections Code, a petition has
been filed with the City Council of the City of Downey, seeking to enact an initiative
measure/ordinance which would add Chapter 13 to Article V1 of the Downey Municipal Code to
establish a minimum wage of $25.00 per hour for qualifying healthcare workers working in the
City of Downey, (this "Measure" or "Ordinance"); and
WHEREAS, pursuant to California Elections Code section 9215, an initiative petition must
be in filed with the City in valid form and signed by not less than ten percent (110%) of the registered
voters of the City in order to qualify a local initiative measure for the ballot; and
WHEREAS, according to Los Angeles County voter records, the minimum signature
requirement in order to qualify this Measure for the ballot is 6,489 registered City voters; and
WHEREAS, the City Clerk, through the Los Angeles County Registrar of Voters, has
certified that the form of the petition complies with California law and, based upon an examination
of voter registration records, has ascertained that the petition is signed by the requisite number
of voters to qualify this Measure/Ordinance for the ballot under the Elections Code; and
WHEREAS, this Measure's/Ordinance's proponents have completed all other necessary
prerequisite steps qualify and place it on the ballot; and
WHEREAS, since this Ordinance has qualified for placement on the ballot, pursuant to
California Elections Code Section 9215, the City Council is legally required to either (i) adopt this
Ordinance without alteration, or (ii) submit it to the voters at its next regularly scheduled election
occurring not less than 88 days after the date of the order of election or at a special election
pursuant to Elections Code Section 1405; and
WHEREAS, in lieu of placing the Measure/Ordinance on the ballot, the City Council has
voted to adopt it without alteration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing
recitals are true and correct, and are incorporated herein and by this reference are made an
operative part hereof.
SECTION 2. Name. This Ordinance shall be known as the "Healthcare Workers
Minimum Wage Ordinance."
WIN
MY, M
Section 6980. Findings and Purposes.
This Ordinance, adopted by the People of the City of Downey, makes the following findings and
has the following purposes:
The purpose of this Ordinance is to establish a minimum wage for covered healthcare workers
within the City of D•wney.
for their contributions and sacrifices.
The following definitions shall apply to this chapter:
means the City of Downey.
(b) "Covered Healthcare Facility" means the following types of facilities, provided that
they are privately owned and are located within the boundaries of the City:
(1) A licensed general acute care hospital as defined in Section 1250(a) of the
California Health and Safety Code, including a distinct part of any such
hospital.
(2) A clinic, as defined in Section 1206(d) of the California Health and Safety
Code, that is conducted, operated, or maintained as an outpatient
department of a general acute care hospital or acute psychiatric hospital.
(3) A licensed acute psychiatric hospital as defined in Section 1250(b) of the
California Health and Safety Code, including a distinct part of any such
hospital.
(4) A licensed chronic dialysis clinic as described in Section 1204(b)(2) of the
California Health and Safety Code.
(5) A licensed psychiatric health facility as defined in Section 1250.2 of the
California Health and Safety Code.
(6) All facilities that are part of an Integrated Healthcare Delivery System.
RESOLUTION NO. 22-8126
PAGE 9
(c) "Cowered Physician {3pmuo" means a medical group practice, including a
professional medical corporation as defined in Section 2406 of the California
Business and Professions Code, another form of corporation controlled by
physicians and euq]eonm, a medical pertnerohip, or on independent practice
aeeoc|ution, provided that the group includes a total of1Omrmore physicians.
(d) "Employee" has the same meaning as in Section 2775 ofthe California Labor
Code.
/e\ "Employer" nneone any Penyon, including a corporate officer orexecutive, who
directly or indirectly or through any other Pereon, including through the aen/ioea of
a temporary service, staffing agency, or similar entity, employs or exercises control
over the wages, hours orworking conditions ufany Employee.
(f) "Healthcare Worker" means an Employee who iaemployed towork at or by
Covered Healthcare Fao|||tv to provide patient cene, healthcare men/|oee, or
services supporting the provision of healthcare. "Healthcare Worker" includes a
c|inioien, profegeionm|, non- professional, nuree, certified nursing ooeie1ant, aide,
technician, maintenance xvorker, janitorial or housekeeping oteffoenamn,
groundekeeper, guond, food service worker, laundry xxorker, pharmaoiat,
nonmanagerial administrative worker and business office clerical worker, but does
not include a manager mrsupervisor. A"Healthcare Worker" works at Covered
Healthcare Facility only if that |ndiVidua|'e primary work assignment is physically
located atone ormore such facilities; for example, delivery workers employed
principally outside a Covered Healthcare Facility are not Healthcare Workers for
purposes ofthis chapter unless employed bysuch efacility.
(g) "Integrated Healthcare Delivery System" means a system that includes both of the
following: (1) one or more hospitals and (2) Covered Physician Groups, health care
service p|one, medical foundation c|inice, orother facilities or entities, where the
hospital or hospitals and other facilities or entities are related through:
(1) Parent/subsidiary ne|otionshipa, connnnnn ownership or oontno|, or common
boards ofdirectors and shared senior management; or
(2) A contractual ma|obmnahip in which affiliated Covered Physician Groups or
medical foundation clinics contract with a health care service plan, hospital or
other part ofthe system, all operating under a common trade name; or
/3\ A contractual relationship in which o nonprofit health mans service plan
provides medical emn/ioee to enrollees in a specific geographic region of
the state through an affiliated hospital aye1emn, and contracts with g single
Covered Physician Group |neach geographic region ofthe state toprovide
medical services tma majority of the p|an'aenro||eee in that region.
(h) "Minimum Wage" means the minimum amount that must be paid to Employees as
compensation for their |abm,, whether the amount is fixed or ascertained by the
standard of time, taak, pieme, commission bamio, or other method of calculation.
"K8|ninnunn Wage" does not include bonuaea, shift differentials, premium pey,
reimbursement or allowances for work -related equipment or other expename,
credits for nneo|a or lodging, 1ipa, gratuidee, or the cost of nnedioa|, denta|,
naUnenlent or similar benefits.
(i) "Person" means an individual, corporation, partnership, limited partnership, limited
liability partnership, limited liability oommpany, business trugt, emtate, truat,
aeoociat|mn, jointxentune. agenoy, inetrunnenta|itv, mrany other legal or commercial
entib/, whether domestic or foreign.
PAGE 10
(a) An Employer shall ensure that each Healthcare Worker it employs, or over whoi
it exercises control, is paid a Minimum Wage equivalent to no less than the hour
rate set forth herein or under the authority of this chapter for hours worked withi
the geographic boundaries of the City.
(b) The Minimum Wage for Healthcare Workers shall be as follows:
(1) On the effective date of this chapter, the Minimum Wage shall be no IeE
than $25 per hour.
(2) On January 1, 2024, and annually thereafter, the Minimum Wage shE
increase based on the annual increase in the cost of living, as measure
by the Consumer Price Index for Urban Wage Earners and Cleric;
Workers (CPI-W) for the Los Angeles metropolitan area (Los Angele,
Long Beach -Anaheim, CA), which is published by the Bureau of Lab(
Statistics. The City shall publish a bulletin announcing the adjusted rate�
which shall take effect on January 1 of each year.
(c) An Employer may not fund the Minimum Wage increases required by this chapt(
in any of the following ways:
(1) Reducing Healthcare Workers' premium pay rates or shift differentials;
(2) Reducing vacation, healthcare, or other non -wage benefits of ar
Healthcare Worker;
(3) Reducing Healthcare Workers' hours of work;
(4) Laying off Healthcare Workers; or
(5) Increasing charges to any Healthcare Worker for parking, work-relatE
materials or equipment.
(d) An Employer is in violation of subsection (c) of this section if the Minimum Wag
requirements of this chapter are a motivating factor in the Employer's decision i
take any of the actions described in subsection (c) of this section, unless th
Employer proves that it would have taken the same action at the time that it d�
irrespective of the operation of this chapter.
1016-411. W-6190WIN
under this chapter. Protections of this section shall apply to any Healthcare Worker who
mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action
against a Healthcare Worker within 90 days of the Healthcare Worker's exercise of rights
protected under this chapter shall raise a rebuttable presumption of having done so in retaliation
for the exercise of such rights.
(a) Covered Healthcare Facilities shall post in a conspicuous place a notice of th(-.
current Minimum Wage for Healthcare Workers required by this chapter.
(b) Employers of Healthcare Workers shall retain payroll records pertaining ti
Healthcare Workers for a minimum of four years, and shall allow the City or its
designee access to such records, with appropriate notice and during business
hours, to monitor compliance with the requirements of this chapter.
Zif1w T;Tx �11!11 11111 11��
i IF, I I '�A , it 0 . U - I , 0 1
(a) The City shall have responsibility for enforcement of this chapter, including, at a
minimum:
(1) Establishing a process for reporting complaints of violations of this chapter.
(2) Establishing and implementing processes for investigating complaints and
other possible violations of this chapter. Employers and Covered
Healthcare Facilities shall cooperate fully in any such investigation.
(3) Establishing and implementing an administrative citation process that may
include the issuance of correction orders, a hearing and appeal process,
and the imposition of administrative fines
(4) Taking appropriate enforcement action through the administrative citation
process, civil actions, or other approaches on behalf of Healthcare
Workers, collecting back wages and any other amounts owed to Healthcare
Workers, and disbursing them to Healthcare Workers.
(5) Conducting any other education and enforcement activities necessary to
ensure compliance with this chapter.
(b) The City is authorized to promulgate rules and regulations and issue
determinations and interpretations relating to this chapter that are consistent with
its purposes.
(c) The City may seek to enter into an agreement with the Department of Consumer
and Business Affairs of the County of Los Angeles to allow the County's Wage
Enforcement Program to provide wage enforcement and education services
necessary for enforcement of this chapter. If the City and County enter into such
an agreement, it may include any services necessary to carry out the enforcement
and education responsibilities and activities described in subsection (a) of this
section or pursuant to rules and regulations relating to this chapter
(d) A Healthcare Worker, a representative of a Healthcare Worker, the City Attorney,
or another Person acting on behalf of the public as provided for under applicable
state law may bring a civil action in a court of competent jurisdiction against an
Employer violating this chapter. If the City, a Healthcare Worker, or a
representative of a Healthcare Worker prevails in the action, the Court shall impose
all remedies available under the law or in equity, including injunctive or other
equitable relief, reinstatement, the payment of any wages unlawfully withheld, the
payment of penalties in the amount of up to $120 to each Healthcare Worker for
each day that a violation occurred or continued, and reasonable attorneys' fees
and costs. For retaliatory action by the Employer, the Healthcare Worker shall be
entitled to reinstatement and a trebling of all wages and penalties owed. Any other
Person enforcing this chapter on the public's behalf, upon prevailing, shall be
entitled to an award of only equitable, injunctive, and/or restitutionary relief, and
reasonable attorneys' fees and costs.,
Any waiver by a Healthcare Worker of any or all of the provisions of this chapter or of rights or
protections afforded under the authority of this chapter shall be deemed contrary to public policy
and shall be void and unenforceable.
Section 6987. Coexistence with Other Available Relief.
The provisions of this chapter shall not be construed as limiting any Healthcare Worker's right to
obtain relief to which the Healthcare Worker may be entitled at law or in equity.
RESOLUTION NO. 22-8125
PAGE 12
k", -- L M#X—ew,
of this chapter if an Employer can demonstrate by substantial evidence that compliance with this
"16"666, "0111 1 W A Q -- "1-1-1 X- 1 6 11
Inaer genul My d(XUPLICU UUCOU11ting ROOM. i Me evidence must incluae aocumentation Or ine
Employer's financial condition, as well as the condition of any parent or affiliated entity, and
evidence of the actual or potential direct financial impact of compliance with this chapter. A one-
year waiver granted by a court pursuant to this section does not exempt an Employer from
complying with any and all federal, state, or local laws and regulations, including any other
applicable federal, state, or local minimum wage requirement.
ATIL) — -- .11
iii or appi ea so as to create any pol
with any federal or state law.
If any subsection, sentence, clause, phrase, or provision of this chapter is found invalid of
unconstitutional by a court of competent jurisdiction, the remaining provisions shall remain in full
force and effect.
TiTe—CTLT'CWTUT"re7erj -svilrAlLb LIM Plailue 2110 IL WWII gU MW UIMUL U11 LHU edille-51
date allowed by law.
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all
V-11ailly ACT Gulaelines ana is, inere'rore, not supiec.1
to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59
Cal. 41h 1029.
SECTION 6. Future Amendment. Pursuant to California Elections Code Section 9217,
this Ordinance may not be repealed or amended except by a vote of the People of the City of
Downey.
SECTION 7. EMbfication. The City Clerk shall certify to the adoption of this Ordinance
2nd cause publication to occur in a newspaper of general circulation which is published and
circulated in the City in a manner permitted under State law.
RESOLUTION NO. 22-8125
PAGE 13
BLANCA PACHECO, Mayor
F-111 0 9 =6-1 6
MARIA ALICIA DUARTE, CIVIC
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss:
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 22-1485 was adopted at a Regular
meeting of the City Council of the City of Downey held on the 12 th day of July, 2022, by the
following vote, to wit:
AYES:
Council Members:
La Plante, Trujillo, Alvarez, Mayor Pacheco
NOES:
Council Members:
None.
ABSENT:
Council Members:
None.
ABSTAIN:
Council Members:
Frometa
I FURTHER CERTIFY that the full text of the foregoing Ordinance No. 22-1485, was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
July 14, 2022, (after adoption, including the vote thereon). It was also posted in the regular
posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CIVIC
City Clerk