HomeMy WebLinkAbout3008 Living Wage Amending 3.12
ORDINANCE No.3 cog
AN ORDINANCE RELATING TO LIVING WAGE,
AND AMENDING AMC CHAPTER 3.12
Annotated to show deletion!: and additions to the code sections being modified. Deletions are
bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; and
WHEREAS, the above referenced grant of power has been interpreted as affording all legislative
powers home rule constitutional provisions reserved to Oregon Cities. Citv of Beaverton v.
Intemational Ass'n of Firefiqhters, local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730,
734 (1975); and
WHEREAS, the Ashland Parks and Recreation Commission requested clarification of the living
wage ordinance as it relates to part-time and seasonal workers employed by the Parks
Department; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 3.12.040 [Enforcement] is hereby amended to read as follows:
3.12.040 Enforcement
A. Compliance with this chapter shall be required in all City contracts to which it applies,
Such contracts shall provide that upon a violation of any provision of this chapter the
recipient, contractor or subcontractor who is out of compliance shall have thirty days to
come into compliance.
Such contracts shall further provide that after 30 days if the recipient, contractor or
subcontractor remains out of compliance, the City may terminate the contract and
otherwise pursue legal remedies that may be available including the repayment of, or
payment for, all or part of the financial assistance provided, If a recipient, contractor, or
subcontractor violates the provisions of this chapter twice, the City may terminate all
contracts already in force and that recipient, contractor, or subcontractor shall be
prohibited from receiving City financial assistance or contracting with the City for a period
of two years.
B. An employee claiming violation of this chapter may report such action to the city. The
city administrator may establish a procedure for receiving and investigating such
complaints and take appropriate enforcement action.
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An employee claiming violation of this chapter may choose to bring an action in the Circuit
Court of Oregon against an employer and may be awarded back pay for each day during
which the employer failed to pay the employee the required living wage, As additional
damages the employee shall be awarded an amount equal to an hour's pay for each hour
the employee was not paid the amount required in section 3.12.030 and any additional
injunctive relief necessary and appropriate under the circumstances, Not withstandina
the above. for emplovees hired as part-time or seasonal workers [i.e. with a 1040
hour limit per calendar year]. back pay shall be limited to an award of the pay
differential and penalty commencina with the 104151 hour of employment. The court
shall award reasonable attomey's fees and costs to an employee who prevails in any such
enforcement action.
The damage provision of this section shall not apply if such violation was deemed to be
unintentional on the part of the employer and the employer paid the required back pay for
each day the violation of this chapter occurred.
C, The statute of limitations for this chapter shall be two years from the time of the
alleged violation of this chapter
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses,
SECTION 3. Savinas. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation
that nothing in this Ordinance affects the validity of prosecutions commenced and continued
under the laws in effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however
that any Whereas clauses and boilerplate provisions (i.e, Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The for oing ordinance was first read by title only in accordance with Article X,
Sect' 2(C) of the City Charter on the ~ day of fY\ ~r~ , 2010
an ly PA SED a")f('OPT is da (Y1 e-rvlrt ' 2010
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this f Co day of
(ht..rU-. ,2010,
1.~~ (lAW
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