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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. Page 1 of 2 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 Page 2 of 2