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10B Action 2007 0604
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10B Action 2007 0604
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Last modified
6/1/2007 3:23:21 PM
Creation date
6/1/2007 12:15:28 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/4/2007
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PERM
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_CC Agenda 2007 0604
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0604
MO 2007-066
(Reference)
Path:
\City Clerk\City Council\Minute Orders\2007
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<br />City staff shall review the City's contract documeJ.:1ts to ensure that relevant language and <br />information about this Chapter are included in the City's RFP's, agreements and other relevant <br />documents. The City Manager or his designee shall investigate each complaint alleging a <br />violation of this Chapter. The City Manager or his designee shall establish procedures for <br />receiving and investigating complaints and taking appropriate enforcement action. Complaints <br />shall be treated as confidential to the fullest extent permitted by law. Any delays in establishment <br />of such procedures shall not prevent this ordinance from otherwise going into effect. <br /> <br />1-15-720. <br /> <br />Civil Penalties <br /> <br />For each violation, the P AB shall be liable the City for a penalty of $1 00 to $1000, with <br />the amount to be set by the Court. Each day worked by each employee without compliance with <br />this Chapter, or each day during which an employee is without workin violation ofthis Chapter, <br />shall constitute a separate violation. <br /> <br />1-15-725. <br /> <br />Private Remedies Available <br /> <br />Any person believing this Chapter has been or will be violated may bring an action <br />against the P AB in the Municipal Court or Superior Court of the State of California, as <br />appropriate, to enforce the provisions of this Chapter. If they show a violation has occurred or is <br />about to occur, they shall be entitled to an order directing the P AB to provide back pay to all <br />persons injured by the violation, reinstatement, penalties for the City and all other remedies <br />available at law or in equity. Violations of this Chapter are declared to irreparably harm the <br />public and covered employees and therefore warrant injunctive relief. The Court shall award <br />reasonable attorney's fees, witness fees and costs to any plaintiff who prevails in an action to <br />enforce this Chapter. <br /> <br />1-15-730. <br /> <br />No Damages Claims Against City <br /> <br />Nothing in this Chapter shall be construed to give rise to any cause of action for damages <br />against the City. <br /> <br />1-15-735. <br /> <br />Non-exclusivity of Remedies <br /> <br />No remedy set forth in this Chapter is intended to be exclusive or a prerequisite for <br />asserting a claim for relief to enforce any rights hereunder in a court of law. This Chapter shall <br />not be construed to limit an employee's right to bring a common law cause of action for wrongful <br />termination. <br /> <br />1-15-740. <br /> <br />Conformity With Other Law <br /> <br />Nothing in this Chapter may be construed to impair any contractual obligations of the <br />City. This Chapter shall not be applied to the extent it will cause the loss of any federal or state <br />funding of City activities. <br /> <br />6 <br />
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