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8D Consent 2007 0730
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8D Consent 2007 0730
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Last modified
7/25/2007 1:41:59 PM
Creation date
7/25/2007 1:41:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/30/2007
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_CC Agenda 2007 0730
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0730
Ord 2007-018
(Superseded by)
Path:
\City Clerk\City Council\Ordinances\2007
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<br />(b) Any complaints received shall be treated as confidential matters to the <br />extent permitted by law. Any complaints received and all investigation documents related <br />thereto shall be deemed exempt from disclosure pursuant to California Government Code <br />Sections 6254 and 6255. <br /> <br />Section 13. Enforcement - Section 1-6-655 of Title 1 of the San Leandro Municipal Code <br />is hereby added as follows: <br /> <br />(a) A person claiming violation of this chapter may bring an action in the <br />Superior Court of the State of California against an employer and obtain the following <br />remedies: <br /> <br />1. Back pay for each day during which the employer failed to pay the <br />compensation required by this chapter. <br />2. Reinstatement and compensatory damages. <br />3. For a willful violation of this chapter, a court may award as a penalty up to <br />treble the amount of monies to be paid as damages. <br />4. Reasonable attorney's fees and costs. <br /> <br />(b) Notwithstanding any provision of this chapter or any ordinances to the <br />contrary, no criminal penalties shall attach for any violation of this chapter. <br /> <br />(c) No remedy set forth in this chapter is intended to be exclusive or a <br />prerequisite for asserting a claim for relief to enforce any rights hereunder in a court oflaw. <br /> <br />(d) No liability of City. Claims or lawsuits against the City arising under this <br />chapter are not authorized, nor shall the remedies provided in subsection (a) be awarded <br />against the City. The City shall not be liable to any person or entity because of the City's <br />failure to notify an employer of the applicability of this chapter, the City's failure to <br />investigate or enforce violations of this chapter, or based upon another employer's failure <br />to comply with this chapter. <br /> <br />( e) The City may terminate a service contract, financial assistance, or lease or <br />facility agreement and pursue any other legal remedies available to the City, including <br />debarment, for Non-compliance with this chapter. <br /> <br />Section 14. Effective Date - Section 1-6-660 of Title 1 of the San Leandro Municipal <br />Code is hereby added as follows: <br /> <br />This chapter shall apply to every City contract, lease, license, concession agreement, <br />franchise agreement or agreement for financial aid with an employer entered into or amended on or <br />after September 1,2007. <br /> <br />Section 15. Administrative Guidelines, Regulations and Procedures <br /> <br />ORDINANCE NO. 2007-018 <br /> <br />8 <br />
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