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Chapter 2.28 LIVING WAGE ORDINANCE Page 6 of 7 records for authorized city representatives for the purpose of monitoring compliance with this chapter, investigating employee complaints of noncompliance ahd evaluating the operation and effects of this chapter, including the production for inspection and copying of its payroll records for any or all of its employees for the term of the contract or for five years whichever period of compliance is applicable. (Ord. 12050 § 11, 1998) 2.28.120 Retaliation and discrimination barred. Contractors, subcontractors and CFARs shall not discharge, reduce the compensation of or otherwise discriminate against any employee for making a complaint to the city, participating in any of its proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this chapter. Contractors, subcontractors and CFARs shall also be in compliance with federal law proscribing retaliation for union organizing. (Ord. 12050 § 12, 1998) 2.28.130 Monitoring, investigation and compliance. The provisions of this chapter will augment the city's normal and customary procedure for administering its contracts. The city shall administer the requirements of this chapter as follows: A. The City Manager shall develop rules and regulations to review contract documents to insure that relevant language and information are included in city RFP's, agreements and other relevant documents. B. The City Manager shall develop rules and regulations for the monitoring of the operations of the contractors, subcontractors and financial assistance recipients to insure compliance including the review, investigation and resolution of specific concerns or complaints about the employment practices of a contractor, subcontractor or CFAR relative to this chapter. In such cases, the city will attempt to resolve the problem within thirty (30) days. C. Where a violation of any provision of this chapter has been determined, the contractor will be given a written notice by the city per the rules and regulations promulgated by the City Manager. Should the violation continue and/or no resolution is imminent, the city shall pursue all available legal remedies, including but not limited to any or all of the following penalties and relief: 1. Suspension and/or termination of the contract, subcontract or financial assistance agreement for cause; 2. Payback of any or all of the contract or financial assistance awarded by the city; 3. Deem the contractor or CFAR ineligible for future city contracts and/or financial assistance until all penalties and restitution have been paid in full; 4. A fine payable to the city in the sum of five hundred dollars ($500.00) for each week for each employee found not to have been paid in accordance with this chapter; 5. Wage restitution for each affected employee. E. The City Attorney shall promulgate procedures for legal enforcement of the requirements of this chapter. (Ord. 12050 § 13, 1998) 2.28.140 Employee complaint process. An employee who alleges violation of any provision of this chapter may report such acts to the city and, at the employee's discretion, exhaust available employer internal remedies. The complaint to the city shall be handled as follows: A. The employee shall submit to the city a completed complaint form and copies of all documents supporting the allegation. The city shall provide the complaint forms in English and Spanish. B. The city shall notify the agency and the employer of the complaint and seek resolution within five days from receipt of the complaint form. If resolution is not accomplished, the city shall initiate an investigation and seek legal remedies, if appropriate. C. An employee claiming retaliation (such as, termination, reduction in wages or benefits or adverse changes in working conditions) for alleging noncompliance with this chapter may report the alleged retaliation in the same manner as the initial complaint. D. The complainant's or witness' identity will not be divulged to the employer without the individual employee's written consent. (Ord. 12050 § 14, 1998) 2.28.150 Private right of action. http://bpc.iserver.net/codes/oakland/_DATA/TITLE02IChapter_2_28_LIVING_WAGE_... 11 /21 /2006