REPORT TO COUNCIL
SUBJECT
Title
Action on Emergency Ordinance to Add Chapter 9.70 to enact COVID-19 Worker Recall Protections for Building Service, Food Service and Hotel Service Workers
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
An item requesting Council consideration on the adoption of an emergency ordinance that would add a new Chapter 9.70 to Title 9 of the Code of the City of Santa Clara, California ("SCCC") to add a COVID-19 Right of Recall (Emergency Ordinance) was on the October 27, 2020 Council agenda.
During the public testimony, several public speakers requested that the City's Emergency Ordinance be tighten in the area around enforcement measures and requested staff to review the recently passed City of San Diego Worker Recall Ordinance (Attachment 1). Council continued consideration of the Emergency Ordinance to the November 10, 2020 Council meeting to allow staff time to review and refine the language in the proposed Emergency Ordinance.
DISCUSSION
As a follow up to the October 27 Council discussion, the City Attorney reviewed the City of San Diego Worker Recall ordinance and other supporting material provided by UNITE HERE. Based on this review, the City Attorney has made revisions to the proposed Emergency Ordinance (Attachment 2) to include additional notification procedures and clarification on enforcement actions and pre-emption issues as regards collective bargaining agreements. The Emergency Ordinance was also revised to add a new section to address retaliation.
The Emergency Ordinance, if approved, would provide for the following (updates to the provisions in the proposed emergency ordinance are noted in italics):
Timing: The Emergency Ordinance would go into effect immediately following Council action.
Applicability: The ordinance applies to:
1) any entity in the City of Santa Clara with more than 25 employees in the State of California that enter into contracts for ...
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