§ 2.32.090. Enforcement.

A.

The City Manager shall have the authority to adopt rules and regulations, in accordance with this chapter and the Administrative Code of the City of Oakland, establishing standards and procedures for effectively carrying out this chapter.

B.

Upon a finding by the City Manger that a contractor has violated the requirements of this chapter, the city shall have the rights and remedies described in this section, in addition to any rights and remedies provided by law or in equity;

1.

Suspension and/or termination of said contract, property contract or financial assistance agreement for cause;

2.

Repayment of any or all of the contract amount or financial assistance disbursed by the city;

3.

The City Manager may deem the entity ineligible for future city contacts and/or financial assistance until all penalties and restitution have been paid in full;

4.

Impose a fine or liquidated damages payable to the city in the sum of fifty dollars ($50) for each person for each calendar day during which such person was discriminated against in violation of the provisions of this chapter;

5.

Seek recovery of reasonable attorney's fees and costs necessary for enforcement of this chapter.

C.

An employee claiming violation of this chapter may bring an action in the appropriate division of the Superior Court of the State of California against an employer and obtain the following remedies:

1.

Reinstatement, injunctive relief, compensatory damages and punitive damages;

2.

Reasonable attorney's fees and costs.

D.

Notwithstanding any provision of the chapter or any other chapter to the contrary, no criminal penalties shall attach for any violation of this chapter.

E.

No remedy set forth in this chapter is intended to be exclusive or a prerequisite for asserting a cause of action to enforce any rights hereunder in a court of law. This chapter shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination.

F.

Nothing in this chapter shall be interpreted to authorize a right of action against the city.

(Ord. 12394 (part), 2001)