2.72.050 Exceptions and waivers.
A. Any employer that contends that it is unable to pay all or part of the living wage must provide a detailed explanation in writing to the City Manager (or the City Manager’s designee) who may recommend an exception to the City Council.
The explanation must set forth the reasons for its inability to comply with the provisions of this chapter, including a complete cost accounting for the proposed work to be performed with the financial assistance sought.
B. The City Council may grant an exception upon making one or more of the following findings:
1. That the employer has demonstrated economic hardship.
2. That the exception will further the interests of the City of Sebastopol in providing training positions which will enable employees to advance into permanent living wage jobs or better.
3. That the exception will further other public objectives.
4. That the exception is requested by both parties to a memorandum of understanding or other form of collective bargaining agreement.
However, no exception will be granted if the effect of the exception is to replace or displace existing positions or employees or to lower the wages of current employees.
C. Exceptions to the requirements of this chapter will be made for the term of the financial assistance, except that the City reserves the right to rescind the exception at any time due to changed circumstances which lead the City to revise the findings on which the exception was based.
D. The City Council of the City of Sebastopol reserves the right to waive the requirements of this chapter upon a finding and determination of the City Council that a waiver is in the best interests of the City of Sebastopol. The City Council may also waive the requirements of this chapter during an emergency due to war or natural or human made disasters.
E. Any waiver or exception shall be granted for no more than one year. At the end of the year, the employer may reapply for a new waiver or exception which may be granted subject to the same criteria for granting the initial waiver or exception.