The specific compensation and benefit details are as follows (all figures below are annual):
Salary: $363,756.00
Health, Dental & Vision Allowance: $25,800
Retirement (PERS Employer Portion): $43,177.84
Auto Allowance: $10,416
Vacation Leave: 80 hours beginning in January 2027 and every January thereafter, plus accrual rate of 120 hours (based upon Mr. West’s years of service with City of Garden Grove)
Administrative Leave: 40 hours
Sick Leave: Accrual rate of 96 hours
Standard Long Term Disability: $2,155.92
Long Term Disability Executive: $2,710.50
Long Term Disability Management: $928.20
Group Term Life Insurance: $538.98
Deferred Compensation: Maximum annual 457(b) deferred compensation contribution permitted by law
The City will also provide a cell phone with paid service, and a laptop.
FINANCIAL IMPACT
Costs for the City Manager salary and benefit are appropriated in the adopted Fiscal Year 2026-27 operating budget.
RECOMMENDATION
It is recommended that the City Council:
Approve the City Manager Employment Agreement for Matthew S. West as attached and authorize the Mayor to execute same.
ATTACHMENT(S)
1. Employment Agreement
2. Resume – Matthew S. West
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1 CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made this 3 rd day of November , 2026, by and between the CITY OF GARDEN GROVE, hereinafter “CITY,” and MATTHEW S. WEST, hereinafter “EMPLOYEE.”
RECITALS
A. In order to ensure that its governmental responsibilities are met at all times, CITY wishes to retain in its employment MATTHEW S. WEST who has an exceptional degree of knowledge, experience, technical ability, professionalism, and leadership qualities necessary to performing the duties of the City Manager, consistent with the needs of the CITY and the City Council.
B. In order to retain a city manager who demonstrates these exceptional qualities and the experience necessary to fulfill the CITY’s immediate and long-term goals and policy objectives, the City Council of the CITY has determined that it is advisable to enter into this Employment Agreement. All CITY actions referred to in this Agreement shall mean actions taken by a majority of the City Council.
C. EMPLOYEE desires to enter into this Agreement in order to specify the terms and conditions of his employment with the CITY.
AGREEMENT
NOW, THEREFORE, CITY and EMPLOYEE her eby agree to the following employment terms and conditions:
ARTICLE 1. TERM OF EMPLOYMENT
Section 1.01. CITY hereby employs EMPLOYEE and EMPLOYEE hereby accepts employment as City Manager effective November 3, 2026 (“Effective Date”).
EMPLOYEE's employment with the CITY is at-will, meaning either the CITY or EMPLOYEE can terminate employment with or without cause.
Section 1.02 . The initial term of employment shall be three ( 3) years, beginning on November 3, 2026, and terminating on November 2 , 2029. The agreement shall renew automatically for successive two (2) year terms beginning November 3, 2029, so that there shall remain at least one year left in the term at all times.
ARTICLE 2. DUTIES AND OBLIGATIONS OF EMPLOYEE
Section 2.01. EMPLOYEE shall serve as the City Manager of the City of Garden Grove.
In his capacity as City Manager of the City of Garden Grove, EMPLOYEE shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of C ITY, as set forth in Chapter 2.08 of the Garden Grove Municipal Code, including the hiring and firing of all employees other than the City Attorney of CITY, subject 488
2 at all times to the policies set by CITY’s City Council, and to the consent of the City Council when required by the terms of this Agreement.
Section 2.02.
(a) EMPLOYEE'S position as City Manager is considered a full -time position.
EMPLOYEE shall devote his time, ability, and attention to the business of CITY during the term of this Agreement.
(b) EMPLOYEE shall not engage in any other business, educational, or professional pursuits whatsoever, or directly or indirectly render any service of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without the prior consent of the City Council.
However, the expenditure of reasonable amounts of time for educational, charitable, personal, or professional activities shall not be deemed a breach of this Agreement if those activities do not conflict or materially interfere with the professional services required under this Agreement; such limited activities shall not require the prior consent of the City Council.
(c) Nothing in this Agreement prohibits EMPLOYEE from making passive personal investments or conducting private business affairs, if those activities are not deemed to be a conflict of interest under state law or conflict or materially interfere with the professional management services required under this Agreement.
(d) EMPLOYEE's duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty-hour workweek and may also include time outside normal office hours (including attendance at City Council meetings).
City Manager is classified as an exempt employee under the Fair Labor Standards Act and shall not be entitled to any additional compensation for hours worked in excess of forty in a work week.
(e) The Parties mutually desire that the EMPLOYEE be subject to and comply with the International City Management Association (ICMA) Code of Ethics, incorporated herein by reference. EMPLOYEE commits to comply with the ICMA Code of Ethics. CITY and the City Council agree that neither the City Council, nor any of its members, will giv e EMPLOYEE any order, direction, or request that would require EMPLOYEE to violate the ICMA Code of Ethics.
ARTICLE 3. OBLIGATIONS OF EMPLOYER
Section 3.01. CITY provides EMPLOYEE with the compensation, benefits and ot her business expense reimbursement specified elsewhere in the Agreement.
Section 3.02. CITY shall defend, hold harmless and indemnify, EMPLOYEE, against any tort, professional liability claim or demand or other civil legal action, whether groundless or otherwise, sustained by EMPLOYEE in direct consequence of the discharge of his duties. 489
3 CITY may compromise and settle any such civil claim or suit and pay the amount of any settlement or judgment rendered therefrom.
Section 3.03 . The City Council, in close d session, shall review and evaluate the performance of EMPLOYEE at least once each year during the term of this Agreement.
Failure of the City Council to review and evaluate the performance of EMPLOYEE pursuant to this section shall not affect the right of the CITY to terminate EMPLOYEE’s employment and shall not be considered a breach of this Agreement. Any wage adjustments shall be given at the sole discretion of the City Council but EMPLOYEE shall not automatically be entitled to receive one. No wage adjustments shall lower the EMPLOYEE’s annual salary.
ARTICLE 4. COMPENSATION OF EMPLOYEE
Section 4.01. As compensation for the services to be performed her eunder, EMPLOYEE shall receive an annual salary in the amount of Three Hundred Sixty-Three Thousa nd Seven Hundred Fifty -Six Dollars ($ 363,756.00). Except as otherwise specified in this Agreement, EMPLOYEE shall receive same salary adjustments in the same manner as Central Management Staff receives.
ARTICLE 5. EMPLOYEE BENEFITS
Section 5.01. Except as otherwise specified in this Agreement, EMPLOYEE shall receive benefits in the same manner as Central Management Staff receives. In addition, the City shall contribute the annual maximum Deferred Compensation contributions allowed to the Employee’s 457(b) plan on pre-tax basis, paid bi-weekly. EMPLOYEE will also receive a lump sum of 80 hours of vacation in January 2027, and every January thereafter.
Section 5.02. Because EMPLOYEE is an "at -will" employee, the CITY is not obligated to pay EMPLOYEE pending an investigation into any alleged misconduct by EMPLOYEE, nor is the CITY required to pay for his criminal legal defense. Notwithstanding the foregoing, in the event that the City Council determines, in its sole discretion, that it is in the best interest of th e CITY for EMPLOYEE to be placed on paid administrative leave pending such an investigation or for the CITY to pay for EMPLOYEE’s criminal legal defense, EMPLOYEE shall fully reimburse any Salary or legal defense costs if EMPLOYEE is convicted of a crime involving an abuse of his office or position as defined in Section 7.01(b) of this Agreement. EMPLOYEE shall fully reimburse such Salary or the criminal legal defense costs no later than six months after such conviction.
Section 5.03. EMPLOYEE will be provided with a cellphone, monthly cellphone service, and a laptop.
ARTICLE 6. BUSINESS EXPENSES
Section 6.01. All business expenses reasonably incurred by EMPLOYEE in promoting the business of CITY, including expenditures for entertainment and travel, are to be paid for, insofar as possible, by the use of credit cards in the name of CITY which will be furnished to EMPLOYEE.
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4 Section 6.02.
(a) CITY shall promptly reimburse EMPLOYEE for all other reasonable business expenses incurred by EMPLOYEE in connection with the business of CITY.
(b) Each such expenditure shall be reimbursable only if EMPLOYEE furnishes to CITY adequate records and other documentary evidence.
Section 6.03. CITY agrees to annually budget and allocate sufficient funds for expenses of EMPLOYEE for membership and necessary travel expenses:
(a) To attend and represent CITY before the annual League of California Cities meeting as well as meetings of the City Managers of the League of California Cities, annual conference of the International City/County Management Association (ICMA), and meetings of the Orange County City Managers Association (OCCMA);
(b) To attend all conferences and meetings of League committees of which EMPLOYEE is, or may become, a member;
(c) For such other official meetings and/or travel as is reasonably necessary for the advancement of CITY and which may be approved by the City Council.
ARTICLE 7. TERMINATION OF EMPLOYMENT
Section 7.01.
(a) If CITY terminates this Agreement ( thereby terminating EMPLOYEE' s employment) without Cause or for reasons other than "Cause" as defined in Section 7.02 below, and if EMPLOYEE timely executes and delivers to CITY an original "Separation Agreement and General Release" in the form attached hereto as Attachment 1, and does not t hereafter timely exercise his right to revoke said Separation Agreement and General Release, the CITY shall pay EMPLOYEE a lump sum severance benefit (“Separation Pay”) equal to the monthly Salary of EMPLOYEE at the time of separation multiplied by the number of months left on the unexpired term of the contract, not to exceed twelve months of his then applicable Annual Salary in accordance with Govt. Code section 53260(a).
(b) Such Separation Pay is considered a cash settlement related to the termination of EMPLOYEE and shall t herefore be fully reimbursed to the CITY by EMPLOYEE if he is convicted of a crime involving an abuse of his office or position. Abuse of office or position shall have the meaning set forth in Government Code section 53243.4, as may be amended, of either (1) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority or (2) a crime against public justice, including, but, 491
5 not limited to, a crime described in Title 7 (commencing with Section 92 of Part 1 of the Penal Code). EMPLOYEE shall fully reimburse such Separation Pay no later than six months after such conviction.
(c) EMPLOYEE shall not be removed during the 180- day period before and following any City election for membership on the City Council, or during the 180- day period before and following any change in membership of the City Council.
Section 7.02. If the CITY terminates this Agreement ( thereby terminating EMPLOYEE's employment) with Cause, EMPLOYEE shall not be entitled to any Separation Pay. As used in this Agreement, "Cause" shall mean only any of the following:
(a) Conviction of a felony that adversely affects the reputation of EMPLOYEE or the CITY; or
(b) Conviction of a misdemeanor arising out of EMPLOYEE'S duties or performance under this Agreement; or
(c) Misappropriation of public funds; or
(d) Willful abandonment of duties consisting of the failure to report to work for five consecutive working days (for reasons not medically related) and not notifying staff and the City Council of his leave status; or
(e) A willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council; or
(f) Any other intentional or grossly negligent action or inaction by EMPLOYEE that:
(a) materially and substantially impedes or disrupts the operations of the CITY or its organizational units; (b) is detrimental to employees or public safety; (c) violates properly established rules or procedures of the CITY causing a material and substantial adverse impact on the CITY; or (d) has a material and substantial adverse effect on the CITY's interests as clearly defined and delineated by properly established City Council action, policy, regulations, ordinances, or City Code provisions.
Section 7.03. EMPLOYEE may terminate his obligations under this Agreement by giving CITY at least sixty (60) days’ notice in advance, in which case, EMPLOYEE shall not be entitled to Separation Pay.
Section 7.04. In the event the CITY terminates the EMPLOYEE for any reason or no reason, the CITY and the EMPLOYEE agree that no member of the City Council, the City Management staff, nor the EMPLOYEE, shall make any written, oral or electronic statement to any member of the public, the press, or any city employee concerning the EMPLOYEE’s termination except in the form of a joint press release or statement, the content of which is mutually agreeable to the CITY and the EMPLOYEE. The j oint press release or statement shall not contain any text or information that is disparaging to eit her 492
6 party. Eit her party may verbally repeat the substance of the joint press release or statement in response to any inquiry.
ARTICLE 8. GENERAL PROVISIONS
Section 8.01. Any notices to be given hereunder by either party to the other shall be in writing and may be transmitted by personal delivery, by email or by U.S. mail. Mailed notices shall be addressed to the parties at the following addresses:
EMPLOYEE: on file in Human Resources
CITY: 11222 Acacia Parkway
Garden Grove, CA 92840
Each party may change that address by written notice in accordance with this Section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; emailed or mailed notices shall be deemed communicated as of the date of sending or mailing.
Section 8.02.
(a) Any controversy between CITY and EMPLOYEE involving the construction or application of any of the terms, provisions, or conditions of this Agreement or Attachment 1, the Separation Agreement and General Release, shall, on written request of either party served on the other, be submitted to arbitration before a single neutral arbitrator associated with the Orange County office of JAMS.
Arbitrations shall comply with and be governed by the provisions of the California Arbitration Act.
(b) The arbitration shall proceed under the then- most current JAMS rules for employment disputes.
(c) The costs of arbitration, and the fee of the arbitrator, shall be borne solely by the CITY.
(d) The prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which that party may be entitled.
Section 8.03. This Agreement supersedes any and all ot her agreement, either oral or in writing, between the parties hereto with respect to the employment of EMPLOYEE by CITY and contains all of the covenants and agreements between the parties with respect to that employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party.
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7 Section 8.04. Any modification of this Agreement will be effective only if it is in writing and signed by the party to be charged.
Section 8.05. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
Section 8.06. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
Section 8.07. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California.
Section 8.08. The terms and conditions of EMPLOYEE's employment, including additional employment benefits of EMPLOYEE not specifically provided for in this Agreement, shall be governed by CITY's personnel policies and procedures and administrative regulations, to the extent not inconsistent with the provisions of this Agreement. In the event of any such inconsistency or conflict, the provisions of this Agreement shall govern.
[SIGNATURE PAGE FOLLOWS]
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8 AGREED TO by the undersigned:
For the CITY: For the EMPLOYEE:
_______________________ __________________________
Stephanie Klopfenstein, Mayor MATTHEW S. WEST
Attest:
________________________
CITY CLERK
Approved as to form:
__________________________
CITY ATTORNEY
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1 ATTACHMENT 1
Separation Agreement and General Release
This Separation Agreement and General Release ("Separation Agreement") is entered into by ____________________ ("City Manager") and City of Garden Grove ("Employer"), in light of the following facts:
RECITALS
A. City Manager's employment by Employer, and the Employment Agreement under which he was employed, have been terminated effective ________________, 20__.
B. City Manager is hereby informed that he has 21 days from the effective date of the termination when he received this Agreement to consider it. Employer her eby advises City Manager to consult with an attorney before signing this Agreement.
C. City Manager acknowledges that for a period of 7 days following the signing of this Separation Agreement ("Revoc ation Period"), he may revoke this Separation Agreement. This Separation Agreement shall not become effective or enforceable until the Revocation Period has expired.
D. City Manager acknowledges that the Salary Payment referenced in paragraph 1 of this S eparation Agreement represents all compensation, including salary and accrued leave, due and payable to him through his termination. City Manager also acknowledges that Employer has made this Salary Payment without regard to whether he signs this Separation Agreement. The Salary Payment does not constitute consideration for this Separation Agreement.
E. City Manager acknowledges that the Separation Pay referenced in paragraph 2 of this Separation Agreement is in excess of all amounts that are due and owing to him as a result of his employment by Employer.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, receipt of which is her eby acknowledged, the parties agree as follows:
AGREEMENT
1. Receipt of Salary Payment. City Manager hereby acknowledges receipt of a check for all salary and accrued leave owing ("Salary Payment") from Employer.
2. Separation Pay. Following return to Employer of this Separation Agreement signed by City Manager and expiration of the Revocation Period, not having been revoked by City Manager, Employer shall make the applicable Separation Pay provided for under his Employment Agreement with Employer.
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2 3. General Release. In consider ation of the Separation Pay to be given to City Manager, and ot her good and valuable consideration, City Manager her eby releases and discharges Employer and its past and present elected and appointed officials and officers, employees, representatives, agents and attorneys, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his employment with Employer which he now has, or ever had, including but not limited to any rights, claims, causes of action, or damages arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938, the Americans with Disabilities Act, the Meyers -Milias Brown Act, the Vocational Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the California Moore-Brown-Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, or the California Labor Code, under any other federal, state, or local employment practice legislation, or under federal or state common law, including wrongful discharge, express or implied contract, breach of public policy, or violation of due process rights.
City Manager her eby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. City Manager understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or h er, would have mat erially affected his or h er settlement with the debtor or released party."
Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of Employer and its past and present elected and appointed officials and officers, employees, representatives, agents and attorneys, City Manager expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he does not know or suspect to exist in his favor.
City Manager further acknowledges that he has read this General Release, that he understands that this is a general release, and that he intends to be legally bound by the same.
4. Fees and Costs. EMPLOYEE and CITY agree that in the event of arbitration relating to this Separation Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any ot her relief to which the party may be entitled.
5. Complete Agreement. Except for the applicable provisions of the parties' Employment Agreement, which are referenced her ein, this is the entire agreement between EMPLOYEE and CITY with respect to the subject matter hereof and this 497
3 Separation Agreement supersedes all prior and contemporaneous oral and written agreements and discussions. It may only be amended in writing.
IN WITNESS W HEREOF, the parties have caused this Agreement to be executed as of the dates reflected below.
DATED:___________________________
CITY MANAGER
________________________________
By:
DATED:____________________________
CITY OF GARDEN GROVE
________________________________
By:
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Item 378/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Omar Sandoval
Dept:
City Manager Dept: City Attorney
Date: 9/8/2026
Subject: Second reading and Adoption of Ordinance No. 2980, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, ADDING CHAPTER 8.72 TO TITLE 8 OF THE GARDEN GROVE
MUNICIPAL CODE TO ESTABLISH SAFETY AND SECURITY REQUIREMENTS FOR HOTEL WORKERS. (Action Item)
Attached for second reading is Ordinance No. 2980, recommended for adoption.
ATTACHMENT(S)
1. Ordinance No. 2980
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ORDINANCE NO. 2980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, ADDING CHAPTER 8.72 TO TITLE 8 OF THE GARDEN GROVE MUNICIPAL
CODE TO ESTABLISH SAFETY AND SECURITY REQUIREMENTS FOR HOTEL WORKERS City Attorney Summary
This ordinance enacts regulations to protect hotel workers from violent or threatening conduct such as conduct that involves physical violence or that would reasonably be interpreted as conveying a threat of the use of physical violence, including rape, assault, battery, as well as any threat or attempt to commit such an act. It is also intended to protect hotel workers from any sexual conduct or solicitation to engage in sexual conduct directed at a hotel worker without their consent, including indecent exposure.
WHEREAS, the City of Garden Grove is a municipal corporation organized under the laws of the State of California and has authority under its police power to adopt regulations to protect and promote the public health, safety, and welfare; and WHEREAS, the hospitality and tourism industry is an important component of the City’s economy, supports employment, and generates revenues used to provide public services; and
WHEREAS, hotel workers, particularly employees who work alone in guest rooms, restrooms, and other isolated areas, may be vulnerable to violent or threatening conduct, including sexual assault and other emergencies; and WHEREAS, requiring hotel employers to provide personal security devices, trained response personnel, incident procedures, and employee protections will promote worker safety and improve public safety; and
WHEREAS, the City Council desires to establish consistent, reasonable, and enforceable safety standards while allowing hotel employers flexibility to select compliant technology and operating procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the foregoing recitals are true and correct and incorporates them into this Ordinance by this reference.
SECTION 2. C hapter 8.72 is hereby added to Title 8 of the Garden Grove Municipal Code to read as follows:
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Ordinance No. 2980
CHAPTER 8.72
HOTEL WORKER PROTECTIONS
§ 8.72.010 Definitions.
Words and phrases used in this chapter that are not specifically defined in this section shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. “Adverse employment action” means an action that detrimentally and materially affects the terms, conditions, or privileges of employment, including discharge, reduction in compensation or work hours, alteration of an established work schedule, material increase in workload, imposition of fees or charges, or change in duties. “City” means the City of Garden Grove.
“Emergency” means an immediate threat to public safety or a substantial risk of property loss or destruction.
“Guest” means a registered guest of a hotel, a person occupying a guest room with a registered guest, or a visitor invited to a guest room by a registered guest or other person occupying the room.
“Guest room” means a room, suite, dwelling unit, cottage, bungalow, or similar accommodation intended for transient sleeping purposes. “Hotel” means an establishment that provides temporary lodging for payment in the form of overnight accommodations in guest rooms to transient patrons for periods of thirty consecutive calendar days or less, and may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. “Hotel” includes hotels, motor lodges, motels, apartment hotels, transient occupancy residential structures, and extended-stay hotels that rent units (including units with kitchens) for thirty days or less, private residential clubs, tourist courts, and hostels that contain both dormitory-style accommodations and private guest rooms that may be reserved, meeting the definition set forth above. “Hotel” also includes any contracted, leased, or sublet premises operated in conjunction with a hotel or that is used for the primary purpose of providing services at a hotel. Except as provided above, the term “Hotel” does not include corporate housing, rooming houses, boarding houses, single-room occupancy housing, or licensed bed and breakfast establishments within a single-unit residence. “Hotel employer” means a person or entity that owns, controls, or operates a hotel in the City, and includes a contractor or subcontractor that employs hotel workers to provide services at a hotel in conjunction with the hotel’s purpose. 502
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“Hotel worker” means a person employed by a hotel employer to provide services at a hotel. The term does not include a managerial, supervisory, or confidential employee.
“Personal security device” means a portable emergency contact device, including a panic button, that can be readily carried and activated by a hotel worker, signals the worker’s location, and provides direct electronic contact with designated response personnel. A whistle, noise-maker, alarm bell, or device that is not connected to monitoring and response personnel is not a personal security device. “Response personnel” means designated and trained personnel assigned to monitor and immediately and properly respond to personal security device activations. At least one response person shall be on duty and available at all times that hotel workers are working on hotel property.
“Violent or threatening conduct” means (1) any conduct that involves the use of physical violence or that would reasonably be interpreted as conveying a threat of the use of physical violence, and includes but is not limited to rape, assault (including sexual assault), and battery (including sexual battery), as defined by the California Penal Code, as well as any threat or attempt to commit such an act; or (2) any sexual conduct, or solicitation to engage in sexual conduct, directed at a hotel worker without the consent of the hotel worker and includes, but is not limited to, indecent exposure as defined by the California Penal Code. § 8.72.020 Personal security devices and response requirements.
A. A hotel employer shall provide, at no cost, a personal security device to each hotel worker assigned to work alone in a guest room or restroom facility. The hotel employer shall maintain each device and related monitoring system in good working order.
B. A hotel worker may activate a personal security device whenever the hotel worker reasonably believes that violent or threatening conduct or another emergency is occurring in the worker’s presence on hotel property or in the workplace. Immediately before or upon activation, the worker may stop work and leave the immediate area of danger to await assistance.
C. A hotel employer shall not take an adverse employment action against a hotel worker for activating a personal security device, contacting 911 or law enforcement, or leaving an area of perceived danger, unless the employer establishes by clear and convincing evidence that the worker knowingly and intentionally made a false claim of emergency.
D. A hotel employer shall at all times have designated and assigned response personnel who can receive alerts from personal security devices and provide immediate on-scene assistance in the event that a personal security device is activated. Hotel employers shall maintain accurate and contemporaneous records identifying the persons or positions assigned as response personnel. 503
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E. Nothing in this chapter shall be construed to obligate a hotel worker to utilize the personal security device as opposed to dialing 911 or otherwise directly contacting law enforcement personnel to report violent or threatening conduct or an emergency. To the extent the hotel worker chooses to utilize 911 or direct law enforcement reporting instead of, or in addition to, the personal security device, all rights and obligations of the hotel worker and the hotel employer shall remain the same under this chapter.
§ 8.72.030 Rights following violent or threatening conduct.
A hotel worker who brings to the attention of a hotel employer violent or threatening conduct occurring on hotel property and/or in the workplace shall be afforded the following rights:
A. A hotel employer shall allow a hotel worker sufficient paid time, not to exceed eight hours on the date of the incident, to report violent or threatening conduct to a law enforcement agency and to consult with a counselor or adviser of the worker’s choice.
B. A hotel employer shall not prevent or attempt to prevent a hotel worker from reporting violent or threatening conduct to a law enforcement agency.
C. A hotel employer shall not take or threaten to take an adverse employment action based on a hotel worker’s decision to report or not report violent or threatening conduct to law enforcement.
D. Upon request, a hotel employer shall provide reasonable accommodations to a hotel worker who has been subjected to violent or threatening conduct.
Reasonable accommodations may include, but are not limited to, a modified work schedule, reassignment to a vacant position, or other reasonable adjustment to job structure, workplace facility, or work requirements. § 8.72.040 Guest notice.
A. A hotel employer shall inform each registered guest at the time of room check-in that City law protects hotel workers from threatening behavior and that in compliance with City law, the hotel provides personal security devices to its employees.
B. A hotel employer shall prominently place in each guest room a written notice stating substantially: “Garden Grove law protects hotel workers from threatening behavior. This hotel provides personal security devices to its employees.” The notice shall reference this chapter of the Garden Grove Municipal Code.
C. The City Manager or his/her designee may approve substantially equivalent wording and alternative formats that provide clear and conspicuous notice to hotel guests.
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§ 8.72.050 Training.
A. A hotel employer shall provide comprehensive training to hotel workers covered under section 8.72.020(A) on the proper use and maintenance of personal security devices, the employer’s response procedures for responding to activation of a personal security device, worker rights, and employer obligations under this chapter.
B. Training shall occur during paid work time, within thirty days after a worker’s date of hire or assignment to covered duties, and at least annually thereafter.
C. Training shall be provided in English and in each language known by the hotel employer to be spoken by at least ten percent of the hotel workers employed at the hotel.
D. Response personnel shall receive annual paid training on the requirements of this chapter, proper functioning and maintenance of personal security devices, and procedures for responding to an activation.
E. The hotel employer shall maintain accurate records showing the content, date, and attendance for each required training for a minimum of three years. § 8.72.060 Records and inspection.
A. A hotel employer shall retain records of personal security device activations and related incidents for at least three years from the date of the activation or incident.
B. The hotel employer shall maintain written operating procedures for monitoring devices, dispatching response personnel, documenting activations, and maintaining equipment.
C. Records and operating procedures required by this chapter shall be made available to the City upon reasonable request, subject to applicable privacy and confidentiality laws. Personally identifying victim information may be redacted unless disclosure is required by law.
§ 8.72.070 Retaliation prohibited.
No person shall discharge, reduce in compensation, discriminate, or otherwise take an adverse employment action against a hotel worker for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce their rights under this chapter by any lawful means, or for otherwise exercising rights protected under this chapter. A hotel employer taking any adverse employment action against any hotel worker who is known to have engaged in any of the foregoing activities within one (1) year preceding the adverse employment action shall provide to the hotel worker at or before the time of the adverse employment action a detailed written statement of the reason or reasons for the discharge or other adverse employment action, including all the facts claimed to substantiate the reason or reasons.
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§ 8.72.080 Administrative regulations and City enforcement.
A. The City Manager or his/her designee may adopt administrative regulations, forms, notices, compliance procedures, and reasonable implementation standards consistent with this chapter.
B. A violation of administrative regulations adopted under this section constitutes a violation of this chapter.
§ 8.72.090 Civil enforcement and remedies.
A. Civil action. An aggrieved person may enforce this chapter through a civil action in a court of competent jurisdiction.
B. Injunctive relief. A person who commits, proposes to commit, or engages in a pattern or practice that violates this chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunctive relief may be brought by an aggrieved person or by a person or entity that will fairly and adequately represent the interests of one or more aggrieved persons.
C. Damages and penalties. A person who violates this chapter is liable for actual damages suffered by an aggrieved person or statutory damages of up to one hundred dollars per aggrieved person per day of violation, whichever is greater; provided, however, that statutory damages shall not exceed five hundred dollars per day in total. For a willful violation, damages and penalties under this subsection may be trebled by the court.
D. Attorneys’ fees and costs. In a civil action brought under this section, the court shall award the prevailing party reasonable attorneys' fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.
E. Cumulative Remedies. The remedies set forth in this chapter are cumulative.
Nothing in this chapter shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under this Code or State law
F. No criminal penalties. No criminal penalty shall attach solely for a violation of this chapter. Conduct addressed by this chapter may nevertheless be subject to criminal prosecution under other applicable law.
G. Coexistence with other available relief for deprivation of protected rights. This chapter shall not be construed to limit an aggrieved person's right to bring legal action for violation of any other federal, state, or local law. 506
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§ 8.72.100 Relationship to other laws.
This chapter establishes minimum local standards. It shall not be construed to reduce or waive any right, duty, or protection provided by a collective bargaining agreement or by federal, state, or local law. If another applicable law provides greater protection to a hotel worker, the provision providing greater protection shall control to the extent permitted by law.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.
SECTION 4. E
ffective Date and Compliance Date. This chapter shall take effect on January 1, 2027. If a hotel employer is unable, after exercising reasonable diligence, to procure sufficient personal security devices by January 1, 2027, to equip its hotel workers as required by this chapter, it may apply for an extension of time as provided in the Administrative Regulations promulgated pursuant to this chapter.
SECTION 5. T
he Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and posted as required by law. This ordinance shall take effect thirty days after adoption.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
MAYOR
ATTEST:
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on August 25, 2026 with a vote as follows:
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AYES: COUNCIL MEMBERS: (7) NGUYEN, TRAN, DOVINH, MUÑETON
ARESTEGUI, BRIETIGAM, KLOPFENSTEIN
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
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