Staff Report. Juneteenth Holiday with attachments
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022 ITEM NO: 7
DATE: October 19, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance, By Title Only, to Amend Town Code Section
1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the
Juneteenth Holiday
RECOMMENDATION:
Introduce an ordinance, by title only, to amend Town Code section 1.10.075, “Official Town
Holidays – Designated; Exceptions,” to add the Juneteenth Holiday.
BACKGROUND:
On June 16, 2021, President Joe Biden signed a bill passed by the Senate and House to officially
recognize Juneteenth as a federal holiday.
This additional holiday was agreed to in the Town’s 2022 labor negotiations with its bargaining
units and the July 1, 2022 – June 30, 2024 Memoranda of Understanding (MOUs) contain this
holiday.
President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, declaring
the slaves in Confederate territory free, paving the way for the passing of the 13th Amendment
which formally ended slavery in the United States. The communication of the signing of the
Emancipation Proclamation was delayed by two and a half years, to June 19, 1865, in reaching
authorities and Black/African American people in the South and Southwestern United States.
June 19th is called "Juneteenth" combining the words June and nineteenth and has been
celebrated by the Black/African American community for over 150 years.
PAGE 2 OF 2 SUBJECT: Adding Juneteenth Holiday DATE: October 19, 2022
CONCLUSION:
In recognition of Juneteenth, staff is recommending that the Town Council introduce a
proposed amendment to Section 1.10.075, “Official Town Holidays – Designated; Exceptions,”
of the Town Code to add Juneteenth to the list of the Town’s observed holidays. If introduced
by the Town Council, this proposed ordinance will return to the Town Council for adoption at a
subsequent meeting and will take effect 30 days after adoption.
COORDINATION:
The Town Attorney’s Office and Town Manager’s Office coordinated this report.
FISCAL IMPACT:
This agenda item will add one new paid holiday to the Town’s official holiday calendar.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Ordinance
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Ordinance November 1, 2022
DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING
TOWN CODE SECTION 1.10.075, “OFFICIAL TOWN HOLIDAYS – DESIGNATED;
EXCEPTIONS” TO ADD JUNETEENTH AS A TOWN HOLIDAY
WHEREAS, Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” lists the
Town holidays;
WHEREAS, Juneteenth has been included as a holiday in the Town’s recently-amended
memorandums of understanding with the Town’s labor organizations; and
WHEREAS, the Town Council deems it necessary to amend Section 1.10.075, “Official
Town Holidays – Designated; Exceptions,” of the Town Code to add Juneteenth, to the list of
recognized Town holidays in the Town Code;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS as
follows:
SECTION I. Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town
Code is hereby amended to add the following underlined language and re-number the holidays:
Sec. 1.10.075. Official Town holidays—Designated; exceptions.
(a) The following days shall be holidays for the Town:
(1) January first.
(2) The third Monday in January.
(3) The third Monday in February.
(4) The last Monday in May.
(5) Juneteenth
(6)(5) July fourth.
(7)(6) The first Monday in September.
(8)(7) Thanksgiving Day.
(9)(8) The Friday following Thanksgiving Day.
(10)(9) December twenty-fifth.
(11)(10) Every day appointed by the President or Governor for a public fast, thanksgiving
or holiday, which is also designated as a Town holiday by the Mayor through
written directive. ATTACHMENT 1
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Ordinance November 1, 2022
(b) If any of the holidays designated above fall upon a Saturday, the preceding Friday, instead
of Saturday, shall be the holiday. If any of the holidays designated above fall upon a
Sunday, the succeeding Monday, instead of Sunday, shall be the holiday.
(c) If provisions of this section are in conflict with provisions of a memorandum of
understanding, the memorandum of understanding shall be controlling without further
legislative action, except that if such provisions of a memorandum of understanding
require the expenditure of funds, then the provisions shall not become effective unless
approved by the Town Council in the annual budget.
(Code 1968, § 1-13)
SECTION 2. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance or its application to other persons
and circumstances. The Town Council of the Town of Los Gatos declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion
thereof despite the fact that any one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions
hereof are hereby declared to be severable
SECTION 3. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section
15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential
to result in physical change in the environment, directly or indirectly. This Ordinance is also
exempt under CEQA Guideline 15061{b)(3) because it can be seen with certainty that there is
no possibility that the Ordinance may have a significant effect on the environment.
SECTION 4. PUBLICATION. The Town Clerk is directed to cause copies of this ordinance to be
posted in three (3) prominent places in the Town of Los Gatos and to cause publication once in
the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a
notice setting forth the date of adoption, the title of this ordinance, and a list of places where
copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance. In
lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a
summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days
after adoption by the Town Council and a certified copy shall be posted in the office of the
Town Clerk, pursuant to GC 36933(c)(1).
SECTION 5. EFFECTIVE DATE. This Ordinance was introduced at a regular meeting of the Town
Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the following
vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect 30 days after it is
adopted.
COUNCIL MEMBERS:
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Ordinance November 1, 2022
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________