Friday, July 13, 2007

Everyone May Get 'Living Wage'

Journal Staff Report
    Mayor David Coss and a solid majority of the City Council on Thursday proposed changes to Santa Fe's "living wage" ordinance, extending the nation's highest local minimum wage law to cover all employers in the city but backing off from increasing the required wage level by $1 an hour next year.
    "I'm very proud of both of these constituencies for working together and coming up with a compromise," Coss said.
    The changes represent a compromise among business organizations, city councilors, union leaders and living wage advocates.
    The amendments have the support of the Santa Fe Chamber of Commerce, which was among business plaintiffs who previously mounted an unsuccessful legal challenge to the living wage law. The proposal also has the endorsement of the Santa Fe Lodgers Association, representing hotels, the local restaurant association and the Santa Fe Business Alliance, representing smaller locally owned businesses.
    Al Lucero, owner of Maria's New Mexican Kitchen restaurant, who has previously been quoted as expressing concerns about the living wage, spoke in favor of the changes at a City Hall press conference. He said $9.50 an hour is "not a living wage, it's a minimum wage."
    "If you think you are going to live on $9.50, you are nuts," Lucero said.
    Under the proposed changes, the living wage ordinance would apply to all employers in
Santa Fe. The law now covers only to businesses with at least 25 employees.
    But the city would drop plans to increase the local minimum wage from the current $9.50 an hour to $10.50 an hour in January. The ordinance originally called for the $10.50 rate to go into effect next year, but the council agreed late in 2005 that the increase would require council approval before going into effect.
    Annual cost-of-living increases to the minimum wage would be enacted starting Jan. 1, 2009, and every year thereafter.
    The cost-of-living increase for future years has always been part of the ordinance, according to Carol Oppenheimer of the Living Wage Network. The increases would be based on a Western regional consumer price index.
    Oppenheimer said the changes were the result of "some tricky negotiations" involving the network, business leaders and others.
    "We feel this is a fair resolution," Oppenheimer said. "It will accomplish a lot for the city. The importance of getting everyone covered and getting the COLA was worth giving up the $10.50."
    "We feel that $9.50 is a credible and defensible minimum wage as long as it's applied across the board," Oppenheimer said.
    Oppenheimer also noted that the changes would eliminate enforcement problems stemming from the existing part of the law that applies the minimum wage only to businesses with at least 25 workers. She said some employers have tried to get around the law by taking out separate businesses licenses for two branches of the same operation.
    "We'd rather have workers with money in their pockets to spend rather than litigation for several years while a judge decides," Oppenheimer said.
    A recent court complaint filed by the city against the Santa Fe Arby's over an alleged failure to pay the minimum wage centered on whether a business has to have 25 employees in Santa Fe alone— or 25 workers including employees in outlets in other cities or elsewhere outside of Santa Fe— for the living wage ordinance to apply. That would no longer be an issue under the proposed changes.
    Councilor Patti Bushee, one of only two councilors who hasn't signed on to the changes as a sponsor, said she still hasn't seen the details of the proposal and wants to know more about the planned COLA increases.
    She said she was happy to hear there would not be a push to go to a $10.50-an-hour minimum wage.
    "I don't think the votes were there to go to $10.50 an hour, anyway," Bushee said.
    She said city government itself doesn't have the money to pay a $10.50-an-hour minimum wage.
    "We can't afford it," she said.
    She said it was fine to extend the law to all employers and that she believes most are already paying $9.50 an hour.
    "The mom and pops have had time to adjust," she said.
    City Councilor Karen Heldmeyer said she hadn't signed on as a sponsor of the resolution because she hadn't yet read it.
    "As it's been discussed, I have no objections to it, but I haven't read the detail," she said. "I do not sign onto resolutions until I read them."
    Heldmeyer said she wanted to make sure that part-time workers were covered in the proposed new ordinance, as they are in the one currently in effect.
    In addition to Coss, sponsors of the amendments are Councilors Matthew Ortiz, Miguel Chavez, Chris Calvert, Rebecca Wurzburger, Ron Trujillo and Carmichael Dominguez.
    "It's a wonderful place for the city to be," Wurzburger said. "Four years ago, we were still very divided. Today, the same group of people were all together. I'm also very happy we'll have a study group before we move forward."
    But not everyone is happy with the proposal.
    Activist Jerilou Hammett, a longtime supporter of the living wage law, said it was "outrageous" to abandon plans to move the minimum wage to $10.50 an hour.
    "They've cut a deal with the business community," Hammett said. She said the changes would benefit big employers like hotels and that most small business already pay their employees more than $10.50.
    "This is not going to help working people in this town," she said, adding that $10.50 an hour is still below the poverty level.
    Oppenheimer responded that getting all workers covered was important and that, in fact, many workers are not paid $9.50 an hour now, according to both business leaders and workers. She said it's unfair that some workers are covered and others aren't.
   
Santa Fe's living wage law became effective in 2004 with an $8.50-an-hour minimum wage. The rate was increased to $9.50 an hour in 2006. Santa Fe has the nation's highest required minimum wage affecting a large part of the private sector.