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RESOLUTION NO. R,-7,fi
RESOLUTION OF THE CITY OF SAN BERNARDINO URGING CONGRESS TO
EXEMPT STATE AND LOCAL EMPLOYEES FROM THB FAIR LABOR STANDARDS
ACT (FLSA).
WHEREAS, the Fair Labor Standards Act (FLSA) has been held
by the united States Supreme Court to apply to compensation paid
by states and local governments to their employees to the extent
that application of the FLSA does not interfere with the
Federalism-based freedom of states and local governments; and
WHEREAS, existing compensation and job scheduling
arrangements and agreements best serve the public needs of the
City of San Bernardino, as memorialized in various collective
bargaining agreements and through charter provisions, and
our officials, our employees, and our citizens wish to retain
that system;
NOW, THEREFORE, BE IT RESOLVED that the City of San
Bernardino hereby urges Senator Alan Cranston, Senator Pete
Wilson and Congressman George Brown as well as the Chairmen of
the Subcommittee on Labor Standards of the House Education and
Labor Committee, and the Subcommittee on Labor of the Senate
Labor and Human Resources Committee to each endor$e and introduce
the proposed Bills attached hereto as Exhibits 1, 2 and 3. The
cost to the City of Saa 8ernardino if such action is not taken is
estimated at over ....rOOO annually in overtime costs previously
paid in popular co~nsatory ti.e off, now held illegal under the
decision, plus a large sum in changing our records to meet FLSA
requirements.
BE IT FURTHER RESOLVED that a copy of this resolution and
attached Bills be forwarded to the National Institute of
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1 Municipal Law Officers, 1000 Connecticut Avenue, N.W.,
2 Washington, D.C. 20036.
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5
Bernardino at a
rAgnl.4r
meeting thereof, held on the
, 1985, by the following vote, to
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day of
1st
.11lly
7 wit:
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Council Members
AYES:
Estrada. Reillv. Marks
9
Quiel. Frazier. Strickler
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NAYS:
None
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ABSENT:
rnnnril MAmhe:.r HQrn::llnn~':l
~A0'~.(.0/
/ CITY CLERK
The foregoing resolution is hereby approved this /(:1 'CrU day
of
JUly
, 1985.
Approved as to form:
21 ~~'/r:'j
22 City Attorney
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PROPOSE" LEGISLATION EXEMPTING ALL S~E AND LOCAL GOVERNMENT
EMPLOYEES FROM THE FLSA
.
An Act to amend the Fair Labor Standards Act of 1938 to
exclude from coverage employees of States and political subdivisions
of States.
Section 1. This Act may be cited as the Fair Labor Standards
Act Amendments of 1985.
Section 2. Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or
other provision, the section amended or repealed is a section or
provision of the Fair Labor Standards Act of 1938 (29 u.s.e.
55201-219).
Section 3. Section 3(e) (2) (e)l is repealed.
Section 4. Section 3(x)2 is amended by striking the words
"the government of a State or political subdivision thereof" and
striking the words "a State or a political subdivision of a State;
or any interstate governmental agency."
Section 5: This Act shall be effective as of February 19,
1985.
129 U.S.C. S203(e) (2) (C).
229 U.S.C. S203(x).
EXHIBIT 1
PROPOSEn LEGISLATION CODIFYING THE SECRETARY OF LAROR'S
~XEMPTION R~GULAT!UN~
An Act to amend the Fair Labor Standards Act of 1938 to exclude
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from coverage certain employees of States and political subdivisions
of States.
Section 1. This Act may be cited as the Fair Labor Standards
Act Amendments of 1985.
Section 2. Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the section amended or repealed is a section
or provision of the Fair Labor Standards Act of 1938 (29 U.S.C.
SS20l-2l9).
Section 3. Section 3(e) (2) (C)*l is amended by striking the
final "." and substituting therefor the following: "; and" and
adding the following:
(iii) who performs the following functions:
(I) schools,
(II) hospitals,
(III) fire prevention,
(IV) police protection,
(V) sanitation,
(VI) public health,
(VII) parks and recreation,
(VIII) libraries,
(IX) museums.
Section 4. This Act shall be effective as of February 19, 1985.
EXHIBIT 2
*129 L'.S.C. ~203(e) (2) IC).
.
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PROPOSED LEGISLATION OIRECTING THE SF.CRP.TARY OF LABOR TO
CONTINUE TO ENFORCE HIS EXEMPTION REGTlLATIONS
.
Section 1. This Act may be cited as the Fair Labor Standards
Act Amendment of 1985.
Section 2. The Secretary of Labor and the Administrator of
,\
the Wage and Hours Division of the Department of Labor are hereby
directed to retain and continue to enforce the regulations issued
on December 21, 1979, 44 Federal Register 75630, now codified as
Title 29, Code of Federal Regulations SS775.2-775.4, from February
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19, 1985 until such time as Congress and the President have had an
opportunity to consider the scope of the coverage under the Fair
Labor Standards Act of 1938, 52 Stat. 1060, as amended, for employees
of nonfederal public agencies and have given further direction to
the Secretary and Administrator.
Section 3. This Act will be effective as of February 19, 1985.
EXHIBIT 3