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HomeMy WebLinkAbout50-City Administrator . . CITPOF SAN BERNARDIQ - REQUEQ FOR COUNCIL AC,Q.N From: Raymond D. Schweitzer Administrative Subject: Resolution urging Congress to exempt State and Local employees from the Fair Labor Standards Act Dept: Date: June 4, 1985 Synopsis of Previous Council action: NON E. Recommended motion: Adopt resolution. Contact person: M. J. Perl ick. Director of Personnel Phone: 5161 N/A Supporting tlata attached: Yes Ward: FUNDING REQUIREMENTS: Amount: N/A Sou rce: Finance: Council Notes: ..,.<::n...II:.. Aaenda Item Nn~ 0, . . CIT~ OF SAN _RNARDI.66 - RI!QUI!~ FOR COUNCIL AC~N STAFF REPORT The resolution would urge Congress to exempt state and local government employees from the Fair Labor Standards Act. As you know, the recent U.S. Supreme Court decision in Garcia vs. San Antonio Metrosolitan Transit Authority.case has made the federal Fair Labor Standar s Act applicable to cities and states, as legislatively authorized by Congress in 1974. Since it was the Supreme Court in 1974 that barred making the act applicable to the cities, it is not overly likely that Congress will now change the law. However, that is a possi- bility. The National Institute of Municipal Law Officers, of which our City is a member, has recommended that every City adopt a resolution similar to that which is attached. 75.0264 . . o o o o RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO URGING CONGRESS TO EXEMPT STATE AND LOCAL EMPLOYEES FROM THE FAIR LABOR STANDARDS 3 ACT (FLSA). 4 WHEREAS, the Fair Labor Standards Act (FLSA) has been held 5 by the United States Supreme Court to apply to compensation paid 6 by states and local governments to their employees to the extent 1 that application of the FLSA does not interfere with the 8 Federalism-based freedom of states and local governments; and 9 WHEREAS, existing compensation and job scheduling 10 arrangements and agreements best serve the public needs of the 11 City of San Bernardino, as memorialized in various collective 12 bargaining agreements and through charter provisions, and 13 our officials, our employees, and our citizens wish to retain 14 that system; 15 NOW, THEREFORE, BE IT RESOLVED that the City of San 16 Bernardino hereby urges Senator Alan Cranston, Senator Pete 17 Wilson and Congressman George Brown as well as the Chairmen of 18 the Subcommittee on Labor Standards of the House Education and 19 Labor Committee, and the Subcommittee on Labor of the Senate 20 Labor and Human Resources Committee to each endorse and introduce 21 the proposed Bills attached hereto as Exhibits 1, 2 and 3. The 22 cost to the City of San Bernardino if such action is not taken is 23 estimated at over "",000 annually in overtime costs previously 24 paid in popular compensatory time off, now held illegal under the 25 decision, plus a large sum in changing our records to meet FLSA 26 requirements. 27 BE IT FURTHER RESOLVED that a copy of this resolution and 28 attached Bills be forwarded to the National Institute of . . . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o Municipal Law Officers, 1000 Connecticut Avenue, N.W., Washington, D.C. 20036. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1985, by the following vote, to day of wit: AYES: Council Members NAYS: ABSENT: CITY CLERK of The foregoing resolution is hereby approved this , 1985. day Mayor of the City of San Bernardino Approved as to form: ~lh4.r/~ City Attorney .")., . . o PROPOS EO LEGISLATION E~PTING ALL S~ AND EMPLOYEES tROM THE FLSA LOCAL GOVERNMENT o . 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 Laber 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 D.S.C. S203(x). EXHIBIT 1 . . o PROPOSEn LEGISI.ATION THE RETARY OF LAROR'S o . An Act to amend the Fair Labor Standards Act of 1938 to exclude . 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 C.S.C. 5203(e) (2) IC). . . 000 PROPOSED LEGISLATION OIRECTING THE SECRF.TARY OF LABOR TO CONTINUE TO ENFORCE HIS EXEMPTION REGlILATIONS o . 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 55775.2-775.4, from February 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 non federal 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 f o o U.S. Department of Labor EmPIOymentitandards Administration Wage and H r Division Washington. .G.20210 JUN 7 " ~,. &.J /(1:( / )r!;:Jjj. O~~'Ij). fr ~'~/ )ff,- (t 5 fr - '6 flJ Ms. Mary Jane Perlick Di rector of personnel city of San Bernardino 300 North -D- Street San Bernardino, California Dear Ms. perlick: This is in response to your letter of May 28 concerning the effect of the recent decision by the U. S. Supreme Court in Garcia v. San AntQllULH~~tAn Trapili-AYt.hQti.n.J:tJ.l.~ (SbMTA), 53 LH 4135 (Feb. 19, 1985), on the application of the Fair Labor standards. Act (FLSA) .to State and local government employees. On behalf of the City of San Bernardino, you ask the Department of ~abor (the Department).to work with the representatives of the National Public Employer Labor Relations Association to develop rules which provide some flexibility for key governmental opera- tions such as fire, police, and certain nonsafety, public service departments. 92418-0138 The ruling by the Supreme Court in SAMTA and the enforcement policy to be followed by the Department in applying FLSA to State and local governments are under review. Following consultation with appropriate representatives of various interest groups, public employers will be given general notification of this policy . Thank you for providing us with your comments on this matter. tou may be assured that your views and concerns on this important issue are appreciated. Sincerely, ~.~ C'~ :=; -< - = ~. - ~~ Herbert J. 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