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'CI-R. OF SAN BERNARDQO - REQUBT FOR COUNCIL AC~ION
From: Ralph H. Prince
Subject: NIMLO FLSA Litigation Trust
Fund '\1_-1 rfH~lOt:~n t.
Dept: City Attorney
Date:
Synopsis of Previous Council action:
None
Recommended motion:
Adopt resolution and authorize transfer of $2,000 from appropriated
reserve account.
/~~
{, Signature
Contact person:
Ralph H. Prince
Phone:
5255
Supporting data attached:
Yes
Ward: N/A
A~propriated Reserve
FUNDING REQUIREMENTS:
Amount: $2,000.00
Sou rce:
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CI9v OF SAN BERNARDio - REQU~ST FOR COUNCIL AglON
STAFF REPORT
The National Institute of Municipal Law Officers, by letter
dated July 19, 1985, requests that the City of San Bernardino
participate in a lawsuit before the United States Supreme
Court contending that the Fair Labor Standards Act cannot
constitutionally apply to health, police, fire and other
essential local government functions.
NIMLO has retained former U.S. Solicitor General Rex E. Lee
as lead counsel, and estimates that the cost of the lawsuit
to be filed will be approximately $400,000. NIMLO requests
that the City contribute $2,000 to assist in the lawsuit by
entering into the attached FLSA Litigation Trust Fund Agreement.
The City will have its contribution returned pro rata for any
money contribution in excess of the costs of the suit.
The City Attorney's Office Litigation Account has insufficient
money to fund this request; therefore, if the Mayor and Common
Council desire to participate in the litigation, funds should
be designated from the appropriated reserve account.
75-0264
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1
RESOLUTION NO.
6 SECTION 1. The City Attorney of the City of San Bernardino
7 is hereby authorized and directed to execute on behalf of said
8 City NIMLO FLSA Litigation Trust Fund Agreement providing for a
9 two thousand dollar contribution by the City of San Bernardino
10 to assist with litigation costs, a copy of which is attached
11 hereto, marked Exhibit -A- and incorporated herein by reference as
12 fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
meeting thereof, held on
16 the
day of
, 1985, by the following vote,
17 to wit:
18
19
AYES:
Council Members
20 NAYS:
21 ABSENT:
22
23
24
City Clerk
The foregoing resolution is hereby approved this
day
25 of
, 1985.
26
27
28
Approved as to form:
Mayor of the City of San Bernardino
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REl'URN ID:
NIMW FLSA LITlGA.TION TRUST FUND J\GREEMENl'
~TE: August I, 1985
J. LaMAR SHELLEY, PRESIDENl'
NATI<N\L INSTI'lUl'E OF KlNICIPAL lAW OFFICERS
. 1000 c:x:mECl'IaJl' AVENJE, N.W., SUITE 800
~INGTON, D.C. 20036
'!he City of San Bernardinohereby attaches its check in the
(State, City or County)
CImXlnt of $ 2,000. o Qaccording to pqW.atien fonnula shown en this agreanent) payable
to NIMW FLSA Litigatien Trust Fw1d to be placed in a NIMW Trust Fw1d for use for the
expenses, legal fees, experts and others \Ioi1o are Ellployed by the Trustees to support
litigatien attacking the provisicns of the Fair labor Standards Act (FLSA) as inter-
preted in Garcia v. San Antalio as to transit workers as explained in NIMW's letter
to its manbers dated May I, 19,85, because of its b.udenscme, costly and WlCOI1Stitu-
tiooal iJrpact upon the Cl.ty .
(State, City or COUnty)
In addition, the City attaches, or has alreadyfoJ:Warded, to
(State, City or County)
NIMW a statanent estimating the total cost to change its personnel records and sche-
dules, and to cover increased persamel and overtime costs, of this legislation to the
_ City If calsidered necessary by NIMW litigatien coonse1, the
(State, City or County)
City agrees that an officer of its municipality may act as a witness
(State, City or COUnty)
at any hearing held by a Court before whan this case may cane to find the facts as to
the iJrpact of FLSA upon the undersigned _ C i t Y . If deaned helpful by
(State, City or County)
said counsel, the name of this City may be entered as an intervening
(State, City or COUnty)
party and the undersigned coonse1' s name may be sIgned to pleadings, briefs and other
papers in this litigatien. All such papers will be cleared with all counsel before
they are filed if tine peIlIIi.ts.
PoI:W-ation of Participating Jurisdictien
25,000 and Under
25,001 - 50,000
50,001 - 200,000
200,001 - 500,000
500,001 - 1,000,000
OI1er 1,000,000
Suqgested Trust Fw1d Payment
$ 500
$ 1,000
$ 2,000
$ 3,000
$ 7,500
$15,000
City of San Bernardino
Participating Jurisdictien
RALPH H. PRINCE,
Name, Title and Signature of Authorized COUnsel l:l'l'Y A'l"l'UHNIH
Room 668, 300 North "0" Street, San Bernardino, CA 92418 (7l4) 383-5355
Mailing J\ddress and Telephone Nunber of Authorized COUnsel
Please send in the signed "agreanent" at your earliest convenience.
J:'YUJD'T