HomeMy WebLinkAbout36-City Clerk
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Greyhound Lines, Inc.
Greyhound Tower Phoenix, Arizona 85077
Phone: (602) 248,5000
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July 30, 1985
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BOT ICE
By Application No. 85-07-042, filed July 15, 1985, with the
California Public Utilities Commission, Greyhound Lines, Inc.
requested approval to increase its passenger bus fares.
Applicant estimates that a 10% increase in passenger bus fares is
required to offset increased operating expenses and provide for a more
reasonable rate of return.
This Notice is provided by Greyhound Lines, Inc., pursuant to Rule
24 of the California Public Utilities Commission's Rules of Practice
and Procedures.
A copy of Application No. 85-07-042 is available upon request
from: R. L. Wilson, Vice President-Traffic, at the above address.
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DISTRICT OFFICE
COMMITTEES:
WAYS AND MEANS
UTILITIES "NO COM....ERCE
EOUc.... TION
STAn: CAPlrOL
SACRAMENTO 95814
19161 445-1552
'323 WEST eOL TON AVENUE
SUITE 101
REDLANDS CALIFORNIA 92374
<1IaIifornia 1firgislaturr
CONSUMER PROTECTION
(7141 798-4242 REOLANDS
17141 383-4137 SAN BERNARDINO
800-325-9798 TOll FREE
SUBCOMMITTEES
WAYS 3: MEANS'
CHAIR"""N, EMPlOYEE COMPENSATION
EDUCATION
EOUC""TION;
HIGMER Eaue" TION
JOINT LEGISLATIVE
BUDGET COMMITTEE
SPECIAL COMMITTEE ON
MEDI-CAL OvERSIGHT
BILL LEONARD
STATE ASSEMBLYMAN
SAN BERNARDINO COUNTY
August I, 1985
Ms. Shauna Clark
City Clerk
City of San Bernardino
P. O. Box 1318
San Bernardino, California 92402
Dear Us. .c;l.~
Thank you for providing me with resolutions on behalf of the
Mayor and City Council Members in support of A.B. 1868,
concerning the State Air Resources Board, and S.B. 969, relating
to public liability.
I am pleased to inform you that I supported A.B. 1868 when it
passed the Assembly in late June. The measure is now before the
full Senate for consideration after the summer recess.
S.B. 969 has yet to come before me for vote. However, I have
studied the measure and expect to support it on the Assembly
floor in mid-August.
I appreciate having the benefit of the Council's views on
legislation. Again, thank you for keeping me informed.
SJf:!J .
BILL dmNARD
BL:dl
6[: 6 Ii 9- ;'I\~ S8.
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P~WILSON
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AllMEDSERYlCES
AGRlCULTUfIE.. NUTRITlON. AND FOIlESTRY
SI"ECIAL COMMITTEE ON AGING
WASHINGTON. D.C, 20510
July 30, 1985
Ms. Shauna Clark
City Clerk
City of San Bernardino
Post Office Box 1318
San BerDardino, California 92402
Dear Ms. Clark:
I am writing to bring you up-to-date on my actions
regarding the Fair Labor Standards Act (FLSA) aDd the
impact of the Supreme Court's decisioD iD Garcia v. San
Antonio Metropolitan Transit Authority OD state and local
governments.
OD July 15, I iDtroduced legislation, S. 1434, to relieve
state and local goverDmeDts and their employees from the
FLSA inflexible maximum hours provisioDS. As you kDOW, uDder
FLSA, employees must be paid time and ODe-half for overtime
and may ~ receive compensatory time-off (comp time) iD lieu
of overtime pay. My legislatioD exempts states aDd their
political sUbdivisions from these maximum hour provisions
and will restore to them the flexibility to allow comp time
or premium pay.
This legislation resulted from a JOiDt Economic Committee
heariDg I chaired on JUDe 25. The evidence presented by state,
county aDd city officials all highlighted the severe fiDaDcial
and administrative impact of the Garcia decision on states and
their political subdivisions. Additionally, employee represen-
tatives have indicated their desire to have the choice between
comp time and time and ODe-half.
I am committed to this legislation because local tax
reduction efforts, receDt cODgressional actions to reduce
deficits, and now the Garcia decisioD leave localities around
the country not only with difficult financial decisioDS,
but also with reduced autonomy to deal effectively and
iDdependently with their unique problems. This legislatioD
will reduce the severe fiDancial and administrative impact
of Garcia on states and localities and will returD to local
governments the autoDomy mandated by the 10th AmendmeDt to the
United States Constitution.
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Ms. Shauna Clark
July 30, 1985
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PreseDtly, there are twenty COspoDsors of my bill aDd
I am committing my energies to Senate actioD this year. I
attempt to keep you abreast of future actions OD S. l434.
the meantime, if you have additioDal thoughts or commeDts
this important issue, please contact Todd Thakar in my
Washington office.
/i:relY,
PETE WILSON
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Q:ongrtssional 1Ucord
PROCEEDINGS AND DF8ATES OF THE 99'h CONGRESS, FIRST SESSION
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UDiled Stales
., America
Vol HI
No. 9J
WASHINGTON, MONDAY,JULY 15,1985
Senate.
By Mr. WILSON (for himself,
Mr. THURMOND, Mr. GARN, Mr.
LUGAR, Mr. DURENBERGER, Mr.
SYMMS, and Mr. ,EXON):
S. 1434. A bill to amend the Fair
Labor Standards Act of 1938 to ex-
clude the employees of States and po-
litical subdivisions of States from the
provisions of that act relating to maxi-
mum hours; to the Committee on
Labor and Human Resources.
EXEMPTING ST.\TE AND LOCAL GOVERNMENTS
FROM OVERTIME PROVISIONS OF FAIR LABOR
STANDARDS ACT
Mr. WIL..C;ON. Mr. President, I rise
today to introduce legislation, to re-
lieve State and local governments
from the financial nightmare created
by the inflexible maximum hours pro-
visions of the Fair Labor Standards
Act [FLSAJ. Under the FLSA, employ-
ees must be paid time and one-half
pay for overtime hours and may not
receive compensatory time off, popu-
la.rly known as comp time. in lieu of
overtime pay.
In Garcia versus San Antonio Metro-
politan Transit Authority, the U.S. Su-
preme Court recently overturned a
long-standing decision which exempt-
ed the "traditional State functions" of
Statf:S and their political subdivisions
from ,congressional regulation under
the Commerce power. Specifically, the
Garica de,cision makes the FLSA appli-
cable to States and their political sub-
divisions. Prior to Garcia, State and
local governments were regulated by
State labor la.ws, and, of course, the
dictates of their collective bargaining
agreements.
This legislation will exempt States
and their political subdivisions from
,the maximum hours provisioris of the
FLSA. Currently, there ate some 30
exceptions to these provisions. TheSe
exemptions include a broa~ range of
occupations inCluding retail and serv-
ice establishment employees, amuse-
ment and recreational establishment
employees, agricultural and horticul-
tural employees, newspaper and radio
employees, and "professionals," "ex-
ecutives," and sales persons. Local gov-
ernments with less than five fire pro-
tection or law enforcement employees
are also already exempt from this pro-
vision of the FLSA.
This legislation will not exempt
States and their political subdivisions
from any other provisions of the FLSA
such as the minimum wage require-
ments the Equal Pay Act, or the child
, .. ,
labor prohibitions.
A Joint Economic Committee hear-
ing I chaired on June 25 on the imPa.<:t
of the Garcia decision provided eVI-
dence, that the FLSA's overtime re-
quirements will cost States and munic-
ipal governments across the Nation
billions of dollars. California alone, it
has been estimated, will be out some
$300 mlllion. ;
I have received letters from many
local government officials who\J.ave
stated that the fiscal and regulatory
burdens that..the Garcia decision cre-
ates will be devastating. The distin-
guished mayor of Los Angeles, ',Tom
Bradley, stated that Los Angeles will
have to expend an additional $50 mil-
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lion to meet the FLSA's rigid require- former mayor, I share the concerns
ments. For Los Angeles County, the about the severe economic and admin-
incremental costs are expected to istrative impact of Garcia on States
exceed $50 million. and localities.
Other California localities are simi- While the added expense cansed by
larly affected: According to recent esLi- the Garcia decision will painfully
mates the maximum hours provisions strain local and State government
of the FLSA will cost Newport Beach budgets, the most compelling reason
$725,000 to $1.2 million, Anaheim for enactment of this legislation is its
$650.000 to $1 million, Palm Springs effect on public safety and fire protec-
$178,000, Watsonville $50000 San tion. Employees in these professions
Jose $4,200,000. Ventura Cou~ty $2 have traditionally been required to
million. and Sausalito $180 000 to work irregular hours. yet enjoyed sub-
$270,000. " stantial comp time for the overtime
This is not sOlely a California prob- hou~s they work.. Labor c~sts for
lem, however. Estimates from pu.bllc safety and fIre protectIOn com-
throughout the United States indi- prlse over one-half of the budgets for
cates similar results. Hollywood-not many local governments. The unfore-
CalifornIa, but' Florida-$858000 seen cost increase in these services
Macon.' GA, $800,000. Coeur d' Aiene: caused by the Garcia decision will
ID, $10,000, Des Plaines, IL, $250.000, f?rce many' local governments to
Keokuk, lA, $80,000, Cleveland, OH, siphon revenue from critical govern-
$4,200,000, Lawton. OK $1 million lllent programs to public safety. or
Salem, OR" $100.000, 'York, PA: !nore seriously, reduce overall spend:
$120,000, Oshkosh, WI, $200,000, and mg for these vital services.
Mesa, AZ, $500,000. A recent article in the Washington
Mr. President, the list is as long as ~o~t ~xposed a telling example of Gar-
the rollcall of America's cities coun- cia s Impact on public safety. Police of-
ties, and States. 'ficers in the District of Columbia were
I must point out Mr. President that pulled off a mUrder investigation so as
these are only a sample of the jurisdic- not to accrue premium overtime pay
tions, both large and small, that will as mandated by Garcia. I wonder if
have to scrimp to find the extra funds these officers had been able to take
~ithout receiving any extra services: comp time instead of overtime pay if
m order to come into compliance with they would have discontinued this in-
a law that has little relation to them. vestigation.
Because of the contemporaneity of the It was not the officers who chose to
Garcia decision. many localities. are leave the investigation. ~ather, be-
only now beginning to realize the dev- cause they were seeking to avoid over-
astating impact of the decision. As a time payments. those managing that
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investigation ended it off from one Jones, chief counsel for the California
shift of investigating homicide officers,'Departrnent of Personnel, stated that
to the next and then the next. so that' "conversion from comp time to cash
three shifts had been involved in this payment will cost California taxpayers
investigation. Frankly. by the time' the from $10 to $20 million annually."
third shift was on the cold trail, it was Considering the fires now blazing In
such that, when they appeared in California, additional millions of dol-
court, the third shift of investigators lars that will be needed to pay fire.
had to seek a continuance. fighters premium overtime pay.
A State's or local government's abili- In addition to this tremendously In-
ty to deal with a crisis situation may creased cost for fire protection. costs
be dangerously undermined by the of other California State programs
Garcia decision. Responding to earth- will be drastically increased: California
quakes, raging fires, tornadoes, and .Highway Patrol, $2,400,000; Depart-
other disasters requires Herculean ef- ment of Fish and Game, $4 million;
forts on the part of public safety em. Department of Developmental Serv-
ployees. If a local government's budget ices, $2,200,000; California Conserva-
is not ample to pay premium overtime, tion Corps, $8,400,000, to illustrate
and it is restricted from rewarding em- Just a few of the State programs that
ployees with comp time, it may very will be impacted.
well threa.ten the public's safety. Cer. There are serious questions whether
tainly,' the recent outbreak of blazing State and local government employees
fires in California and other Western will benefit from the applicability of
States mandates that we Closely exam- the maximum hours provisions of the
ine any Federal law that could im. FLSA. Certainly, the FLSA's prohibi-
pinge on a loc8.I government's ability tion against comp time will, not be wel-
to respond to such a crisis. comed by the employees. To date,
I am all too familiar with the de- State laws have been more than ade-
struction of California's natural re- quate to regulate the State and local
sources, life, and' property that is government employer/employee'rela.
being caused by roaring, fast spreading tionship, particularly becaU6e most
fires in our wildlands and rural areas. State and local governmeht employees
The 62 million acres of California have collectively negotiated their con-
wildlands contain some of the dryest tracts.
and fastest burning areas in the world. This legislation has already received
California firefighters traditionally the support of local governments and
have received comp time for their municipal employee organizations in
heroic efforts which they were able to California and throughout the Nation.
use during the wet winter months. It is also supported by such prominent
Defore these fires began, Talmadge organizations as the National Associa.
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tion of Counties and the National Mr. President, I ask unanimous con-
Council of State Legislatures and sup- sent that this legislation be printed in
ported in.concept by many others. The the RECORD. .
administration has also expressed sup- There being no objection, the bill
port for mitigating the harsn effect of was ordered to be printed in the
the Garcia decision on State and local RECORD, as follows:
governznent. S.1434
From my 11 years of experience as' Be it enacted by the Senate and House 0/
the mayor of San Diego, I know first- Repruentattvel 0/ the United Statu 0/
hand the difficulty of administering a America in Congrea, a"embled, That (a)
local government. The result of local section 13(b) of the FaIr Labor Standards
tax reduction efforts like California's Act of 1938 lB amended- .
proposition 13, recent congressional (1) by strlkin8 out the period at the end of
actions to reduce deficits and now the clause (29) and lnsertlnc In lieu thereof a
, , semicolon and "or'" and
Garcia decision, leave localities around (2) by adding at 'the end thereof the fol-
the country not only with difficult fi- lowing new clause:
nancial decisions, but also with re- "(30) any employee ofa publiC agency
duced autonomy to deal effectively that Is a State, a pc.lltlcalsubd1vislon of a
and independently with their unique State, or an Interstate govemmeDtal
problems. agency....
I question whether anything has oc- (b) The amendments made by subsection
curred since the landmark Usery deci- (a) shall take effect June 24. 1976.
sion-which held that "traditional
State functions" are exempt from con-
gressiOnal regulations-that warrants
the Supreme Court's insistence now
upon Federal intrusion into the deci-
si9ns rightfully made by State and
local gOvernznents. Mr. President, this
legislation will reduce the severe fi-
nancial and administrative impact of
Garcia on States and localities, and
will return the autonomy that is man-
dated by the 10th amendment to the
U.S. Constitution to these local gov.
ernments.
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MAJORITY MEMBUS:
AUSTIN J. MURPHy, I"ENNSYlYANIA. C--.
WM..UAM I8tut CLAY, MISSOUN
MAnHEW G. MARTINEZ. CAUfOflNtA
PAT WILLIAMS. MONTANA
AUGUSTUS f. HAWKINS. CAUFORNlA. EX OFflCtO
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C20:Z) 22!;>-1921
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MINORITY MEMHftS;
THOMAS E. PETRI. WISCONSIN
STEVt 1MI1.ETT, TEXAS
JAMES M. JEFFORDS. YUIMONT. EX omc:lO
COMMITTEE ON EDUCATION AND LABOR
U,S, HOUSE OF REPRESENTATIVES
B-346A RAYBURN HOUSE OFFICE BUilDING
WASHINGTON, DC 20515
SUBCOMMITTEE ON LABOR STANDARDS
July 29, 1985
Shauna Clark, City Clerk
City of San Bernardino
P.O. Box 1318
San Bernardino, CA 92402
Dear Ms. Clark:
Thank you for the City of San Bernardino's Resolution regarding the
impact of the Fair Labor Standards Act (FLSA) on state and local government
employees.
The Subcommittee on Labor Standards has been reviewing the legislative
and judicial history leading up to the Supreme Court's February 19th opinion
in Garcia vs. San Antonio Metropolitan Transit Authority. We have also been
attempting to obtain a more complete picture of the fiscal and administrative
impact on local governments.
Congress twice enacted legislation extending FLSA coverage to some (1966),
and then all (1974) state and local government employees. The Supreme Court
has three times ruled on the question of federal regulatory authority over the
working conditions of state and local government employees. First upholding
the Congress' actions under the Commerce Clause ~~ryland vs. Wirtz 1963);
later reversing their earlier decision, citing a violation of the 10th
Amendment (National League of Cities vs. Usery 1976); and finally overturning
Usery and restoring the Wirtz rule and with it Congress' exercise of regulatory
authority in the 1966 and 1974 Amendments.
The interplay between the Executive, Judicial and the Legislative Branches
on this issue has been complicated and lengthy. The Court in Garcia has seen
fit to reverse itself on an important Constitutional issue conceding that the
Federal Government was correct when it extended FLSA to cover all local
government employees.
I have instructed my Subcommittee staff to continue its research and will
carefully observe how local community governments react to and will be impacted
by the U.S. Department of Labor's recently announced enforcement strategy.
Many local governments are in the process of developing a more complete
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Ms. Shauna Clark
Page Two
July 29, 1985
understanding of their obligations under the FLSA as well as attempting to
ascertain whether administrative changes including adjustments in work
schedules might lessen the burden of compliance with the Act. As the full
effect of the Garcia decision is known, the Congress will be in a better
position to gauge what legislative action, if~ny, is in order.
't'm"1~
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AUSTIN'""J-. VKURPHY. jthaijman
Subcommittee on Lab~Standards
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