HomeMy WebLinkAboutR-1985-14
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RESOLUTION NO. 85-14
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WHEREAS, in 1974 the United States Congress extended the
application of the federal Fair Labor Standards Act to the 50
states and their political subdivisions; and
WHEREAS, the United States Supreme Court two years later
invalidated that action for most purposes, holding that the
Congress had no power to enforce overtime and minimum wage
provisions against states in areas of traditional governmental
functions (National League of Cities v. Usery, 426 U.S. 833
(1976)); and
WHEREAS, on February 19, 1985, however, the court overruled
its earlier opinion, finding the distinctions created by that
oplnlon to be unworkable while commenting that the states and
their political subdivisions, if dissatisfied with the court's new
opinion, could encourage the Congress to modify the law (Garcia v.
San Antonio Mass Transit Authoritv, 53 LW 4235 (1985)); and
WHEREAS, the effect of the Garcia decision has been to make
all state agencies and political subdivisions subject to the law
immediately, without time to prepare for the transition; and
WHEREAS, the resulting fiscal impact on Texas state and local
governments could be significant; overtime requirements for state
and local governments could be particularly burdensome, since the
federal law requires time and one-half payment for hours that were
previously compensated by equivalent time off; and
WHEREAS, the City of La Porte has
equitable compensatory time system
overtime, and many City employees
compensation to the one that is now to
for many years provided an
for City employees who work
prefer that system of
be required; and
WHEREAS, the reduction of hours worked for fire fighters from
an average of 56 hours per week to 53 hours per week also will
create an excessive financial burden on the City of La Porte; and
WHEREAS, the federal law, as characterized by the Supreme
Court in 1976, is an interference "with the integral governmental
functions" of state and local governments to such a degree as to
'impair the States' ability to function effectively in a federal
system"; and
WHEREAS, it results in substantially increased costs in a
time of limited revenue, weakens the delivery of public services
to the citizens of La Porte, and penalizes the City for choosing
to hire governmental employees on terms that are different from,
but not necessarily less beneficial than, those sought by the
Congress; and
WHEREAS, this imposition is especially ironic, given that the
United States Congress is itself exempt from the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS
RESOLVED, that the City Council of the City of La Porte
hereby request the United States Congress to exempt state and
local governmental employees from the federal Fair Labor Standards
Act; and be it further
RESOLVED, that the City Council of the City of La Porte
hereby request the Secretary of Labor, while we attempt to
influence the Congress to amend the Fair Labor Standards Act, to
work with the representatives of the National League of Cities,
the Texas Municipal League and other public interest groups to
provide administrative relief under the Department of Labor's
regulatory authority to develop rules which provide some
flexibility for key governmental operations; and, further be it
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Resolution 85-14, Page 2
RESOLVED, that the City Secretary forward official copies of
this resolution to the President of the United States, to the
President of the Senate and Speaker of the House of
Representatives of the United States Congress, to the Secretary of
Labor, and to each member of the Texas delegation to the Congress,
with the request that it be entered in the Congressional Record as
a memorial to the Congress of the United States of America.
PASSED AND APPROVED this the 23rd day of September, 1985.
CITY OF LA PORTE
By
ATTEST:
(I~~
City Secretary