HomeMy WebLinkAboutCC Res 3519 1985-09-23
RESOLUTION NUMBER ~~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA. SUPPORTING S.1434 TO EXEMPT
STATE AND LOCAL GOVERNMENTS FROM THE OVERTIME
PROVISIONS OF THE FAIR LABOR STANDARDS ACT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, the Fair Labor Standards Act (FLSA) provides that employees
covered thereunder must be paid time and one-half pay
for overtime hours and may not receive compensatory time
off in lieu of overtime pay; and
WHEREAS. state and local governments have been heretofore exempted
from the provisions of the FLSA for "traditional state
functions" by long-standing court decision; and
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WHEREAS, in Garcia v. San Antonio Metropolitan Transit Authority,
the United States Supreme Court recently held that the
FLSA, including the overtime pay provisions thereof.
was applicable to states and their political subdivisions;
and
WHEREAS, implementation of the Garcia decision by state and local
governments will have a devastating impact on the ability
of such entities to finance public services; and
WHEREAS. employees in public safety and fire protection have been
traditionally required to work irregular hours. yet enjoyed
substantial compensatory time off for the overtime hours
they work; and
WHEREAS, the cost increases in these vital services caused by
the Garcia decision will force many local governments
to siphon revenues from critical government programs
to public safety, or reduce overall spending for these
vital services; and
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WHEREAS, Senator Pete Wilson has recently introduced S. 1434 in
the United States Senate, the effect of which would be
to exempt states and their political subdivisions from
the maximum hours and overtime pay provisions of the
FLSA; and
WHEREAS. such proposed legislation would not exempt states and
their political subdivisions from any other provisions
of the FLSA such as the minimum wage requirements, the
Equal Pay Act, or the child labor prohibitions.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City
of Seal Beach to hereby endorse and support the provisions of S.
1434 and urges its swift enactment into law by Congress.
BE IT FURTHER RESOLVED that the City Clerk of the City of Seal
Beach shall forward a copy of this resolution to United States
Senators Pete Wilson and Alan Cranston. to each member of the House
of Representatives representing a district in Orange County. and
to each other city in Orange County.
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Resolution Number ~~I'~
PASSED, APPROVED AND ADOPTED by the City Council of the City~ /
Seal Beach at a meeting thereof held on the,,,?.:;5.401 day of ~.t,,,~~~./
1985, by the following vot .
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo. City Clerk of the City of Seal Beach, California.
do hereby certify that the ~~Oing resolution is the original
copy of Resolution Number ~ on file in the office of the City
Clerk. passed. approved and ad pted by the City Council of th~~_
City of Xl Beac~t a regular meeting thereof held on the<:loOblA.12.
day of ~';II~, _/, 1985.
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