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HomeMy Public PortalAboutResolution No. 013-85 09-09-1985 cirY ~ * ~ ~ CITY OF RICHLAND HILLS, TEXAS .A 284-4901 3200 DIANA DRIVE RICHLAND HILLS, TEXAS 76118 Cry ~q Np RESOLUTION N0.13-85 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 Con- gress 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 opinion 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 Authority, 53 LW 4135 (1985)); and WHEREAS, The effect of the Garcia decision has been to make all state agencies and political subdivisions subject to the law immedi- ately, 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 Richland Hills has for many years provided an equitable compensatory time system for City employees who work overtime, and many City employees prefer that system of compensation to the one that is now to be required; 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 Richland Hills and penalizes the City for choosing to hire governmental employees on terms that are different from, but not neces- sarily 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, That the City Council of the City of Richland Hills 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 Richland Hills 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 re- lief under the Department of Labor's regulatory authority to develop rules which provide some flexibility for key governmental operations such as fire, police and Public Works. and, further be it RESOLVED, That the City Secretary forward official copies of this resolution to the President of the United States, to the Presi- dent 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 9TH DAY OF SEPTEM 'R, 985. OR RICHLAND HILL , TEXAS • AT~ ST CITY SECRE ARY •