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
•