HomeMy WebLinkAbout08-08-85-12 - Resolution - 08/08/1985RESOLUTION NO. 08-08-85-12 ;i 'wuU
WHEREAS, on February 19, 1985, the United States Supreme
Court handed down its decision in the matter of Garcia v.
San Antonio Metropolitan Transit Authority in which it was
decided that it was constitutional to extend coverage of the
Fair Labor Standards Act (FLSA) to essentially all state and
local government jobs, thus reversing the Court's 1976 deci-
sion in National League of Cities v. Usery in which the
Court had held that the Act could not constitutionally be
applied to state and local government employees engaged in
"traditional" government functions;
WHEREAS, the Executive Committee of the National Institute
of Municipal Law Officers (NIMLO) has decided to file a law-
suit seeking a declaratory judgment to the end that required
changes in policies and the enormous cost of the FSLA cannot
constitutionally apply to health, police, fire and other es-
sential local government functions;
WHEREAS, the estimated cost of the proposed lawsuit would be
approximately $400,000;
WHEREAS, NIMLO has requested that all municipal, state and
county agencies who want to maintain or regain exemptions
from the FLSA should execute the attached agreement to pay a
portion of the costs involved;
WHEREAS, it has been determined by the Mayor and members of
the City Council that it would be advantageous to the City
of College Station to join in this litigation; and
WHEREAS, the portion of said attorney fees to be paid by the
City of College Station to join in this litigation is the
sum of One Thousand Dollars ($1,000.00) to be deposited in
the NIMLO FLSA Litigation Trust Fund;
NOW, THEREFORE, BE IT RESOLVED By the City Council of the
City of College Station that the Mayor be authorized to
execute the attached NIMLO FLSA Litigation Trust Fund
{ Agreement and that a check in the sum of One Thousand Dol-
lars ($1,000.00) be deposited in the NIMLO FLSA Litigation
Trust Fund to cover the City's portion of the attorney fees
and expenses in support of the proposed litigation attacking
the provisions of the FLSA as interpreted by Garcia v. San
Antonio.
APPROV
ATTEST:
City Se9�"t. y