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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