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HomeMy WebLinkAbout08-22-85-13 - Resolution - 08/22/1985RESOLUTION NO. 08-22-85-13 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 the action for most purposes, holding that the Congress 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 4g1l►"; state agencies and political subdivisions subject to the law immediately, 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 College Station 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 reduction of hours worked for Fire Fighters from an average of 56 hours per week to 53 hours per week also will create an excessive financial burden on the City of College Station; 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 College Station and penalizes the City for choosing to hire governmental employees on terms that are different from, but not necessarily less beneficial than, those sought by the Congress; and Resolution No. 08-22-85-13 Page 2 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 College Station 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 College Station 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 relief under the Department of Labor's regulatory authority to develop rules which provide some flexibility for key governmental operations such as fire, police and, further be it RESOLVED, That the City Secretary forward official copies of this resolution to the President of the United States, to the President 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. lig PASSED and APPROVED on this the 22nd day of August APPROVED: Gary Halter a or ATTEST: Dian Jones, ty secretary JOINT RESOLUTION Be it resolved that the Councils of the City of Bryan and the City of College Station, the Board of Directors of the Bryan -College Station Chamber of Commerce, and the President of Texas A&M University recognize that: 1. The Texas Games, sponsored by the Texas Amateur Athletic Federation, present an excellent opportunity to promote youth and adult sporting activities, sportsmanship, and community cooperation. 2. To host the Texas Games would enhance the reputation of the total community as well as generate considerable economic activity among the participants, sponsors, and spectators. 3. The community contains the requisite facilities, professional staff, and corps of volunteers to host such an event. In consideration of this the aforementioned agencies recognize the Texas Games '88 Committee comprized of representatives from the City of Bryan, the City of College Station, and Texas A&M University and endorse its efforts to: 1. Generate the necessary corporate and community support to host the 1988 Games. 2. Present, on behalf of the aforementioned agencies, an official bid for the 1988 Texas Games. 3. Conduct the 1988 Texas Games in conjunction with the local park and recreation departments. Adopted by the Bryan City Council on (Marvin Tate, Mayor) Adopted by the College Station City Council on (Gary Halter, Mayor) Adopted by the Board of Directors of the Bryan -College Chamber of Commerce on (Lee Cargill, President) Approved by Dr. Frank E. Vandiver, President of Texas AM University on (Frank E. Vandiver)