1985-343RESOLUTION NO. 85R- 343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM SUPPORTING S. 1434 TO EXEMPT STATE
AND LOCAL GOVERNMENTS FROM THE OVERTIME
PROVISIONS OF THE FAIR LABOR STANDARDS ACT.
WHEREAS, the Fair Labor Standards Act (FLSA) provides
that employees covered thereunder must be paid time and one-half
pay for overtime hours and may not receive compensatory time off n
lieu of overtime pay; and
WHEREAS, state and local governments have been heretofore
exempted from the provisions of the FLSA for "traditional state
functions" by long-standing court decision; and
WHEREAS, in Garcia v. San Antonio Metropolitan Transit
Authority, the United States Supreme Court recently held that the
FLSA, including the overtime pay provisions thereof, was
applicable to states and their political subdivisions; and
WHEREAS, implementation of the Garcia decision by state
and local governments will have a devastating impact on the
ability of such entities to finance public services; and
WHEREAS, employees in public safety and fire protection
have been traditionally required to work irregular hours, yet
enjoyed substantial compensatory time off for the overtime hours
they work; and
WHEREAS, the cost increases in these vital services
caused by the Garcia decision will force many local governments to
siphon revenues from critical government programs to public
safety, or reduce overall spending for these vital services; and
WHEREAS, Senator Pete Wilson has recently introduced S.
1434 in the United States Senate, the effect of which would be to
exempt states and their political subdivisions from the maximum
hours and overtime pay provisions of the FLSA; and
WHEREAS, such proposed legislation would not exempt
states and their political subdivisions from any other provisions
of the FLSA such as the minimum wage requirements, the Equal Pay
Act, or the child labor prohibitions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the City Council does hereby endorse and
support the provisions of S. 1434 and urges its swift enactment
into law by Congress.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Anaheim shall forward a copy of this resolution to United States
Senators Pete Wilson and Alan Cranston, to each member of the
House of Representatives representing a district in Orange County,
and to each other city in Orange County.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 6th day of August, 1985.
I~~ I
MAY R OF THE CITY OF AHEIM
ATTEST:
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CITY CLERK OF THE CITY OF AN EIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-343 was introduced and adopted at a regular ~
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of August, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-343 on the 6th day of August, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of August, 1985.
~~
TY CLERK OF THE CITY OF ANAH IM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-343 duly passed and
adopted by the Anaheim City Council on August 6, 1985.
a~
CITY CLERK