HomeMy WebLinkAbout19056 RES - 10/15/1985A RESOLUTION
SUPPORTING FEDERAL LEGISLATION TO PERMIT STATE AND
LOCAL GOVERNMENTS TO GRANT COMPENSATORY TIME OFF AS AN
ALTERNATIVE TO OVERTIME PAY TO EMPLOYEES WORKING MORE
THAN A 40 -HOUR WEEK.
WHEREAS, a recent U.S. Supreme Court decision Garcia v. San
Antonio Metropolitan Transit Authority overruled its earlier decision in
National League of Cities v. Usery wh ch had exempted municipalities from
the federal air Labor Standard Act provisions relating to overtime pay in
areas of traditional governmental activities; and
WHEREAS, the U.S. Supreme Court now has determined that
municipalities are subject to the overtime provisions of the Fair Labor
Standards Act; and
WHEREAS, such decision deprives municipalities of much needed
flexibility and efficiency in best serving the public interests and greatly
increases the cost of local government services without increasing the
level of services whatsoever; and
WHEREAS, a bill in the U.S. Congress seeks to reverse the
decision of Garcia v. San Antonio Metropolitan Transit Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council urges the delegates of the 72nd
Annual Conference of the Texas Municipal League to adopt a resolution, a
copy of which is attached hereto as Exhibit "A".
SECTION 2. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due to the
immediate need for the efficient and effective administration of City
affairs, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon
ordinances or resolutions at three regular meetings so that this resolution
is passed and shall take effect upon first reading as an emergency measure
this the 15th day of October, 1985.
ATTEST:
y Secretary MAYOR
APPROVED: /51< DAY OF OCTOBER, 1985
Ass stan
04P.159.01
THE CITY OF CORPUS CHRISTI, TEXAS
s9ossMICROFILMED
•
A RESOLUTION
SUPPORTING FEDERAL LEGISLATION TO PERMIT STATE AND
LOCAL GOVERNMENTS TO GRANT COMPENSATORY TIME OFF AS AN
ALTERNATIVE TO OVERTIME PAY TO EMPLOYEES WORKING MORE
THAN A 40 -HOUR WEEK.
WHEREAS, a recent U.S. Supreme Court decision Garcia v. San
Antonio Metropolitan Transit Authority overruled its earlier decision in
National League of Cities v. Usery which had exempted municipalities from
the federal Fair Labor Standard Act provisions relating to overtime pay in
areas of traditional governmental activities; and
WHEREAS, the U.S. Supreme Court now has determined that
municipalities are subject to the overtime provisions of the Fair Labor
Standards Act; and
WHEREAS, such decision deprives municipalities of much needed
flexibility and efficiency in best serving the public interests and greatly
increases the cost of local government services without increasing the
level of services whatsoever; and
WHEREAS, a bill in the U.S. Congress seeks to reverse the
decision of Garcia v. San Antonio Metropolitan Transit Authority;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this
72nd Annual Conference of the Texas Municipal League that TML endorses
passage of such legislation to reverse the U.S. Supreme Court decision in
Garcia v. San Antonio Metroplitan Transit Authority; directs the Executive
Director and his staff to take measures to assist in its passage, and urges
all member cities individually to contact their representatives in Congress
to inform them of the great importance of this bill to every city in the
Nation and to solicit their support in passing it.
PASSED AND APPROVED at San Antonio, Texas this 2nd day of
November, 1985.
APPROVED:
ATTEST:
President
Executive Director
(1) Statement of the Problem Addressed by this Resolution:
This Resolution supports restoration of local government flexibility
in providing compensatory time off as well as overtime pay to those
working more than a 40 -hour work week. This method "enhances
efficiency, productivity, and flexibility.
(2) How Would Implementation of this Resolution Solve the Problem?
Implementation of the Resolution would restore the desired flexibility
and is in the public interest.
02E.026.02
Corpus Christi, Texas
/S day of
'1980 -
TO
1980 -
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones 8
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19056
• •
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NUECES §
I the undersigned, City Secretary of the City of Corpus Christi, Texas,
do certify that the foregoing is a true and correct copy of Resolution No.
19056, passed and approved by the City Council on October 15, 1985, as same
appears in the Official Records of the City of Corpus Christi, Texas, of which
the City Secretary's Office is the lawful custodian.
WITNESSETH HY HAND and the Official Seal of the City of Corpus Christi,
Texas, this 16th day of October , 1985.
(SEAL)
Armando Chapa, Cit Secre a
y ry
Corpus Christi, Texas