HomeMy WebLinkAboutResolution - 486 - Resolution Regarding FLSA Sent To President, Officials, NLC, & TML - 04_24_1980DGV:bs
Q�
RF.gOT.TTTTnV
RESOLUTION #486 - 4/24/80
WHEREAS, the United States Supreme Court in the landmark 1976 decision of
National League of Cities v. Usery determined that federal minimum wage and
overtime provisions of the Fair Labor Standards Act could not constitutionally
be applied to local government employees, and
WHEREAS, the U.S. Secretary of Labor has now promulgated procedures to
enforce application of the FLSA provisions to city employees engaged in what
the Department of Labor has determined to be "non-traditional" areas of city
involvement in services, including the operation of electric utilities and bus
services, and
WHEREAS, the City of Lubbock has operated an electric utility for more
than 50 years and has been forced in recent years to assume the operation of a
transit system for its citizens, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the question of applying the FLSA to city employees was settled by
the U.S. Supreme Court in 1976 and the Department of Labor's recent ruling on
"non-traditional" functions is without legal basis and such ruling should be
suspended immediately pending public review and comment, and
THAT the Department of Labor's ruling will impose substantial costs on
the City of Lubbock and will result in increased utility costs for Lubbock
citizens in addition to generating a highly inflationary effect at a time of
already enormous inflation and energy costs to this nation's citizens, and
THAT whether a function is "traditional" or "non-traditional" is not a
question to be left to the Department of Labor bureaucrats for decision, since
the courts already have spoken on that issue, and
THAT continued federal interference in municipal services is totally
unacceptable to the City of Lubbock and further is totally inconsistent with
the duty to provide the most efficient delivery of government services possible
to our citizens, and
THAT the Department of Labor's ruling adds to the already nearly intolerable
burden of meeting multitudinous federal mandates and the City of Lubbock is
willing to take whatever action is necessary to see that the Department of
Labor abides by the decision of the U.S. Supreme Court, and
THAT a copy of this Resolution is to be sent to President Jimmy Carter;
Jack Watson, special assistant to the President; U.S. Senators Bentsen and
Tower; Congressman Hance; the National League of Cities; and the Texas Municipal
League.
Passed by City Council this 24thday of April , 1980.
�0 Ak
ILL McALISTER, MAYOR
ATTEST, _
J�velyn Gaf W, City Secfetd`r reasurer
APPROVED AS TO--CONTtNT:
Tom Witt, Director of Personnel
APPROVED AS TO FORM:
1 F)t 1 1)x <-t i %1
Donald G. Vandiver, Asst. City Attorney