HomeMy WebLinkAboutCity Council - 3997 • RESOLUTION NO. 3997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH OPPOSING CERTAIN REGULA-
TIONS FOR PUBLIC SAFETY OVERTIME COMPUTATION
UNDER THE FAIR LABOR STANDARDS AMENDMENTS OF
1974
WHEREAS, cities have historically held that the Federal
government must not violate the basic integrity of their
freedom to manage their own affairs; and
Nonetheless , the Congress has enacted the Fair Labor
Standards Act Amendments of 1974 which extend FLSA coverage to
city employees; and
The Department of Labor has proposed regulations imple-
menting these amendments ; and
The City of Huntington Beach, while opposing extension of
FLSA to city governments , is concerned that Department of Labor
regulations be equitable and workable; and
The specific proposed regulation does not permit negotia-
tion as to deduction of sleep and meal periods in computation
of public safety workers' overtime for shifts of twenty-four (24)
hours or less , and will thus result in inequitable and dis-
criminatory treatment of publicly employed safety personnel vis-
a-vis the private sector; and
The specific proposed regulations require that part-paid,
part-time volunteers be counted and reimbursed as regular em-
ployees thus adding substantially to municipal fiscal burdens ;-
and
The promulgation of these sections of the proposed regula-
tions will have a severe inflationary impact on cities which are
already under economic duress; and
These sections limit the flexibility of cities and public
1.
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safety employee groups to negotiate mutually advantageous
agreements ,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Huntington Beach does hereby strongly urge the Department
of Labor to withdraw the proposed regulations contained in
Section 553. 14 and amend Section 553. 10 .
BE IT FURTHER RESOLVED that the Department of Labor, in
implementing regulations of the 1974 FLSA Amendments , is urged to
apply to public safety personnel the principle of deduction with
res
pect to sleep and meal periods in shifts of twenty-four (24)
hours or less , as embodied in Sections 785-21 and 785-22 CRF.
IT IS HEREBY FURTHER RESOLVED that the City Clerk is di-
rected to forward copy of this resolution to the Department of
Labor and other appropriate agencies .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 9th day of December, 1974.
Ma
ATTEST: APPROVED AS TO FORM:
i y C erk y Att e
APPROVED AS TO CONTENT:
City Administrator
2 .
Res. No. 3997
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular _ adjourned meeting thereof held on the 9th day
of December , 19 74 , by the following vote:
AYES: Councilmen:
Shipley, Gibbs, Matney, Wieder, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Bartlett
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California