HomeMy WebLinkAboutReso - CC - 005-1974RESOLUTION NO. J" -74
FIXING AND DETERMINING DATE ON WHICH
WAGE ADJUSTMENTS SHALL BECOME EFFECTIVE
WHEREAS, California Constitution Article IV, 917, pro-
Ivides as follows:
and
The Legislature has no power to grant,
or to authorize a city, county, or other
public body to grant, extra compensation or
extra allowance to a public officer, public
employee, or contractor, after service has
been rendered or a contract has been entered
into and performed in whole or in part, or
to authorize the payment of a claim against
the State, or a city, county or other public
body under an agreement made without author-
ity of law.
WHEREAS, the foregoing constitutional provision has
been uniformly construed to prohibit the payment of retroactive
pay increases to public employees by their public employer; and
WHEREAS, it has been the policy of the City Council of
the City of Burlingame to make adjustments to wages and salaries
lof the employees of the City effective on the 1st day of March of
leach year; and
WHEREAS, since the initiation of such policy the State
Legislature has enacted the Meyers - Milias - Brown Act (Govern-
ment Code §53500-3511) which requires public employers to meet and
confer in good faith with recognized employee organizations with
respect to wages, hours and working conditions; and
WHEREAS, it is anticipated that meetings and conferences
will be held in good faith between the City's Municipal Employee
— 1 —
Relations Officer and the representatives of recognized employee
organizations, which meetings and conferences may result in agreed
adjustments to present wages and salaries of City's public employ-
ees and may also extend beyond March 1, 1974; and
WHEREAS, the Attorney -General of the State of
California, in his opinion No. 59-82, dated June 10, 1959 (33 Ops
Cal Atty Gen 143), has ruled that California Constitution Article
IV, §17 (set forth above) as it then appeared as Article IV, 932,
permits a general law city to increase wages and salaries of city
employees by a resolution which provides that such increases will
be effective upon a date subsequent to the resolution but before
the date upon which the actual increases will be determined;
NOW, THEREFORE, the City Council of the City of
Burlingame, does hereby resolve and determine as follows:
1. The Municipal Employee Relations Officer and the
representatives of the recognized employee organization are about
to meet and confer with respect to wages, hours and working condi-
Itions, as required by law.
2. Such meetings and conferences may result in adjust-
Iments to present wage schedules.
3. Such meetings and conferences may continue to a date
after March 1, 1974, and a determination of wage and salary adjust•
ments, if any, may not be made until after March 1, 1974.
4. Any wage or salary adjustments made after March 1,
1974, shall be effective at 12:01 A.M. on March 1, 1974.
MAYOR
I, HERBERT K. WHITE, City Clerk of the City of
2 -
Burlingame, do hereby certify that the foregoing Resolution was
introduced at a regular meeting of the City Council held on the
21 day of January , 1974, and adopted thereafter
by the following vote:
AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Mangini-Martin
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
- 3
CITY CLERK