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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