HomeMy WebLinkAboutReso - CC - 003-1973RESOLUTION NO. 3 - 73
FIXING AND DETERMINING DATE ON WHICH
WAGE ADTUST'MENTS SHALL BECOME EFFECTIVE
WHEREAS, California Constitution Article IV, 917, pro-
vides 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 allow-
ance 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 authority 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
of the employees of the City effective on the 1st day of March
of each year; and
WHEREAS, since the initiation of such policy the State
Legislature has enacted the Meyers - Milias - Brown Act (Govern-
ment Code §§3500-3511) 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 confer-
ences will be held in good faith between the City's Municipal
Employee Relations Officer and the representatives of recognized
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employee organizations, which meetings and conferences may result
in agreed adjustments to present wages and salaries of City's
public employees and may also extend beyond March 1, 1973; 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, 917 (set forth above) as it then appeared as Article IV, §32,
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 con-
ditions, as required by law.
2. Such meetings and conferences may result in adjust-
ments to present wage schedules.
3. Such meetings and conferences may continue to a
date after March 1, 1973, and a determination of wage and salary
adjustments, if any, may not be made until after March 1, 1973.
4. Any wage or salary adjustments made after March 1,
1973, shall be effective at 12:01 A.M. on March 1, 1973.
liAYOR
I, HERBERT K. WHITE, City Clerk, do hereby certify that
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the foregoing resolution was introduced at a regular meeting of
the City Council held on the 2nd day of January, 1973, and
adopted thereafter by the following vote:
AYES: COUNCILMEN: Amstrup-Cusick-Mangini-Martin
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Crosby
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