HomeMy WebLinkAboutReso - CC - 008-1972RESOLUTION NO. 8 - 72
FIXING AND DETERMINING DATE ON WHICH WAGE ADJUSTMENTS SHALL BECOME
EFFECTIVE
WHEREAS, California Constitution Article IV, §17, provides as
follows:
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 en-
tered 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.
and
WHEREAS, the foregoing constitutional provision has been uni-
formly construed to prohibit the payment of retroactive pay in-
creases 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, egch
year; and
WHEREAS, since the initiation of such policy the State
Legislature has enacted the Meyers -Milias - Brown act (Government
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 and between the City's Municipal Employee
Relation 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 employees
and may also extend beyond March 1, 1972; and
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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, §32, permits a
general law city to increase wages and salaries of city employees
by a resolution which provides that such increases will be ef-
fective upon a date subsequent to the resolution but before the
date upon which the actual raises will be determined;
NOW, THEREFORE, the City Council of the City of Burlingame,
does hereby resolve and determine as follows:
1. The Municipal Employees Relation Officer -and the repre-
sentatives 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 adjustments
to present wage schedules.
3. Such meetings and conferences may continue to a date
after March 1, 1972, and a determination of wage and salary ad-
justments, if any, may not be made until after March 1, 1972.
4. Any wage or salary adjustments made after March 1, 1972,
shall be effective at 12:01 A.M. on March 1, 1972.
I, HERBERT K. WHITE, City Clerk, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the
City Council held on the 17 day of January , 1972, and
adopted thereafter by the following vote:
AYES: COUNCILMEN: Crosby-Johnson-Mangini-Martin
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Amstrup
Herbert K. White, City Clerk
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