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Home My WebLink AboutR-77-04234/26/7' RESOLUTION t o 1 '' * 4 2 8 A RESOLUTION OF THE CITY COMMISSION OF THE I-T? Or HIAMI, FLORIDA, OPPOSING THE PRO= VISIONS OF HR 10210 AS ENACTED BY THE CONGRESS OF THE UNITED STATES TO BE EFFEC- TIVE JANUARY 1, 1978, WHEREBY MUNICIPALITIES ARE MANDATED TO PROVIDE UNEMPLOYMENT INSURANC FUTHER INDICATING THE CITY C0?MISSIONtS POTENTIAL INTEREST IN PARTICIPATING IN A JOINT LEGAL ACTION BY PUBLIC AGENCIES SUBJECTED TO THE PROVISIONS OF iIR 10210 CHALLENGING THE PROVISIONS OF SAID LEGISLATION, BUT NOT MAKING A FINAL DECISION ON THIS MATTER UNTIL DEFINITIVE COST ESTIMATES ARE RECEIVED AND DIRECTING THE CITY CLERK TO TAIL COPIES OF THIS RESOLUTION TO VARIOUS LEGISLATIVE BODIES AND AGENCIES. WHEREAS, the Congress of the United States has ed HR 10210, effective January 1, 1978, which requires all county and municipal governments to provide unemployment insurance, which said county and municipal overnme $ W .e�� "DOCUME' I �i�LJc1' previously exempt from providing; and /1 ITEM NO. WHEREAS, the effect of FAR 10210 will be immediate and substantial fiscal impact, resulting in an unncessary additional tax burden on the Citizenry of the City of Miami; and WHEREAS, the provisions of HR 10210 are of doubtful con- stitutionality representing an intrusion into the affairs of local - ,government similar to the extension of the minimum wage and over- time provisions of the FLSA to local government, which provisions were found to be unconstitutional by the U.S. Supreme Court in National League of Cities v. Usery, 49 L.Ed.2d 245(1976); and WHEREAS, the provisions of HR 10210 appear unnecessary as they relate to the State of Florida, said State having recently adopted legislation related to unemployment compensation which in effect provides essentially the same level of benefits for local government employees as for employees in private enterprise; and WHEREAS, the rational Institute of Municipal Law Officers .has by resolution recorded its opposition to HR 10210, Specifically by opposing any legislation which would mandate the extension of unemployment compensation benefits to county and ml4ni.eipal employees; "qt tr-%�"riT!4!1 ,; ', v t " 3 FU LLOW CITY COMMISSION MEETING OF MAY 1 21977 WICOMDA NOW, tHtfttPORE, tt t fTtOtiVfb tV THt MNIgtral OP THt CtT OP MtAMT, PtORMAI geti�1 1 The City CCOMidtioh of the City 6f 4iiitiilorida, opposes Hft 10216 at enacted by the Congret0 ::.the United States, Since it represents an unwarranted and HAppatent unconstitutional intrusion into the affairs of ...gelVettAtleht by the government of the United states, Section 2. The city Commission by this PeSolutiOn • indicates a potential 'interest in participating in a joint legal action by public agencies subjected to the provisions of HR 10210 challenging the provisions of said legislation, but will not make a final decision on this matter until defini- tive cost estimates are received. Section 3. The City clerk is hereby directed to mail copies of this Resolution to the members of the Florida Congressional Delegation, Dade County Legislative Delegation, the Dade County Commission, the Florida League of Cities, the National League of Cities, the National Institute of Municipal Law Officers and the City Attorney of the City of Hollywood, Florida. PASSED AND ADOPTED this 12th day of May 1977. MAURICE A. FERRE b rie€ if' r :I flANktNIA€t2'U efts' Afloolkt. JAM tt A, fi - MAs LDEi31JfV Clti A'f70 NAY ottE3t Cam,, dui-rj IHAhLts L, HAUGFZ A§sittAkit cItV Attottt9 Hon George Knox City Attorney P 0, Box 330708 MHami, Florida 33133 HR 10210, Congress of the United, States, Lffective t)anUary 1,,: 1978.`! Dear Mr. Knox: Attached is Resolution R-77-24 as passed by the City Commission of the City of Hollywood, Florida, on February 23, 1977, which is self-explanatory. Since the passage of this Resolution, Conrad B. i4attox, Jr:, President, National institute of Municipal Law Officers has proposed the initiation of litigation challenging the constitutionality of HR 10210 on the basis that it represents an unwarranted intrusion into the affairs of local government, Al5MINIttflAtIVE CV.) bosf. b tek bait HoLt *Ot -L'o' ht6A 6$8 I have two questions:. 1 Would your ComMissionpas.s a resolution similar'to the attached resolution? Would your Commission, by some means,. e,xpr.ess its support of the litigation proposed by President Mattox? As Florida Chairman of the National Institute of Municipal Law Officers, I respectfully request your iinmediate response to the above questions. Also, if in the near future a resolution or. other expression of support is voted upon favorably by your Commission, that a copy of said resolution be forwarded to me. my yours, ,441 / . Frankenberger ity Attorney TF:mde.m • •C h a r l e s•i. , butot N0 A l UOtUTIbi1 or ling t�., p/ o 1i. tgs o t Ta lll✓ 1 7 cU� u t'� 1T� Oli (1#01hY14OOD,' f'LORthA, OPPOSING' `rtut ptt0V1S10IN ; to U1R 10210 AS ENACTEb BY '1'Iti CCfi;mEis Oi THE UnITED STATES TO 13E E1 Ft Cs '.t1V5 .JANUARY 1, 1978, AND WJIEREBY 14UNICI- PALIT1t8 ARE MANDATED TO PROVIDE U1"lEtiPL0Y- MENt IvsuRAn t:. Wl AREAS, tht Congress of the United States h a enacted HR 10210, effective January 1, 1978, 'which retl tites"`.all .county and. to provide unemployment lusurant:e, which said municipal governments to county and municipal governments were previously exempt from pr cvidiilg;,and Wl1EREAS, the effect of 1 1t 10210 VIM be immediate and : . � b sub8t antral fiscal i impact, resulting °n an unnecessary additional ax' z trden on the Citizenry of the City of. Holly rood;, and t.. bt r WHEREAS, the provisions of HR 10210 are of doubtful constitutionality representing an intrusion into the affairs of local government similar to the extension of " the minimum wage and overtime provisions of the FLSA to local government, which provisions were found to be unconstitutional by the U.S. Supreme Court in Na"ti.onal. League of Cities v. Usery, 49 L.Ed.2d 245 (1976) ; and WHEREAS, the provisions of HR 10210 appear unnecessary as they relate to the State of Florida, said State having recently adopted legislation related to unemployment compensation which in -effect provides essentially the same level of benefits for local government employees as for employees in private �enterpr.ise� COCt.i ,:T INDEX and f! ITEM hu. 1';itEREAS, the. National Tnsti.tute of 'iunicipal Law haS by re solution•recorded its opposition to BR 10210, )00. ically by opposing any legislata.on which would mandate the,. '-'Xtetwjon of unemPloYment anmpen atiof lmne# ita to county and �11L1 2 ' pnl'-mp -oYeo ' ; , #. i01,1 T�i1iil0'F0R} , 13Z: ,. C93 191 f,If41 O 'ate a t✓I'' OF tt0:11,X,7'.'7 Oi) '441440, S��a ?'0`.+';7t` 1F ,0,10 4,5 4:41,:i t- �� r thlf'-" ,�+U1'+ �ilA i t tt 1 c t., a ,t it 'epfts 'nt t ' ii wr' r'ThrtL tit wit bitit�i a'itt `tht tfa Y 3 Fo dttm ett bf • tote 1n ted to . t, ci!Aiti6ils Jiitti dt t d potential ihttrtgt in A r tie . ating 1'f a joint legal of or by public egthties ubYtbted to the provigiotig of 11.11 1,02 O eheienri.ng the provisions of said legislation but 'will make �y. y f on tliis tilettor tthtfl definitive bout in ti'�.t� b. �..:�.tte �. det� �. s 1�ty estim tts art reeo3Ved Stbt2 on'3 : That the City. C).er y tdittettd,to mail top es cif thib Resolution to the me i'bers of 'the Plorida Cor res- 8Yonci1 t.xn.r1e e ation,,,,I ro artf .Count/LegisletivV cDelegation, the' Prouia c1 _County Commission The 'Florida. League of . Cities, the National Le.gt!e of Cities, the National Institute of Hunic pal " i=ers and the to two Oaf= � � � arct of Supervisors of dos Angeles Cbitnty,. ATTEST: r r PASSED AND A3)CPTEL' this ,..� . clay of February, 1977. -I R. 1 7