HomeMy WebLinkAboutMINUTES - 03191991 - 2.4 TO: BOARD OF SUPERVISORS . Contra
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FROM: Phil Batchelor, County Administrator .,
.�� Costa
County
March 14 1991
DATE:
SUBJECT: •ACTIONS TO OPPOSE EFFORTS TO REPEAL LABOR CODE SECTION 1205
AUTHORIZING LOCAL PREVAILING WAGE ORDINANCES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Determine whether the Board wishes to direct its lobbyist to
cooperate with lobbyists for labor organizations to oppose any
efforts which may be undertaken to repeal Labor Code Section
1205, which protects the Board' s right to have adopted a
prevailing wage ordinance applicable to certain private
construction projects.
BACKGROUND:
One or more Board Members have recently been contacted by Art
Carter, a lobbyist for several labor organizations in Sacramento.
Mr. Carter asked that the County' s lobbyist be authorized to work
with Mr. Carter to oppose any efforts which may be undertaken to
repeal Labor Code Section 1205.
Labor Code Section 1205 was added by legislation in 1990 (Chapter
1379, Statutes of 1990) and, in the view of County Counsel,
protects this or any other local government' s prevailing wage
ordinance from successful court challenge by claiming that such
an ordinance is preempted by the State' s minimum wage
requirements.
We are not aware. of any specific efforts which have been made in
the direction of repealing Labor Code Section 1205, but such an
effort could be undertaken very quickly at a critical period of
the legislative session.
The Board of Supervisors has recently directed this office to
identify and bring to the Board' s attention issues on the Board' s
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CONTINUED ON ATTACHME�Z9S YES SIGNATURE: �s
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR((((D COMMITTEE
APPROVE OTHER
SIGNATURE(S):
March 19, 1991 ee below
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
APPROVED authorizing the County's lobbyist to cooperate with labor organization
lobbyists to oppose any efforts undertaken to repeal Labor Code Section 1205
authorizing local prevailing wage ordinances.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: I, I I, I V, V NOES: I I I AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED /-9,
County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Les Spahnn
SRJ. Jackson, Barish & Assoc.
BY � ,DEPUTY
M382 (10/88)
r V
1991 Legislative Program which could be delayed or provided a
lower profile because of the shortage of staff in legislative
offices to address specific problems. We have been identifying
such issues and the Board has substantially modified its 1991
Legislative Program in an effort to reduce the demands on Members
of the Legislature and their staff.
If the Board wishes to authorize its lobbyist to be prepared to
work with Mr. Carter and other lobbyists to identify and oppose
any efforts to repeal Labor Code Section 1205 it would be
appropriate to modify the Board' s 1991 Legislative Program in
order to accomplish this change. As an alternative, the Board
may simply wish to vote to oppose any effort to amend or repeal
Labor Code Section 1205 in such a way that it would remove the
authority of local governments to enact prevailing wage
ordinances. This would place the Board of Supervisors on the
record and would authorize the Board' s lobbyist to place the
Board' s position on the record before any legislative committee
hearings on this subject and to lobby the Board' s position,
without necessarily placing the Board in the position of
initiating efforts to oppose such a repeal.