HomeMy WebLinkAbout1984-028,
RESOLUTION NO. 84- 28
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA REQUESTING THE
UNITED STATES CONGRESS TO ADDRESS THE SHERMAN
ANTI-TRUST ACT AND CLARIFY THE LAWS APPLICATION
TO LOCAL GOVERNMENTS.
WHEREAS the Sherman Anti -Trust Act was originally
enacted by Congress to prevent the large "trusts" from striking at
the heart of the American Free Enterprise system, and
WHEREAS the Act was not originally intended to apply
to local governments while performing their functins, and
WHEREAS local governments have enjoyed what they
thought to be immunity from anti-trust actions under the premise
that local governments are instrumentalities of the state
performing state functions and therefore immune from anti-trust
violations under the State Immunity Doctrine, and,
WHEREAS the Supreme Court of United States in the
case of Community Communication Corporation vs. The City of
Boulder interpreted the Sherman Anti -Trust ',aws and indicated that
for a local government to enjoy such "state immunity" the local
government must be acting pursuant to a "clearly articulated and
affirmatively expressed" state policy. Despite a County's broad
"Home Rule" authority they are not entitled to anti-trust immunity
in all cases and,
WHEREAS because state laws have been written over
the years without consideration of this new requirement local
governments find themselves completely unprotected from anti-trust
liability while performing essential governmental functions.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY that
1. The Board of County Commissioners of Indian River
County urges the United States Congress to adopt legislation
clarifying local government's immunity from the Sherman Anti -Trust
Laws and
2. That the Clerk is directed to send a copy of this
Resolution to the Congressman representing our County in
Washington asking for their support in this effort.
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' The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded
by Commissioner Bird and, upon being put to a vote, the
® vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
(` Commissioner Richard N. Bird Aye
i� E Commissioner Margaret C. Bowman Absent.
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
•s
passed and adopted this 2nd day of May , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
DON C. SCURLOCK, JR.
Chairman
Fn)CDA WRIGHT
IWIC