HomeMy WebLinkAbout1993-03-02; City Council; 12083; Amicus Brief< p’~~n OF CARLSBAD - AGE.-’)A BILL
TITLE: AMICUS BRIEF IN HYLAND V. WONDER 110.3 -2-73
RECOMMENDED ACTION:
Authorize the City Attorney to join as amicus in the case Hvland v. Wonder, 972 F.2nd 1129 (9th Circuit 1992).
ITEM EXPLANATION
In this era of budgetary concern, cities, perhaps now more than ever, are relying on volunteers to provide those services for which there is no money available. In this case, a volunteer is suing the City of San Francisco because he was terminated from his volunteer status after he wrote a memorandum criticizing his supervisor to the commission supervising the judicial probation department in which he volunteered. Cities do not quarrel with the proposition that volunteers can freely express their thoughts, but they have no desire to be sued as a result. Cities are
increasingly dependent on volunteers to provide needed services without the financial and legal obligations that employment relationship entail. At a time when California cities are
searching for greater flexibility in citizen involvement, the court’s decision sends a troubling message to them. The court’s opinion, if not reversed, may increase the pressure on California
cities to either eliminate or privatize services, For example, zoos, museums, and libraries make extensive use of volunteer services, If cities may be sued for their refusal to accept the services of volunteers who are critical or oppose these programs or personnel administering them, cities may be forced to curtail such volunteer opportunities.
FISCAL IMPACT
There will be no fiscal impact except for minor expenditures of staff time.
EXHIBITS
None.