HomeMy WebLinkAbout1993-03-02; City Council; 12084; Amicus BriefsClV OF CARLSBAD - AGEMP-\ BILL
bB# /a,u%q
dTQ. 3-2-93
IEPT. CA
DEPT. HD.
ClTYA
CITY MOR.
THE CITY ATTORNEY TO JOIN IN THE ADOPTING AN AMICUS POLICY TO ALLOW
FILING OF AMICUS BRIEFS
TITLE:
RECOMMENDED ACTION:
If Council concurs, your action is to adopt Resolution No. 93-59 , adopting an amicus policy and authorizing the City Attorney to join the City as an amicus pursuant to the adopted policy.
ITEM EXPLANATION
It is recommended that the Council adopt an amicus policy, similar
to the procedure used in adopting a legislative platform, authorizing the City Attorney to join in the filing of amicus briefs. The attached resolution sets forth a policy which
indicates that the City should petition the court to join as an
amicus in any case brought to the attention of the City by the
League of California Cities when, in the opinion of the City Attorney, the outcome of the case would have an effect on the liability of cities, the power of cities to govern or tax, or the
ability of cities to conduct and manage the affairs of government in an orderly and efficient manner.
The adoption of a policy would result in the savings of staff time and allow timely response to the numerous requests received by the City to support litigation of statewide impact. The cases in which
the City joined as amicus would be filed in the six appellate court districts within the state and with the supreme court. They would
be available for inspection and review as a court document at those locations.
FISCAL IMPACT
Some savings will result because the City will not have to prepare
agenda bills on a routine basis.
EXHIBITS
1. Resolution No. 93-39 .
1-
1
2
3
4
5
6
7
E
S
1c
11
12
12
14
If
1C
1:
1€
lh
2(
21
2:
21
24
2:
2c
2:
2€
RESOLUTION NO. 93-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO JOIN THE CITY AS AN AMICUS
WHEREAS, the City is frequently asked by the League of
California Cities to join as an amicus in support of other
cities; and
WHEREAS, the City Council must authorize the =joining as
an amicus and the timing of some amicus requests prohibits the
City from participating because there is insufficient time to
submit a request to the City Council at a regularly scheduled
meeting; and
WHEREAS, the legislative subcommittee was formed to
authorize the city attorney to join in amicus briefs; and
WHEREAS, it would be more efficient to authorize the
city attorney to join the City as an amicus pursuant to an
adopted policy.
NOW, THEREFOR BE IT RESOLVED by the City council of the
City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the following policy is hereby adopted:
“The city should petition the court to join as an amicus in any case brought to the attention of the city by the League of California Cities when, in the opinion
of the city attorney, the outcome of the case could have an effect on the liability of cities, the power of cities to govern or tax, or the ability of cities to conduct and mznage the s.ffairs of government in an orderly and efficient manner.’’
3. That the Council hereby authorj.zes the city
attorney to join the City as an amicus pursuant to the adopted
policy.
...
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad, California on the
2nd day of MARCH , 1993, by the following vote, to
wit:
AYES : Council Members Lewis, Stanton, Kulchin, Finnila
NOES: None
ABSENT : Council
ATTEST :
d&tL 4. e- ALETHA L. RAUTENKRANZ, CITY CLERK \