HomeMy WebLinkAbout2001-01-09 - RESOLUTIONS - FRIEND OF COURT BRIEFS (2)RESOLUTION NO. of -2
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA
ADOPTING A POLICY CONCERNING THE
CITY'S PARTICIPATION IN
FRIEND -0F -THE -COURT BRIEFS
WHEREAS' the City is asked from time to time to support other public agencies in
`amicus curiae" or friend -of -the -court briefs in cases which have the potential to affect the
City's policies, authority or liability, and
WHEREAS, frequently there is insufficient time to place the issue of friend -of -the.
court participation on the City Council Agenda for Council approval because of the
extremely short time period within which such briefs must be filed; and
WHEREAS, the City Attorney has advised the Council that participation in such
briefs is in the City's interest, and
WHEREAS, there generally is no or minimal cost to the City in adding its name to a
friend -of -the -court brief, and
WHEREAS, other California cities have lent assistance to the City by participating
in friend -of -the -court briefs; and
WHEREAS, the City Attorney usually has the,penefit of the League of California
Cities' recommendation on the advisability of the City's participation in friend -of -the -court
efforts for appellate court cases; and
WHEREAS, the League has an extensive process for evaluating friend -of -the -court
briefing efforts and recommends City participation in briefs only if the legal issues are of
statewide significance and are ones in which cities have a common interest in the same
outcome; and
WHEREAS, the City values the League's recommendation because the League's
review process involves collective review by as many as 24 City Attorneys from all regions
of the state as well as the city officials who sit on the League's board of directors.
NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, STATE OF CALIFORNIA:
FRIEND OF THE COURT RESOLUTION
January 9, 2001
Page 2 of 3
RECTION 1. The Council authorizes the City Attorney to add the City as a
participant in friend -of -the -court briefs under the following circumstances:
a) The City Attorney has reviewed the legal issues presented by the case and
has determined that participation in the friend -of -the -court brief would
protect or advance the City's legal interests; and
b) Joinder in the brief is consistent with existing City ordinances, resolutions or
policies; and
c) The League of California Cities and/or its Legal Advocacy Committee is
recommending that the City join the brief; and
d) The cost to the City for joining the friend -of -the -court brief does not exceed
$200; and
e) The City Council is given full notice before a friend -of -the -court brief is filed.
RFc7TION 2. For cases in which participation has not been considered by the Legal
Advocacy Committee of the League of California Cities, or in which the Legal Advocacy
Committee has no position, the decision regarding participation in friend -of -the -court briefs
may be made by the City Manager on recommendation of the City Attorney under the
following circumstances:
a) The City Attorney has reviewed the legal issues presented by the case and
has determined that participation in the friend -of -the -court brief would
protect or advance the City's legal interests; and
b) Joinder in the brief is consistent with existing City ordinances, resolutions or
policies; and
c) The cost to the City for joining the friend -of -the -court brief does not exceed
$200.
d) The City Council is given full notice before a friend -of -the -court brief is filed.
FRIEND OF THE COURT RESOLUTION
January 9, 2001
Page 3 of 3
SECTION 3. For all other cases, the decision regarding friend -of -the -court
participation shall be made by the City Council upon recommendation of the City Attorney.
SECTION 4. City staff members who receive solicitations regarding the City's
Participation in friend -of -the court briefs shall transmit those solicitations to the City
Attorney for evaluation under this policy.
SECTION 6. The City Attorney is: directed to promptly report to the Council any
instance in which the City has joined in a friend -of -the -court brief pursuant to this policy.
PASSED, APPROVED AND ADOPTED THIS M DAY OF Jam 2001.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) sa
CITY OF SANTA CLARITA )
I, Sharon Dawson, City Clerk of the City of Santa Clarlta, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarity at a
Council:
regular meeting thereof, held on the ninth day of January, 2001 by the following vote of the
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
. I , I / •I -A
Smyth, Darcy, Kellar, Ferry, Weste
None
None