HomeMy WebLinkAboutRES NO 079-01RESOLUTION NO. 0 ~' 9 - 0 J.
A RESOLUTION REGARDING COUNCIL POLICY ON
APPROVAL OF CITY JOINDER OF AMICUS BRIEFS.
WHEREAS, public agencies and municipalities statewide are from time to time
involved in cases involving issues of general interest and applicability to the City's
interests; and
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, friend-of-the-court requests typically involve only general issues of
municipal law and not difficult, controversial or novel public policy concerns; 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 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 benefit of the League of California
Cities' recommendation on the advisability of the City's participation in friend-of-the-court
efforts for appellate courts cases; 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 by the Council of the City of Bakersfield
as follows:
The above Recitals are true and correct and incorporated herein.
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2. The Council authorizes the City Attorney or his designee to make a decision
to add the City as a participant in friend-of-the-court briefs under the following
circumstances:
a. The City Attorney or his designee 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.
3. The City Attorney is directed to promptly notify the Council by information
memorandum as soon as practicable of any instance in which the City Attorney's Office
has made a decision that the City should join in a friend-of-the-court brief pursuant to this
policy.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUN 13 '[~l ,
by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER/'k.f,4,,-~
COUNCILMEMBER /'/'¢,.(/'r~
COUNCILMEMBER ,/']~%,.~
CITY CLERK and Ex Offi~i~ ~l/Ik of the
Council of the City of Bakersfield
APPROVED JUN 13 ZOO1
HARVEY L. HALL
Mayor
APPROVED as to form:
BART J. THILTGEN, City Attorney
ROBERT M. SHERFY
Assistant City Attorney
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