HomeMy WebLinkAbout97-104 - Adopting a Policy Concerning the City's Participation in Friend-of-the-Court BriefsRESOLUTION NO.gy-10AI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADOPTING A POLICY
CONCERNING THE CITY'S PARTICIPATION IN FRIEND -
OF -THE -COURT BRIEFS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City of Costa Mesa (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 City Council that participation in
such briefs is in the City's interest; and
WHEREAS, there generally is no cost or a 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 benefit 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 that the City Council of the City of Costa
Mesa does hereby adopt the following policy regarding Friend -of -the -Court
participation:
SECTION 1. The City 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;
(b) Joinder in the brief is consistent with existing City ordinances,
resolutions, or policies;
(c) The League of California Cities and/or its Legal Advocacy Committee is
recommending the City join the brief; and
(d) The cost to the City to join the Friend -of -the -Court brief does not exceed
$100.00.
SECTION 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 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;
(b) Joinder in the brief is consistent with existing City ordinances,
resolutions, or policies; and
(c) The cost to the City to join the Friend -of -the -Court brief does not exceed
$100.00.
SECTION 3. Solicitations for all other cases on decisions regarding Friend -of -
the -Court participation in Friend -of -the -Court briefs shall be transmitted to the City
Attorney for evaluation under this policy.
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 5. The City Attorney is directed to provide reports to the City Council
of cases which the City has joined in a Friend -of -the -Court brief pursuant to this
policy.
PASSED AND ADOPTED this 15th day of December, 1997.
Mayor of the City of V&a Mesa
ATTEST:
PROVED AS TO FORM
Deputy Cit lerk of the City of Costa Mesa D
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 9tj- te)4 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 15th day of December, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 16th day of December, 1997.
Deputy q1jy Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa