Res 95-038RESOLUTION NO, 95-038
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AUTHORIZING THE CITY AT'FORNEY TO JOIN THE CITY
IN AMICUS CURIAE BRIEFS
WHEREAS, the League of California Cities has established the Legal Advocacy
Committee to urge, recommend, or otherwise report on amicus participation in pending appellate
cases which address important municipal law issues; and
WHEREAS, the City Attorney regularly reviews the written reports of the Legal
Advocacy Committee and reviews requests made of the City to join amicus briefs; and
WHEREAS, time limits for the preparation and filing of amicus briefs often make it
impractical to place requests for amicus participation on the City Council Agenda for
consideration; and
WHEREAS, the Legal Advocacy Committee urges participation only when the issue is
of statewide significance and is one in which all cities have a common interest in the same
outcome; and
WHEREAS, the Legal Advocacy Committee recommends participation only when the
issue would have a significant impact on a significant number of cities which have a common
interest in the same outcome and would not have a foreseeable adverse impact on other cities;
and
WHEREAS, the City Attorney is uniquely qualified to review amicus requests and act
quickly to join the City in an amicus brief which protects or advances the City's interests and
which presents issues consistent with the ordinances, resolutions, or policies of the City.
NOW THEREFORE BY THE CITY COUNCIL DOES HEREBY AS FOLLOWS:
Section I. Authorization:
Poway
any of
The City Attorney shall be authorized, but not required, to add the name of the City of
to an amicus curiae brief in any appellate court of the State of California in the event that
the following standards is met:
a) The Legal Advocacy Committee urges participation.
b) The Legal Advocacy Committee n.'commends participation.
c)
Participation would protect or advance the City's interests anti the case presents
issues consistent with thc ordinances, rcsoh, tions, or policies of the City.
RESOLUTION NO. 95-038
Page 2
Section 2. City Council Review:
In the ever~t that the City Attorney becomes aware of an amicus participation request
which does not meet any of the standards of Section I or determines for any other reason not
to join the City in an amicus brief, the City Attorney shall place the request on the City Council
agenda only if the City Manager or any member of the City Council so requests.
$~tion 3, R _L?ort By City Attorney:
In the event that the City Attorney joins the City in an amicus brief, the City Attorney
shall report that decision to the City Council, orally or in writing.
ADOPTED AND APPROVED by the City Council of the. City of Poway, California at
a regular meeting thereof this 6th day of dune , 1995.
ATTEST:
MARIORIg~.~ K. WAHLSTEN, City Clerk
Resolution No. 95-038
Page 3
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No.
95-038 was duly adopted by the City Council at a meeting of said City Council
hel~ the 6th day of June , 1995, and that it was so adopted by
the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie~(. Wahlsten, City Clerk
City of pOway