Item 19 - Resolution Authorizing the City Attorney to Join the City in Amicus Curiae Briefs
AGENDA REPORT SUMMARY
TO:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City M#
Stephen M. Edris, City Atto~
INITIATED BY:
DATE:
June 6, 1995
Resolution Authorizing the City Attorney
to Join the City in Amicus Curiae Briefs
SUBJECT:
ABSTRACT: This Resolution would formalize the practice of the City of Poway in
joining amicus briefs in the appellate courts of the State of California. The City Attorney
is currently authorized to join the City as amicus provided that such joinder is consistent
with the ordinances, resolutions or policies of the City and the case presents an issue
important to the City. The Resolution would formalize this practice and require the City
Attorney to report to the City Council the fact that he has joined the City in an amicus
brief.
ENVIRONMENTAL REVIEW: None required.
FISCAL IMPACT: None.
ADDmONAL PUBLIC NOTIFICATION AND CORRESPONDENCE: Standard
distribution.
RECOMMENDATION: It is recommended that the City Council adopt the attached
Resolution authorizing the City Attorney to join the City in amicus curiae briefs.
ACTION:
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~ AGENDA REPOR_
CITY OF POW A Y
~is report!s included on the Consert: Calendar. There will be no seperate discussion of the report prior to approval by the
CIty Couned un~ IT.eullb.aS ci the Council. staff or public request it to be removed from the Consent Calendar and
discussed seperately. tf)lOU wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give ~ to the Qty ~ p<Ior ID the beginning 01 the City Council meeting.
TO: . Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City M~
INITIATED BY: Stephen M. Ec1ris, City Attorn~
DATE: June 6, 1995
SUBJECT:
Resolution Authorizing the City Attorney
to Join the City in Amicus Curiae Briefs
BACKGROUND:
An amicus brief is a "friend of the court brief" that the City of Poway may join when
it is not otherwise a party to the litigation. It is often important for many cities to join as a
friend of a city which has been sued in order both to help that city prevail in the litigation
and to establish law which is in the public interest. The Legal Advocacy Committee of the
League of California Cities reviews all such important cases. In the most important cases the
Committee will either recommend or urge participation in an amicus brief.
The City Attorney reviews the reports of the Legal Advocacy Committee concerning
important pending cases. The Committee was organized specifically to review municipal law
cases to be decided at the appellate level in California and to make recommendations to cities
whether or not to join an amicus brief.
The Legal Advocacy Committee In:il:1 participation only when the issue is of
statewide significance and is one in which all cities have a common interest in the same
outcome. The 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. The City
Attorney frequently joins poway in amicus briefs recommended or urged by the Committee.
In addition, the City Attorney may also join the City in an amicus brief in which
participation bas not been urged or recommended by the Committee when participation would
protect or advance the City's interest and the case presents issues consistent with existing
ordinances, resolutions or policies of the City.
ACTION:
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CITY OF POWAY
AGENDA REPOIn'
June 6, 1995
Page Two
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The most recent example of a case in which the City participated as amicus and which
was decided in a manner which is consistent with the City's ordinances, policies, and
resolutions is the case of De Vita v. County of NlIPa. In that case an initiative measure by
the voters of the County of Napa requiring voter approval before agricultural or open space
property could be rezoned to a more intensive use was approved by the California Supreme
Court.
There is often very little time available to make the decision to join an amicus brief.
For that reason the City Attorney has made the decision for the City, usually without City
Council participation, pursuant to an informal policy of the City Council authorizing the City
Attorney to make such decisions. The resolution attached to this staff report would formalize
this procedure.
FINDINGS:
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. The City
Attorney has the best opportunity to review the reports of the Legal Advocacy Committee
and to detennine which cases urged or recommended by that Committee should be joined by
the City of Poway. The time requirements of the appellate courts often do not allow
sufficient time for City Council review.
The City Attorney does not join the City of Poway in amicus participation in many
cases even though those cases may be urged or recommended by the Legal Advocacy
Committee. That decision is made on the basis that Poway has an insufficient interest in
such cases. 'I'he City Attorney typically does not report those cases to the City Council and
should place such cases on the City Council Agenda only if a member of the City Council or
the City Manager so requests. As an informational matter the City Attorney should report to
the City Council, either orally in writing, his decision to join the City in an amicus brief.
ENVIRONMENTAL REVIEW:
This report is not subject to CEQA.
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CITY OF POWAY
AGENDA REPORT
June 6, 1995
Page Three
FISCAL IMPACT:
None.
ADDmONAL PUBUC NOTIFICATION AND CORRESPONDENCE:
Standard distribution.
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution authorizing the
City Attorney to join the City in amicus curiae briefs.
###
Attachments:
Resolution.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AUTIiORIZING THE CITY ATTORNEY 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 ordinfJIces, resolutions, or policies of the City.
NOW THEREFORE BY THE CITY COUNCIL DOES HEREBY AS FOLLOWS:
Section I. Authorization:
The City Attorney shall be authorized, but not required, to add the name of the City of
Poway to an amicus curiae brief in any appellate court of the State of California in the event that
any of the following standards is met:
a) The Legal Advocacy Committee urges participation.
b) The Legal Advocacy Committee recommends participation.
c) Participation would protect or advance the City's interests and the case presents
issues consistent with the ordinances, resolutions, or policies of the City.
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RESOLUTION NO.
Page 2
Section 2. City Council Review:
In the event that the City Attorney becomes aware of an amicus participation request
which does not meet any of the standards of Section J 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.
Section 3. Report 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 _ day of , 1995.
DON HIGGINSON, Mayor
ATIEST:
MARJORIE K. WAHLSTEN, City Clerk
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