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CC - ACTION ITEM: (1) Discussion and, if Desired, Recommendation of a City Council Position on SB 747 (Wiener) Civil Rights: Deprivation of Federal Constitutional Rights, Privileges, and Immunities; and (2) Direction to Distribute the City’s Position Letter to State Legislators.
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Meeting Date: April 27, 2026
Contact Person/Dept.: Shelly Wolfberg/City Clerk’s Office
Phone Number: (310) 253-6008
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [ ]
Attachments: Yes [X] No [ ]
Public Notification: (E-Mail) Office of Senator Scott Wiener; Meetings and Agendas - City Council (04/23/2026)
Department Approval: Jeremy Bocchino, City Clerk (04/06/2026)
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RECOMMENDATION
Staff recommends that the City Council discuss and provide direction regarding whether to adopt a position on SB 747 (Wiener), and, if desired, authorize the Mayor to transmit a letter reflecting the City Council’s position to the California State Legislature.
BACKGROUND/DISCUSSION
At the January 26, 2026 City Council Meeting, Vice Mayor Fish received consensus from Mayor Puza and Council Member McMorrin to consider endorsing SB 747 (Wiener), introduced during the 2025-2026 California Legislative Session. SB 747 would create a state-level legal pathway to sue federal officers (e.g., ICE agents) for violations of constitutional rights such as unlawful searches, excessive force, or false arrest-addressing limits imposed by recent federal court decisions.
The Tom Bane Civil Rights Act permits individuals to pursue legal remedies when someone interferes with their state or federal constitutional rights through threats, intimidation, or coercion. Both the California Attorney General and individuals can file civil lawsuits for injunctions or damages. Cases must be filed in specific county courts, and plaintiffs can receive attorney’s fees if successful. Federal law also permits lawsuits if rights are violated under state laws or customs. SB 747 seeks to extend similar protections and liability to all acts of rights deprivation, adding provisions for venue, attorney’s fees, and possible award of costs and expert fees. Defendants can use immunity defenses, but cases must be initiated within two years of the violation. The bill’s provisions apply retroactively from March 1, 2025, and include severability, meaning individual sections can remain valid if others are invalidated.
Although the legislation is primarily intended to target federal agents, it creates a separate state law cause of action applicable to any person acting under color of law (this includes local officers). In other words, it provides plaintiffs with an additional pathway to sue local agents in state courts. Currently, there are relationships between Culver City and federal agencies and regional task forces involving federal partnerships.
The City of Culver City is a Sanctuary City. Further, as reflected in the City’s Legislative and Policy Platform (Platform) adopted by the City Council on November 11, 2024, the Platform’s Guiding Principles state that the City supports efforts to:
• Encourage equality, equal pay, marriage equality, religious freedom, immigrant rights, diversity, and social justice;
• Condemn all hateful speech and violent actions; and
• Commit to pursuing a policy agenda that affirms civil and human rights and ensures that those targeted on the basis of race, religion, gender identity, sexual orientation, or immigration status can turn to government without fear of recrimination.
The City Council has requested that the item be agendized to consider whether the City should take a formal position on SB 747.
FISCAL ANALYSIS
There is no fiscal impact associated with the decision on whether to adopt and distribute position letters for SB 747. The fiscal impacts of SB 747 are unknown at this time. While unknown, there could be potential costs to local governments for increased exposure to civil liability. Agencies may also incur higher liability insurance costs due to increased litigation exposure.
ATTACHMENT
1. 2026-04-27 - ATT SB 747 (Wiener) Civil rights: deprivation of federal constitutional rights, privileges, and immunities. (Amended - 1/22/2026)
recommended action
MOTIONS
That the City Council:
1. Adopt a position on SB 747, if desired; and/or
2. Direct the distribution of position letters for SB 747; and/or
3. Provide other direction to the City Manager as deemed appropriate regarding SB 747.