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CC - CONSENT ITEM: Adoption of a Resolution Authorizing the City Attorney to Initiate Certain Types of Litigation and Respond to Requests for Amicus Curiae Participation or Assistance.
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Meeting Date: January 23, 2023
Contact Person/Dept.: Heather Baker/City Attorney's Office
Phone Number: 310-253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (01/18/23)
Department Approval: Heather Baker, City Attorney (01/17/23)
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RECOMMENDATION
Staff recommends the City Council adopt a Resolution authorizing the City Attorney to initiate certain types of litigation and respond to requests for amicus curiae participation or assistance (Attachment 1).
BACKGROUND
Culver City Charter Section 901 sets forth the duties of the City Attorney, which include, among other things, serving as the chief legal adviser to the City in all matters pertaining to the business of the City and representing the City in all legal actions in which the City is concerned or is a party.
DISCUSSION
Initiation of Litigation
In the course of discharging the duties set forth in City Charter Section 901, it is necessary and expedient for the City Attorney to have the authority to undertake certain actions and enter into certain agreements without seeking City Council approval; for example, matters pertaining to the health, safety and welfare of the community that require immediate action, such as civil injunctions for violations of the Culver City Municipal Code. The operation of an illegal business is one such example where time is of the essence in filing for an injunction (to obtain a court order prohibiting the business from operating) if the business owner does not comply with a cease ...
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