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File #: 23-405    Version: 1 Name: Resolution re Initiation of LItigaiton and Amicus Requests
Type: Resolution Status: Consent Agenda
File created: 11/8/2022 In control: City Council Meeting Agenda
On agenda: 1/23/2023 Final action:
Title: 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.
Attachments: 1. 2023-01-23_ATT 1_Resolution Adopting Initiation of Litigation and Amicus Policy.pdf, 2. 2023-01-23_ATT 2_September 22, 1986 City Council motion.pdf
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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)

______________________________________________________________________

 

 

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 and desist letter.

 

The proposed Resolution authorizes the City Attorney, in consultation with the City Manager, to initiate the following types of litigation:

                     Time sensitive matters relating to the public’s health, safety and welfare; and

                     Collection of debt or obligations from third parties (e.g., subrogation, indemnity matters);

 

In addition, the proposed Resolution authorizes the City Attorney to execute the following  litigation-related agreements:

                     Agreements to toll any applicable statutes of limitations with respect to litigation brought by or against the City (known as tolling agreements); and

                     Joint defense, joint privilege, or common interest agreements in order to share privileged information, strategies, or efforts without waiving the attorney-client and attorney work product privileges.

 

Requests for Amicus Curiae Support

 

In the course of discharging the duties set forth in City Charter Section 901, the City Attorney receives requests for amicus curiae participation or assistance from the League of California Cities, other municipal law organizations, individual cities, and other public entities.  Amicus Curiae translates to “friend of the court”.  An amicus curiae is a person or an entity that is not a party to a case, but participates in the litigation by offering additional, relevant information or arguments they would like the court to consider before making a decision. 

 

With respect to those matters that are routine in nature and advance the City’s interest, it is expedient to authorize the City Attorney, in consultation with the City Manager, to provide amicus curiae participation or assistance.  On September 22, 1986, the City Council, by motion, previously authorized the City Attorney to determine whether the City should join in amicus curiae briefs when such joinder is at no cost to the City, and to inform the City Council when such joinders are made (Attachment 2).

 

The proposed Resolution, which would supersede the prior motion, authorizes the City Attorney, in consultation with the City Manager, to respond to requests for amicus curiae participation or assistance when the subject matter involves issues that are routine in nature and advance the City’s interest.  The policy also requires the City Attorney to inform the City Council of any action taken by the City Attorney to provide amicus curiae participation or assistance.  Matters that are determined to present sensitive issues of policy would continue to require approval of the City Council. 

 

                     

FISCAL ANALYSIS

 

There is no fiscal impact associated with the adoption of the proposed Resolution.  Any litigation costs that may be incurred on individual cases are funded by the City Attorney’s legal services budget or the City’s Self-Insurance Fund, as applicable.

 

ATTACHMENTS

 

1.                     2023-01-23_ATT 1_Resolution Adopting Litigation and Amicus Policy

2.                     2023-01-23_ATT 2_September 22, 1986 City Council motion

 

 

MOTION

 

That 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.