HomeMy WebLinkAboutReso 1991-16033 RESOLUTION NO. 16033
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY ATTORNEY TO PROVIDE AMICUS SUPPORT,
WITH INFORMATIONAL MEMOP~ANDUM TO THE COUNCIL
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, in pending litigation throughout the state and nation involving
or affecting cities, important principles of law are established as precedent
which can erode or supplement the authority of a City to govern; and
WHEREAS, it is the typical practice that cities who are not parties to
the litigation, but will be affected by the outcome, get permission from the
pending court, and select a brief writer to submit a "friend of the court"
brief; and
WHEREAS, the past practice of the City Attorney's office has been to
solicit the authority of the Council to permit the City to support an amicus
curiae position; and
WHEREAS, soliciting Council approval is time consuming in light of the
current case load and thin staffing; and
WHEREAS, without having to prepare a council agenda statement, the City
Attorney can quickly review a request for amicus support from a legal
perspective, and determine, from his knowledge of the needs of the City, that
it would be in the best interests of the City to support or not support a
request; and
WHEREAS, there is no cost to the City to have the City's name placed on
amicus curiae briefs, and no risk to the City for attorney's fees if the
participant in the litigation loses the case.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the City Attorney to pledge the amicus support of
the City of Chula Vista, which would include permitting the City's name to be
used in support of an amicus curiae brief, and when the time and resources of
the City Attorney's office permit, as the City Attorney shall determine, to
author amicus curiae briefs, upon a determination by the City Attorney that
the cause supported by the amicus brief will advance an important principal of
law from which the City of Chula Vista will be able to benefit as a municipal
authority.
Resolution No. 16033
Page 2 '-
BE IT FURTHER RESOLVED that the City Attorney shall provide an
informational memo to the City Council indicating the fact that he has
exercised such authority.
Pr~~ani~ppro d a~by
Resolution No. 16033
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 22nd day of January, 1991 by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Leonard M. Moo~I
Mayor, Pro-Tempore
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16033 was duly passed,
approved, and adopted by the City Council held on the 22nd day of January,
1991.
Executed this 22nd day of January, 1991.
Beverly A~ Authelet, City Clerk