RES-8924 Participation Policy Friend-of-the-Court BriefsRESOLUTION NO. 8924
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING A POLICY
CONCERNING THE CITY'S PARTICIPATION
IN FRIEND-OF-
THE-COURT BRIEFS.WHEREAS, public agencies and municipalities statewide are from
time to time involved in cases involving issues of general interest and applicability to
the City'
s interests; and WHEREAS, the City is asked from time to time to support
other public agencies in "amicus curiae" or friend-of-the-court briefs in cases
which have the potential to affect the City'
s policies, authority, or liability; and WHEREAS, friend-of-
the-court requests typically involve only general issues of municipal law and
not difficult, controversial or novel public policy concerns; and WHEREAS, frequently there
is insufficient time to place the issue of friend-of-the-court participation
on the City Council agenda for Council approval because of the extremely
short time period within which such briefs must be filed; and WHEREAS,
the City Attorney has advised the Council that
participation in such briefs is in the City's interest; and WHEREAS, there generally is
no or minimal cost to
the City in adding its name to a friend-of-the-
court brief; and WHEREAS, other California cities have lent assistance
to the City by participating in friend-of-the-court briefs on the
City's behalf; and WHEREAS, the City Attorney usually has the benefit
of the League of California Cities' recommendation
on the advisability of the City's participation in friend-of-
the-court efforts for appellate court cases; and WHEREAS, the
League of California Cities has an extensive process for evaluating friend-of-the-court briefing efforts and
recommends city participation in briefs only if
WHEREAS, the City values the League of California Cities' recommendation
becaLlse the League's review process involves collective review by as many as 24 city
attorneys from all regions of the state as well as the city officials who sit on the League's
board of directors; and
WHEREAS, the City Council retains its prerogative to object to the City's joinder
in any friend-of-the-court brief recommended by the City Attorney
and City Manager;NOW, THEREFORE, BE IT RESOL YED by the City Council of
the City of
Orange as follows:1. The Council authorizes the City Attorney and City Manager to
makea joint prel:iminary decision to add the City as a participant in friend-
of-the-
court briefs under the following circumstances:a) The City Attorney and City
Manager have reviewed the legal issues presented by the case and have jointly
determined that participation in the friend-of-the-court brief would protect
or advance the City's legal interests; and b) Joinder in
the brief is consistent
with
existing City ordinances,
resolutions or policies; and c)exc'~ed $200.The cost to the
City of joining the friend-of-the-court brief does
not 2. For all other cases, the decision regarding friend-of-the-court participation shalll be
made
by the City Council in closed session upon the recommendation of
the City Attorney.3. City staff members who receive solicitations regarding
the City's participation in friend-
of-the-court briefs shall transmit those solicitations to the City Attorney for
evaluation under this policy.4. The City Attorney is directed to promptly notify
the City Council by informational memorandum as soon as practicable of any instance in
which the City Attorney and City Manager have made a joint preliminary decision
that the City should join in a friend-of-the-court brief pursuant to
this policy. The City Attorney's informational memorandum shall designate a date by
which the City will join the friend-
of-the-court effort
5. No joinder based on the City Attorney's or City Manager's preliminary
decision shall be made in a friend-of-the-court effort if any City
Council member notifies the City Attorney by the specified date to request that the matter
be agendized for discussion
in closed session.ADOPTED this 12th day
of
May,
1998.l /?1 .~ <~2/}(.<
ne./ l.~;:t jianne
Coontz,
Mayor
J U ATTEST:C1Lf~
P Jf- r7u~Cassandra J.
Cathcab{ City Clerk I hereby certify that the foregoing Resolution was duly and regularly
adopted by the City Council of the City of Orange at a regular meeting thereof held on the 12th
day of May,1998, by
the following vote:AYES: COUNCIL MEMBERS: MURPHY.
SLATER. COONTZ. SPURGEON NOES:
COUNCIL MEMBERS: NONE ABSENT:
COUNCIL MEMBERS: ALVAREZ
ABSTAIN: COUNCILMEMBERS: NONE A-1 /J~dA'# .
M~{/LI~ AA-:r Cassandra
J. Cath , City Clerk Reso.