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32 RESOLUTION NO. 2023-R____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, AUTHORIZING THE CITY
ATTORNEY TO INITIATE CERTAIN TYPES OF
LITIGATION AND RESPOND TO REQUESTS FOR
AMICUS CURIAE PARTICIPATION OR ASSISTANCE.
WHEREAS, Culver City Charter Se ction 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; and WHERAS, in the course of discharging the duties set forth in City Charter Section 901, the City Attorney receives requests for ami cus curiae participation or assistance from the Lea gue of California Cities , other munic ipal law organizations, individual cities, and other public entities; and
WHEREAS, w ith respect to those matters that are routine in nature and advance the City’s interest, it is expedient to authorize the City Attorne y, in consultation with the City Manager, to provide amicus curiae participation or assistance; and WHEREAS, on September 22, 1986, the City Council, by motion, previously authorized the City Attorney to determine whether the City should join in amicus cu riae briefs when such joinder is at no cost to the City, and to info rm the City Council when such joinders are made; and
WHEREAS, in the course of discharging the duties set forth in City Charter Section 901 , it is necessary and expedient for the City Att orney to have the au thority to undertake certain actions and enter into certain agreements without seeking City Council approval; for example, matters pertaining to the public health, safety and welfare that
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32 require immediate action, such as civil injunctions for violations of the Culver City Municipal Code.
NOW, THEREFORE, the City Council of the City of Culve r City, DOES RESOLVE as follows:
1. The C ity Council hereby authorizes t he City Attorney to initiate certain types of litigation and respond to requests for amicus curiae particip ation or assistance, as follows:
A. Initiation of Litigation : When the City Attorney deems it appropriate, in consultation with the City Manager, the City Attorney may:
i. Initiate litigation when the subject matter of the litigation involves time sensitive matters relatin g to the public’s health , safety and welfare (e.g., civil injunctions for violations of the Culver City Municipal Code);
ii. Initiate litigation to collect debts o r obligations paid by the City that are the responsibility of third parties (e.g., subrogation, indemnity);
iii. Enter into agreements to toll any applicable statute of limitations with respect to litigation brought by or against the City; and
iv. Enter in to 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.
B. Amicus Curiae Participation or Assistance:
i. The Cit y Attorney, after consultation with the City Manager, is authorized to determ ine whether or not the subject matter of requests for amicus curiae participation or assistance involve issues that are routine in na ture and advance the City’s intere st, or whether the subject matter presents sensitive issues of policy for the City Council.
ii. When the City Attorney, after consultation with the City Manager, determines that the subject matter of a request for amicus curiae participation or assistance involves routine issues that advance the City’s interest, th e City Attorney is authorize d to provi de such amicus curiae participation or assistance as they deem appropriate. The City
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32 Attorney shall inform the City Council of any action taken by the City Attorney to provide amicus curiae participation or assistance.
iii. When the City Attor ney, in consultation with the City Manager, determines that the su bject matter of a request for amicus curiae participation or assistance involves one or more sensitive issues of policy, and that it is approp riate to recommend that the City of Culver City provide amicus curiae participation or assistance, the request sha ll b e brought to the City Council for decision.
2. This Resolution shall supersede the City Council motion passed on September 22, 1986, referenced in the above recitals.
APPROVED and ADOPTED this _____ day of ___________ 2023.
ALBERT VERA, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO HEATHER BAKER
City Clerk City Attorney