APPROVED AS TO FORM AND LEGALITY
__________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE THE CASE OF CITY OF OAKLAND V.
OAKLAND UNIFIED SCHOOL DISTRICT, ALAMEDA SUPERIOR
COURT CASE NO. 24CV091999, CITY ATTORNEY FILE NO. X05545 FOR
THE PAYMENT TO THE CITY BY THE OAKLAND UNIFIED SCHOOL
DISTRICT OF EIGHT HUNDRED SIXTY THOUSAND DOLLARS AND
NO CENTS ($860,000.00) REPRESENTI NG THE FULL COST OF 2022
SCHOOL BOARD ELECTION AND FOR A COMMITMENT FROM
OAKLAND UNIFIED SCHOOL DISTRICT TO PAY THE COSTS OF ITS FUTURE ELECTIONS (CITY CLERK – WRIT OF MANDATE, AND
DECLARATORY RELIEF)
WHEREAS, the City of Oakland (City) filed a Petition for Writ of Mandate and a Complaint for Declaratory and Injunctive Relief s eeking to require the Oakland Unified School District (OUSD) to pay the costs of its Board of Directors Elections; and WHEREAS, the City filed this action after OUSD refused to pay the cost of its 2023 special election; and
WHEREAS, a trial c ourt rejected OUSD’s demurrer (motion to dismiss) to the City’s Petition and Complaint and held that OUSD did have an obligation to pay for the costs of elections for its Board of Directors;
WHEREAS, the City has considered all evidence, litigation costs, and risk; and WHEREAS, OUSD has agreed to settle this matter for full payment of the 2022 election, totaling $860,000, and a commitment to pay for future elections; now, therefore, be it RESOLVED: that the Council hereby authorizes a nd directs the City Attorney to compromise and settle the case of City of Oak land v. Oakland Unified School District, Alameda County Superior Court Case No. 24CV091999, City A ttorney File No. X05545, for the payment of Eight Hundred Thousand Sixty ($860,000.00) represe nting the full cost of the 2022 School Board Election and for a commitment from OUSD to pay the costs of future OUSD elections; and be it
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FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON , RAMACHANDRAN, UNGER, WANG AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California