Title
Authorize the City Attorney to Join as Amicus Curiae on Behalf of the City in Support of Lawsuits Concerning Topics for which the Council has Already Taken an Official Policy Position. (City Attorney)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City has recently received a handful of requests to join as amicus curiae. The City Attorney's Office is requesting that the Council give general authorization to the City Attorney to join such efforts if doing so advances an official position the City Council has taken in the past.
BACKGROUND
Recently, the City Attorney's Office received a request to join as amicus curiae ("friend of the court") in Homeaway, Inc. and AirBnB, Inc. v. City of Santa Monica. The City Attorney's Office understands that a similar request may be forthcoming in Rosenblatt v. City of Santa Monica, et al.
DISCUSSION
Often the City Attorney's Office is asked to consider the City's interest in joining briefs as amicus curiae ("friends of the court") submitted in support of cities for which the City of Alameda is not a party. These requests often come from other cities and local agencies who are named parties in lawsuits implicating local interests.
The rules of appellate procedure allow for amicus curiae to submit briefs in support (or against) the position of a named party. However, the confluence of the deadlines for joining as an amicus curiae and the City's obligations under the Brown Act/Sunshine Ordinance for seeking Council authorization often make those deadlines difficult to meet.
Given the time constraints to sign on as an amicus curiae, the City Attorney's Office is requesting general authority for the City Attorney sign on as an amicus curiae, but only where it is consistent with advancing an official position as declared by the City Council. For example, the City has taken an official position by having adopted a resolution concerning Sanctuary Cities. Similarly, the City Council has pe...
Click here for full text