HomeMy WebLinkAboutReso - CC - 095-1981RESOLUTION NO. 95 - 81
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BURLINGAME, MAKING APPLICABLE THE
PROVISIONS OF CODE OF CIVIL PROCEDURE SECTION
1094.6 PROVIDING FOR JUDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS
WHEREAS,California Code of Civil Procedure Section
1094.6 (g) permits the governing body of a local agency to adopt
resolution making Code of Civil Procedure Section 1094.6 applic-
able to such local agency; and
WIiEREAS,the Council finds and determines that such will
provide an orderly and reasonable procedure f6r the review of
administrative decisions,
NOW THEREFORE, the City Council of the City of
Burlingame, HEREBY RESOLVES that the provisions of Section
1094.6 of the California Code of Civil Procedure are applicable
to the City of Burlingame.
APPROVED AND ADOPTED THIS 21 day of December 19 81
Ma-yor
I, EVELYN H. HILL, City Clerk of the City of Burlingame
certify that the foregoing Resolution was introduced at a regular
meeting of the City Council held on the 21 day of December,
1981, and was adopted thereafter by the following vote:
AYES: COUNCILMEN: Amstrup, Barton, Crosby, Mangini, Martin
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
C� , vL L� , .✓ / V �N �.-CSC.
City,/Clerk
December 16, 1981
TO: CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: TIME LIMITATIONS UPON SUITS CHALLENGING
CITY ACTIONS
You are aware that actions questioning the decisions of your
Council are pursued through the legal process known as a
Writ of Mandate in Superior Court. There is normally no time
limit which restricts the period in which a suit must be
brought after a decision of a body such as your Council.
This has not been a real problem but a recent case allowed
such an action to be filed almost two years after a City
Council decision in a personnel case. It has therefore
been recommended by many authorities that California cities
adopt the ninety day limitation period which is allowed by
Code of Civil Procedure section 1094.6.
That section provides that the Writ of Mandate action must
be filed in court within ninety days of the Council's decision.
It would apply to your decisions on employee personnel matters
and on permits, licenses or other similar actions. The only
substantive requirements of the section are that we must
provide a record to the employee at his expense once the
lawsuit is filed and that we must inform him of the ninety
day limit at the time the decision is made. I recommend
that the attached resolution be adopted.
JEROME F. CFv
EMAN
City Attor
JFC/b
Attachment