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RES. ADOPTED City Attorney Stein apprised the Council that at a recent
MAKING conference, he learned that in order to limit the amount of
APPLICABLE THE time in which an individual can file an appeal to the Superior
PROVISIONS OF Court from an administrative decision, it is necessary for the
CODE OF CIVIL City to pass a resolution adopting Code of Civil Procedure
PROS-FDURE SECTION Section 1094.6. Following a detailed explanation by the City
1094.6 PROVIDING Attorney and Council discussion, Council, on motion of Mayor
FOR JUDICIAL Reid, Pinkerton second, adopted Resolution No. 82-49 — Resolu-
REVIEW OF tion of the City Council of the City of Lodi, making applicable
ADMINISTRATIVE the provisions of Code of Civil Procedure Section 1094.6
DECISIONS providing for judicial review of administrative decisions.
RES. NO. 82-49
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�L'NCIL COMMUNiCATI
TO TME CITY COUNCIL DATE NO.
FROM: THE CI" MANAMI ONKE MAY 17, 1982
SUBJECT- Time Limit on Appeals of Administrative Decisions
At a rer- _ Conference, I learned that in order to
limit the amount of time in which an individual
can file an appeal to the Superior Court from an
administrative decision, it is necessary for the
City to pass a resolution adopting Code of Civil
Procedure Section 1094.6. One City was sued 4-1/2
years after an administrative decision to terminate
an individual and the City was required to pay 4-1/2
years' in back wages.
The areas with which I am concerned are not only
the personnel areas, but decisions regarding land
use matters.
With this in mind, it is my recommendation that
Council pass the Resolution which is included in
your packets.
RONALD M. STEIN
CITY ATTORNEY
RMS :vc
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LODI, 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 a resolution making Code of Civil Procedure Section
1094.6 applicable to such local agency; and
WHEREAS, the Council finds and determines that such
will provide an orderly and reasonable procedure for the
review of administrative decisions;
NOW, THEREFORE, the City Council of the City of Lodi
HEREBY RESOLVES that the provisions of Section 1094.6 of the
California Code of Civil Procedure are applicable to the
City of Lodi.
Dated:
i
i
i
MEMORANDUM
To: City Manager
Assistant City Manager
From: City Attorney
Re: Resolution re Judicial Review of
Administrative Decisions
Date: May 10, 1982
The attached resolution should be passed by the City Council
of the City of Lodi as soon as possible. This resolution
will put into effect a 90 -day statute of limitations on any
cause of action which is filed in the Superior Court to
review an administrative decision. Specifically, this would
avoid a land use decision or a personnel decision being
reviewed two, three or four years after the actual dscision
was made by the City Council.
It is suggested that although this resolution is not subject
to the meet and confer provisions of the Meyers-Milias-Brown
Act, that we do in fact let the employee representatives
know of this resolution.
It is my suggestion that we put this on the next City Council
Agenda for passage.
RMS:vc
attachment
cc: City Clerk
RONALD M. STEIN
CITY ATTORNEY
CODE OF CIVIL PROCEDURE SECTION 1094.6, Continued
e
If the employee or his/her representative so requests,
the complete record of the proceeding, must he prepared by t -he
local agency, or the board or other agent which made the decision,
and delivered within ninety days after the written request is
filed. The agency may recover the actual costs for transcribing
or otherwise preparing the record.
Below is a sample resolution that may be adopted by your
agency. It is suggested that the adoption of this resolution will
avoid the problems at least one City was forced to resolve through
costly litigation.
It is suggested that you issue an aVpropriate directive
to personnel involved in administering your disciplinary appeals
procedure to explain the implementation of the resolution. You
will also want to reference this resolution any time you outline
the administrative appeal procedures contained in the Personnel
Ordinance, Personnel Rules and Regulations, and/or the Memoranduia
of Understanding.
While this issue is certainly not beyond dispute,*we
believe that the type of resolution suggested is not subject to
the "meet and confer" provisions of the Meyers-Kilias-Brown Act.
SAMPLE RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
�o
, MAKING APPLICABLE It,
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 a
resolution making Code of Civil Procedure Section 1094.6 applic-
able to such local agency; and
WHEREAS the Council finds and determines that such will
provide an orderly and reasonable procedure for the review of
administrative decisions,
NOW THEREFORE, the City Council of the City of
HEREBY RESOLVES that the provisions of Section
T094.6 of iTie California Code of Civil Procedure are applicable
to the City of
APPROVED AND ADOPTED THIS day of , 19_