HomeMy WebLinkAbout17530 - RESOLUTIONS - 6/5/1991 RESOLUTION NO. 17530
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
OPPOSING THE RETENTION OF AN ATTORNEY BY
A JOINT POWERS AUTHORITY OR OTHER JOINT
BODY WHO UNDERTAKES LITIGATION AGAINST A
CITY WHO IS A MEMBER OF THE AUTHORITY OR
JOINT BODY
WHEREAS, cities are members of joint powers authorities,
governmental agencies and other governmental associations;
and
WHEREAS, in the desert area, these joint powers
authorities, governmental agencies and other governmental
r associations include the Coachella Valley Association of
Governments, the Sunline Joint Powers Transportation Agency,
the Coachella Valley Joint Powers Insurance Authority, and
the Palm Springs Desert Resorts Convention & Visitors Bureau;
and
WHEREAS, joint powers authorities, governmental agencies
and other governmental associations serve as important forums
for member cities to work collectively and pool their
resources; and
WHEREAS, in order to further the purposes of the joint
powers authorities, governmental agencies or governmental
r associations, it is imperative that member cities be able to
share information with the other member cities and officers
y of the joint body; and
WHEREAS, joint powers authorities, governmental agencies
and other governmental associations require legal represen-
tation; and
WHEREAS, an attorney-client relationship requires a high
level of confidence that the attorney will serve as an
advocate in advancing the client's interests; and
WHEREAS, by representing both a joint powers authority
or other joint body and a person suing a member city of such
a body, an attorney assumes a legal position which actively
opposes the member city; and
r
WHEREAS, an attorney's representation of both a joint
' powers authority or other joint body and a person suing a
member city of such a body may hamper the member cities'
willingness to share information with the joint body or with
the other city members and may erode the attorney-client
confidence necessary for complete and adequate legal
representation; and
r
WHEREAS, the City Council of the City of Palm Springs
finds and determines that the situation where an attorney
represents a joint powers authority, governmental agency or
other governmental association while at the same time
representing a person or organization who is suing a member
city of such a public organization is inappropriate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Palm Springs as follows:
Section I. That the City of Palm Springs opposes the
retention of an attorney by a joint powers authority, a
governmental agency or other governmental association
composed of city members, where the attorney represents a /
person or organization who is suing a member city of such a
Res. No. 17530 4
Page 2
joint powers authority, governmental agency or governmental
r
association.
Section 2 . That: the City of Palm Springs believes
that the joint: powers authorities, governmental agencies and
other governmental associations in the desert area should
avoid retaining attorneys who pursue litigation against
member cities of such joint powers authorities, government
agencies and other governmental associations.
Section 3 . That the city Council of the City of Palm
Springs authorizes the Mayor of Palm Springs to send a letter
to the mayors and city councils of desert area cities
requesting their support of the position of the City of Palm
Springs.
r
Section 4 . That after the City Council of the City
of Palm Springs adopts this resolution, the city Clerk for
the City of Palm Springs shall (i) send a copy of this
resolution to the appropriate desert area joint powers
authorities, governmental agencies and other governmental
associations, and (ii) submit a form of this resolution to
the other member cities for their consideration.
ADOPTED this 5th day of June _, 1991.
AYES: Councilmembers Broich, Murawski , Neel and Mayor Bono
NOES: Councilmember Hodges
ABSENT: None
ATTEST: CITY F PALM SPRING CA JFORNIA
City Clerk C ' y Manages
r
REVIEWED & APPROVED y
9/425/014084-0001/016 ,
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