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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
c .~ . v . ,:. 'I L
Subject: Ratification of City Attorneys
Office's Action in Further Joinder in an
Amicus Brief in Kay Barnes, et ai. v.
Jeffery Gorman in the U.S. Supreme
Court
Dept: CITY ATTORNEY
Date: January 30, 2002
Synopsis of Previous Council Action:
On December 17, 2001, the Council authorized joinder in a prior amicus brief in this case seeking
a Writ of Certiorari before the U.S. Supreme Court.
Recommended motion:
That the Mayor and Common Council ratify the actions of the City Attorney in joining the amicus
curiae brief on the merits in the case of Kay Barnes, et ai. v. Jeffery Gorman.
Lt-.~
() Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
Agenda Item No.
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STAFF REPORT
Council Meeting Date: February 4. 2002
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: January 30, 2002
AGENDA ITEM: Ratification of City Attorneys Office's in Further Joinder in an
Amicus Brief in Kay Barnes, et al. v. Jeffery Gorman in the U.S.
Supreme Court.
At the December 17, 2001 meeting of the Mayor and Common Council, the City
Attorney was authorized to join in an amicus curiae brief urging the U.S. Supreme court to
grant a Writ of Certiorari in the above matter. The Writ asks the court to hear the matter.
The U.S. Supreme Court has now agreed to hear the matter. The City of Sacramento has
now requested the City of San Bernardino's support in the amicus brief on the merits of the
case. A response was due to the request on or before January 31, 2002. The City
Attorney thought it was important for the City to continue its support of the City of
Sacramento.
The underlying case involves damages under the Americans with Disabilities Act
(ADA). The appellate court held that public entities are liable for punitive damages under
the ADA. As a matter of public policy most federal laws do not allow such damages
against public entities. If upheld, this decision would greatly expand municipal liability.
The City Attorney recommends that the City of San Bernardino ratify the City
Attorney's actions in joining this brief. There is no cost to the City in the joinder of this brief.