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HomeMy WebLinkAbout17- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman Subject: Authorization to Send a Letter to the California Supreme Court in Support of the City of Alhambra's Petition for Review of Dept: CITY ATTORNEY Alejo v. City ofAlhambra,and, if Petition is Granted,to Join in Amicus Brief in Support of the City of Alhambra Date: January 5, 2000 ORI U J4A Synopsis of Previous Council action: ( L None. Recommended motion: The City of San Bernardino to send a letter to the California Supreme Court supporting the Petition for Review in Alejo v. City of Alhambra,and, if Petition granted,to join in Amicus Brief. tlnne0 /Ptiw�s.. i ignature I Contact person: Robert L Simmons Phone: Supporting data attached:_ Staff Report Ward: All FUNDING REQUIREMENTS: Amount: _None Source: Finance: Council Notes: Agenda Item No. *1/ ^� STAFF REPORT Council Meeting Date: January 10, 2000 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: January 5, 2000 AGENDA ITEM: Authorization to Send a Letter to the California Supreme Court in Support of the City of Alhambra's Petition for Review of Alejo v. City of Alhambra, and, if Petition Granted, to Join in Amicus Brief in support of the City of Alhambra The father of a three year old boy reported suspected child abuse by the mother's boyfriend to the Alhambra Police Department. The police department is required to report a reasonable suspicion of child abuse to the local child protection agency. This was not done. Six weeks after the father made his initial report, the child was severely abused and permanently disabled. The father then sued the City for failing to report the abuse and, as a result, causing the child to suffer further abuse. The trial court dismissed the suit on the ground that the city and its officers are not liable when they fail to report such abuse. The Court of Appeal then reversed the trial court. The court held that the Legislature intended to impose a mandatory duty on police officers to investigate and report the suspected child abuse. The City of Alhambra has asked the City of San Bernardino and other cities, to write a letter to the California Supreme Court urging the Court to review the lower court opinion. Generally, law enforcement owes a duty of care only to the general public and not to specific individuals. Only if the police create a "special relationship"to a member of the public does a duty arise. Normally, a special relationship does not arise by failing to investigate a crime. The City Attorney's office recommends that the City of San Bernardino send a letter to the California Supreme Court supporting the Petition for Review and, if the Petition is granted, to join in the amicus brief.