Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Federal Grant Litigation topic
No spam. Unsubscribe anytime.
Wilsonville council authorizes city attorney to sue to protect federal transit funding
Summary
City council voted 4-0 to authorize the city attorney to pursue affirmative litigation after staff said the Federal Transit Administration master agreement contains terms the city cannot comply with under state law.
The Wilsonville City Council on May 19 voted 4-0 to authorize the city attorney to file affirmative litigation to protect the city’s ability to continue receiving federal transit funds.
City Attorney: Staff seeks council authorization to engage in affirmative litigation to protect the city's ability to receive federal funding.
The move responds to terms in the Federal Transit Administration (FTA) master agreement staff said the city cannot accept. The city attorney told the council that some agreement clauses would require actions—specifically assistance in immigration enforcement—that conflict with Oregon state law and the city’s legal obligations. To preserve SMART (South Metro Area Regional Transit) funding, staff asked the council to permit litigation to resolve the conflict.
City Attorney described the issue as a mismatch between federal grant agreement language and state law prohibitions on local agencies assisting with immigration enforcement. The city attorney recommended authorizing litigation as a protective measure so the city can continue to receive FTA grants that support SMART transit operations.
Council President Berry moved the authorization; the motion was seconded and passed unanimously 4-0. Council discussion included requests that the Oregon Department of Justice be involved, given the state-level conflict described by speakers. No alternative course of action was adopted; the council approved litigation authorization.
The authorization does not itself alter services. It directs the city attorney to pursue legal action intended to clarify whether the city can accept federal grant terms while complying with state law. The staff and council identified the action as necessary to avoid losing grant-funded transit programs if the conflict is not resolved.
City staff advised people with questions to contact the city attorney’s office or SMART staff for technical details about the FTA agreement and grant funding.
