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San Diego council unanimously adopts expedited process for City Attorney to join federal actions
Summary
The council approved a staff‑recommended process allowing the City Attorney to quickly consider joining amicus briefs, initiating litigation, and filing responses to federal rulemaking in cases that may affect city funds or residents’ rights. The vote was 9–0 after an amendment to add civil‑rights protections.
The City Council unanimously approved an amended staff recommendation Feb. 24 to authorize an expedited process for the City Attorney’s Office to join amicus curiae briefs, initiate or join federal litigation and participate in federal rulemaking on behalf of the City of San Diego.
City Attorney Heather Ferber told the council her office had received multiple time‑sensitive requests in recent weeks and was asking for a process that would allow rapid response to federal actions that could threaten the city’s fiscal stability or the constitutional and statutory rights of residents. Under the approved procedure, the City Attorney’s Office will email council members when a request arrives and make reasonable efforts to give members at least three days to respond; if three or more council members ask for the matter to be scheduled for closed session, it will be, and otherwise the office may proceed. Ferber said actions taken under the authority would be recorded in the office’s litigation logs and reported to council.
Several public commenters urged caution on transparency and fiscal cost. Mary Davis, identified as a government watchdog and citizen journalist, said the proposal ‘‘moves backwards in the transparency game’’ and warned a passive opt‑in system could weaken public accountability. Other speakers said the measure is important to protect the city’s interests in federal court.
Council Member Joe Foster (identified in the record as Council Member Foster) moved staff’s recommendation with additional issue areas to be included: civil rights, anti‑discrimination protections and diversity programming for protected classes; Council Member Elo Rivera seconded. Ferber said the monthly litigation log and existing rules of counsel would provide reporting and oversight. The council voted 9–0 to adopt the amended process.
The new process is limited to cases brought in the name of the City of San Diego and does not prevent members from seeking closed‑session consideration. Staff said the office will strive to notify members with at least three days’ notice when possible and will provide monthly updates about actions initiated under the authority.
