HomeMy WebLinkAbout078-89 RESOLUTION NO.78-89
ADOPTING NINETY DAY STATUTE OF LIMITATIONS
FOR CERTAIN DECISIONS OF THE DANVILLE TOWN COUNCIL
WHEREAS, certain decisions of the Danville Town Council may be
challenged in a court of law by means of a writ of mandate pursuant
to California Code of Civil Procedure, Section 1094.5; and
WHEREAS, California Code of civil Procedure, Section 1094.6
provides that legal challenges to local agency decisions
suspending, demoting or dismissing a Town officer or employee;
revoking or denying a permit, license or other entitlement; or
denying an application for a retirement benefit or allowance must
be brought within 90 days of such decision, if the provisions of
such Section have been adopted by the local agency; and
WHEREAS, the Town Council of the Town of Danville desires to adopt
the provisions of California Code of Civil Procedure, Section
1094.6 in order to lend Certainty to its decisionmaking process,
promote judicial economy and to better inform citizens, employees
and applicants of their legal rights; now, therefore
BE IT RESOLVED, by the Town Council of the Town of Danville that
the provisions of Section 1094.6 of the California Code of Civil
Procedure are hereby made applicable to all Town Council decisions
suspending, demoting or dismissing a Town officer or employee;
revoking or denying an application for a permit, license or other
entitlement; or denying an application for any retirement benefit
or allowance; and be it
FURTHER RESOLVED, that Town staff is hereby directed to provide the
notice required by such Section to all parties affected by such
decisions.
PASSED, APPROVED AND ADOPTED this 19th day of June, 1989, by the
following vote:
AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES~ NONE
ABSTAINED: NONE
MAYOR