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10E Action 2011 0919
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10E Action 2011 0919
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9/20/2011 10:10:00 AM
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9/16/2011 5:32:27 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/19/2011
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_CC Agenda 2011 0919
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RESOLVED, by the General Assembly of the League of California Cities, assembled during the <br />Annual Conference in San Francisco, September 23, 2011, that the League encourages the existing 482 <br />California cities to adopt resolutions calling for tort reform; and, be it further <br />RESOLVED, that California cities be encouraged to ask their state legislators to pass a bill that <br />establishes loser -pays lawsuit and tort reform; and, be it further <br />RESOLVED, that California cities are encouraged to ask the League to sponsor and support a <br />statewide proposition that makes loser -pays lawsuit and tort reform a constitutional amendment. <br />Background Information on Resolution No. 2 <br />Source: Citv of Waterford <br />Every year cities must weigh the cost of fighting frivolous lawsuits against the amounts requested by the <br />plaintiffs. The frivolity of the lawsuits usually have little bearing on this balancing act, nor does the <br />likelihood that settling will only encourage more lawsuits. This perverse use of the court system penalizes <br />cities and other government entities by allowing a person to file a lawsuit with no regard for the facts and no <br />exposure on their part. Attorneys accept these lawsuits, relying on getting paid by a city settling the lawsuit <br />as a purely business decision, often times receiving more money than the plaintiffs. <br />Scarce taxpayer dollars are squandered fighting frivolous lawsuits or paying settlements to avoid lengthy <br />trials and bad publicity. The passage of tort reform and a loser -pays constitutional amendment would enable <br />elected officials to govern fairly without the fear of frivolous lawsuits, while still allowing the public to file <br />suit when they have genuinely been wronged. The money saved through court costs, attorney's fees, payouts, <br />staff time, and insurance premiums would be put to better use by cities to serve their taxpayers. <br />» » » »» <br />RESOLUTIONS REFERRED TO PUBLIC SAFETY POLICY COMMITTEE <br />3. RESOLUTION RELATED TO RAISING PUBLIC AWARENESS ABOUT THE <br />IMMINENT HEALTH AND SAFETY CONCERNS FOR BULLIED CHILDREN <br />Source: Citv of Elk Grove <br />Referred To: Public Safetv Poliev Committee <br />Recommendation to General Resolutions Committee: <br />WHEREAS, cities throughout the State of California are becoming more aware of the growing trend <br />of bullying in schools and on the Internet that has become a serious nationwide problem, one with often <br />severe consequences; and <br />WHEREAS, surveys indicate that as many as half of all children are bullied at some time during <br />their school years, and at least 10 percent are bullied on a regular basis; and <br />WHEREAS, more than 25 percent of adolescents and teens have been bullied repeatedly through <br />their cell phones or the Internet and more than 80 percent of teens use a cell phone regularly, malting it the <br />most popular form of technology and a common medium for cyber bullying; and <br />WHEREAS, the social media network has vastly increased the number of users online and young <br />people are eager to participate without understanding the consequences of their behavior; and <br />10 <br />
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