RESOLUTION No. 36234

Authorize City Attorney to appear amicus curiae in the case of State of Oregon v. Richard Michael Connally, to inform the Oregon Supreme Court of the City’s interpretation of Portland City Code sections 14C.10.030 and 14C.10.040. (Resolution.)

WHEREAS,  Portland City Code sections 14C.10.030 and 14C.10.040 define the responsibilities of the Portland Police Bureau with respect to inventorying property in the possession of persons to be taken into custody and within motor vehicles to be impounded; and

WHEREAS,  The applicability of these sections has been challenged in the Oregon Supreme Court in State of Oregon v. Richard Michael Connally, Oregon Supreme Court No. S50999 ; and

WHEREAS,  The City of Portland is not a party to that case; and

WHEREAS,  The Attorney General has inquired whether the City has an interest in appearing as amicus curiae to express the City’s views as to the proper interpretation and application of its inventory regulations; and

WHEREAS,  The City Attorney has advised that it is in the City’s interest to so appear;

NOW, THEREFORE, BE IT RESOLVED that the City Attorney or her designee is authorized to file a memorandum as amicus curiae in State of Oregon v. Richard Michael Connally, Oregon Supreme Court No. S50999, and to pursue the proper interpretation and application of Portland City Code sections 14C.10.030 and 14C.10.040 to their conclusion in any higher court, and, in furtherance or resolution of such defense, is authorized to make any stipulation, agreement or admission as in the judgment of the City Attorney may be in the best interest of the City.

Mayor Vera Katz

Harry Auerbach/jlt

July 15, 2004

BACKING SHEET INFORMATION

AGENDA NO. 843-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36234