TO: AC Transit Board of Directors
FROM: Aimee L. Steele, General Counsel/Chief Legal Officer
SUBJECT: Board Policy 607: Statute of Limitations
ACTION ITEM
AGENDA PLANNING REQUEST: ☐
RECOMMENDED ACTION(S):
Title
Consider approving Board Policy 607 - Statute of Limitations with no recommended amendments.
Staff Contact:
Aimee L. Steele, General Counsel/Chief Legal Officer
Body
STRATEGIC IMPORTANCE:
There is no strategic importance associated with this report.
BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
Board Policy No. 607, previously Board Policy 112, was adopted as Resolution No. 604 on February 20, 1985, and was amended on April 26, 2017. The 2017 amendment repealed Resolution No. 604, renumbered the policy to Board Policy 607, and added language to ensure compliance with the applicable statutes - California Code of Civil Procedure (CCP sections 1094.5 and 1094.6).
This Policy sets forth the statute of limitations (90 days) for seeking judicial review via petition for Writ of Mandate for decisions made by the District, or any of its board members, board officers, or employees, that resulted in any of the following:
• suspension, demotion, or dismissal of a Board officer or employee;
• revocation or denial of an application for entitlement;
• imposition of a civil or administrative penalty, fine, charge or cost; or
• denial of an application for any retirement benefit or allowance.
The current language of Board Policy 607 complies with the language of CCP sections 1094.5 and 1094.6.
ADVANTAGES/DISADVANTAGES:
The advantage of approving Board Policy 607 without changes is to ensure the District maintains a policy consistent with California Code of Civil Procedure sections 1094.5 and 1094.6.
ALTERNATIVES ANALYSIS:
No alternatives were considered by staff.
PRIOR RELEVANT BOARD ACTION/POLICIES:
Board Policy 112
Resolution No. 604
Staff Report 17.090
Resolution No. 17-016
ATTACHMENTS:
1. Board Policy 607
Prepared by:
Aimee L. Steele, General Counsel
Approved/Reviewed by:
Linda A. Nemeroff, Board Administrative Officer/District Secretary
Salvador Llamas, General Manager/Chief Executive Officer