In all disputes between branches or units of city government, before any branch or
unit can institute legal proceedings, they shall have first requested and obtained
from Corporation Counsel a legal opinion which details which party's position is consistent
with the current state of the law. Corporation Counsel shall then instruct the branch
or unit whose legal position is inconsistent with the current state of the law to
retain legal assistance and representation from an outside law firm or outside attorney
if they intend to institute legal proceedings.
In cases of disputes between the branches of government, prior to filing a lawsuit
or taking other legal action, the highest public official from the disputing branches
of government shall first meet to resolve the matter. In the case of the Executive
Branch the highest public official shall be the Mayor or designee; in the case of
the Legislative Branch it shall be the Council President or designee; and in case
of the Office of the City Clerk it shall be the City Clerk or designee. The parties
shall engage in facilitation of the matter over a period of fourteen (14) business
days, or more as agreed to by the parties, before taking legal action. The facilitation
shall be conducted by a facilitator, mutually agreed to by the parties. Nothing in
this section shall preclude a branch or unit of government from seeking a temporary
restraining order, injunction or other emergency legal action based on irreparable
harm, but this section shall be complied with if the court rules that no irreparable
harm exists, in which case the facilitation period shall be twenty-eight (28) business
days from the date of the court's decision, or longer as agreed to by the parties.
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