2023 Department of Law Annual Report

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Filed in Clerk's Cffie U2 Bianca Tirade 11a U.S. v. Hansen City Clerk, South B in1, IN The City joined 31 other counties and cities in support of the 9`s Circuit's finding that U.S. Code§ 1324(a)(1)(A)(iv),which forbids"encourag[ing]or induc[ing]an alien to come to,enter, or reside in the United States, knowing or in reckless disregard of the fact that such [activity] is or will be in violation of the law" is unconstitutionally overbroad under the First Amendment because it applies to permissible speech as well as to speech that facilitates a crime. The Supreme Court disagreed and ruled that the law was not overbroad in June 2023. .l. Texas v. U.S. The City continued its support of Deferred Action for Childhood Arrivals (DACA) by joining the amicus brief of 43 local governments in the Fifth Circuit's remand of the matter to the district court to determine the legality of the newly finalized DACA rule.The new DACA rule attempted to remedy the procedural errors that the district court previously found unlawful. The District Court again found DACA illegal in February 2024 but renewals are allowable. National Litigation • Opioid Litigation The Legal Team worked with our outside co-counsel to represent the City's interests in the National Opioid Litigation. We collected $937,500 in unrestricted settlement funds from Meijer in February 2023, and $182,426.33 as the City's share of unrestricted settlement funds from the State of Indiana, as well as $523,105.97 as the City's share of restricted settlement funds from the State. • PFAS The Department of Law worked with the Department of Public Works and our outside counsel to enter into nationwide litigation surrounding PFAS (perfluorooctanic acid—PFOA, perfluorooctane sulfonic acid — PFOS, perfluorohexane sulfonic acid — PFHxS, and perfluorononanoic acid— PFNA), otherwise known as "the forever chemicals." When used, PFAS can migrate into the soil,water,and air.The City has entered into litigation surrounding PFAS emanating from Aqueous Film-Forming Foam in the City's aquifers and wells.Members of the City's Water Works division of the Department of Public Works have been testing the City's water sources and completing paperwork to prove the levels of PFAS in the City's water supply that may one day need to be remediated. We expect to receive some funds from the recent settlements with 3M and DuPont. Effective, Responsive Leadership and Communication The Department of Law provides daily in-house legal counsel to each of the Departments, Boards, and Commissions of the City of South Bend. This valuable service is provided at no hourly charge to the City and results in effective interdepartmental collaboration and joint accomplishments, driven by highly responsive and accessible legal counsel. To effectuate this cooperation, in 2023, the City's Corporation Counsel and City Attorney,as well as four Assistant City Attorneys, one Paralegal, and the Ordinance Violations Bureau Clerk attended the Jon Harrison Leadership Training. 9 P .�