HomeMy WebLinkAboutResolution 4635-06-2016 A Resolution
NO. 4635-06-2016
AUTHORIZING THE CITY ATTORNEY TO APPEAL THE HEARING EXAMINER'S
RULING IN CSC-08-2015 AND RATIFYING THE LAWSUIT FILED BY THE
CITY OF FORT WORTH AGAINST JOHN SOUTHER
WHEREAS, on July 17, 2015, Chief of Police Rhonda K. Robertson indefinitely suspended
Officer John Souther after he failed to comply with a valid order requiring him to submit a fitness-for-
duty evaluation to the Civil Service Commission; and
WHEREAS, on May 11, 2016, following the appeal of his indefinite suspension to an
independent hearing examiner, Officer Souther was conditionally reinstated; and
WHEREAS, the basis for the hearing examiner's ruling and the terms and conditions associated
with the reinstatement exceed the hearing examiner's jurisdiction; and
WHEREAS, the time to appeal the decision was ten days from the date the hearing examiner
issued his opinion.
WHEREAS, the City Council finds that it is in the City of Fort Worth's best interest to appeal
the hearing examiner's decision; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
The City Attorney is authorized to appeal the hearing examiner's ruling in CSC-08-2015,
associated court costs are similarly authorized, and the filing of the lawsuit styled City of Fort Worth v.
John Souther, Cause No. 141-285578-16, in Tarrant County, Texas, is hereby ratified.
Adopted this 14"' day of June, 2016.
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°° °a 0000By. Pary Kayser, City Seca o y
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/14/2016 -Resolution No. 4635-06-2016
DATE: Tuesday, June 14, 2016 REFERENCE NO.: **G-18756
LOG NAME: 12SOUTHER
SUBJECT:
Adopt Resolution Authorizing the City Attorney to Appeal the Hearing Examiner's Ruling in CSC-08-2015
and Ratifying the City's Lawsuit Against John Souther, Cause No. 141-285578-16 in Tarrant County, Texas
and Authorizing Payment of Court Costs (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution ratifying the lawsuit filed by the City against John Souther, entitled City of
Fort Worth v. John Souther, Cause No. 141-285578-16, in Tarrant County, Texas; and
2. Authorize the payment of court costs.
DISCUSSION:
This is an appeal from the decision of a hearing examiner in a civil service appeal, which the City has
brought pursuant to Texas Local Government Code § 143.0570), on the grounds that the hearing
examiner exceeded his jurisdiction in CSC-08-2015, the Appeal of Officer J. Souther's Indefinite
Suspension. On July 17, 2015, J. Souther was indefinitely suspended for insubordination after he failed to
comply with a valid order from the Chief of Police to submit a fitness-for-duty report to the Civil Service
Commission. He appealed his indefinite suspension before a hearing examiner who conditionally
reinstated J. Souther.
The hearing examiner's basis for the reinstatement and the terms and conditions associated with the
reinstatement exceed the hearing examiner's jurisdiction. This lawsuit requests that the district court void
the hearing examiner's order and render judgment in favor of the City by upholding the indefinite
suspension.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of this M&C, funds are available in the current
operating budget, as appropriated, of the Risk Management Fund to pay filing fees and costs associated
with this action.
FUND IDENTIFIERS (FIDs):
TO
Logname: 12SOUTHER Page 1 of 2
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccount Project Program Activity Budget Reference # Amoun
ID ID Year Chartfield 2
11)601111 0147120 1 5520114 2016 $5,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Valerie Washington (6192)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Kelly Madrid (2316)
Logname: 12SOUTHER Page 2 of 2