HomeMy WebLinkAboutOrdinance 18047-04-2008Ordinance No. 18047-04-2008
AN ORDINANCE INCREASING APPROPRIATIONS IN THE R{SK
MANAGEMENT FUND IN THE AMOUNT OF $400,000 AND DECREASING THE
UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT,
FOR THE PURPOSE OF FUNDING THE SETTLEMENT OF LAWSUIT
ENTITLED JOHNNY LEE CUMMINGS V. CITY OF FORT WORTH, TEXAS,
CAUSE NUMBER 4:05-CV-698-Y; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2007-
2008 in the Budget of the City Manager, there shall also be increased appropriations in the Risk
Management Fund in the amount of $400,000 and decreasing the unreserved, undesignated fund
balance by the same amount, for the purpose of funding the settlement of lawsuit entitled Johnny
Lee Cummings v. City of Fort Worth, Texas, Cause Number 4:05-CV-698-Y.
SECTION 2.
That should any portion, section or part ~of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED TO~F~I,RM D LEGALITY:
~~
Assists ity Attorney
ADOPTED AND EFFECTIVE: April 8, 2008
City ®f F®r~ ~/®r#~h, 1"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/8/2008 -Ord. No. # 18047-04-2008
DATE: Tuesday, April 08, 2008
LOG NAME: 12CUMMINGS REFERENCE NO.: G-16102
SUBJECT:
Authorize Settlement of the Claim of Johnny Lee Cummings in the Lawsuit Johnny Lee Cummings
v. City of Fort Worth, in the Unified States District Court for the Northern District of Texas Fort Worth
Division, Civil Action No. 4:05-CV-698-Y and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Risk
Management Fund by $400,000.00 and decreasing the unreserved, undesignated fund balance by the
same amount; and
2. Authorize the payment of $400,000.00 to Johnny Lee Cummings with the check made payable to Johnny
Lee Cummings and the Law Offices of Art Brender for the settlement of the lawsuit Johnny Lee Cummings
v. City of Fort Worth, Civil Action No. 4:05-CV-698-Y.
DISCUSSION:
Johnny Cummings is a former police sergeant for the City of Fort Worth. Because of on-the-job injuries, he
was unable to perform some of the more physically demanding duties of patrol officer. After he performed
light duty work for the Police Department for a time, he took disability retirement in 1993 because according
to his doctor, he was totally incapacitated for life. He alleges that, after he recuperated from his injuries in
1999, he asked the late Police Chief Thomas Windham to reinstate him as police sergeant, but Chief
Windham refused because he thought Cummings was still disabled. Cummings also alleges that the City
wrongfully refused to hire him for other positions with the City and terminated him from a part time position.
Cummings filed a lawsuit against the City in federal court on November 3, 2005, Civil Action No. 4:05 CV
00698 Y, under the Americans with Disabilities Act, 42 U.S.C. §§ 12102 and 12111, and complained that
the City discriminated against him based on a perceived disability by not reinstating him as a police
sergeant. He also asserted that the City regarded him as disabled and retaliated against him by not hiring
him for other positions and by firing him from a part-fiime position after he complained about
discrimination. The City expressly denies all of Curnmings's allegations and further asserts that all of its
decisions regarding Cummings were motivated by legitimate business reasons.
Cummings and the City desire to compromise, settle, and discharge Cummings's claims asserted in the
lawsuit and the things complained of therein and in any way arising out of his employment with the City, in
order to avoid the expense and uncertainty of litigation and to buy their peace.
The City and Cummings have reached an agreement for the purpose of settling the claim that arose out of
his claims that the City terminated him from one position and refused to hire him for other positions.
While the City denies liability in this lawsuit, the City and Cummings have reached a compromised
Logname: 12CUMMINGS Page 1 of 2
settlement, subject to City Council approval, in which the City will pay $400,000.00 to Cummings. He will
receive a check made payable to him and the Law Offices of Art Brender to settle the lawsuit and all claims
against the City.
Cummings's lawsuit was originally a joint lawsuit with five other plaintiffs and intervener/plaintiffs. The City
settled with the other parties. This settlement with Cummings concludes the litigation.
Approval of this settlement should not be construed as an admission of liability by the City or its officers,
agents, and employees. In fact, any such liability in this matter is specifically denied. This settlement is
entered into only to avoid further time-consuming and costly litigation.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies upon approval of the above recommendations and adoption of the attached
supplemental appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Risk Management Insurance Fund. Upon approval, the unaudited, unreserved,
undesignated fund balance of the Risk Management Insurance Fund will be $6,103,998 above the minimum
reserve fund balance of $1,368,049 require by the City's Financial Management Policy Statements (i.e., 25
percent of the current-year adopted budget expenditures).
TO Fund/Account/Centers
FROM Fund/Account/Centers
FE71 534050 0137120 $400,000.00
Submitted for City Manager's Office bk Joe Paniagua (6191)
Originating Department Head: David Yett (7623)
Additional Information Contact: Elizabeth Dierdorf (7505)
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