HomeMy WebLinkAboutResolution 4702-12-2016 A Resolution
NO. 4702-12-2016
AUTHORIZING EMPLOYMENT OF BRANDI PREJEAN OF THE
LAW OFFICES OF THORNTON, BIECHLIN, SEGRATO,
REYNOLDS & GUERRA, L.C., AS OUTSIDE LEGAL COUNSEL
TO ASSIST THE CITY ATTORNEY'S OFFICE IN ADVISING
THE HUMAN RESOURCES DEPARTMENT AND
REPRESENTING THE CITY IN CERTAIN WORKERS
COMPENSATION CLAIMS, AND AUTHORIZING PAYMENT OF
COUNSEL FEES IN AN AMOUNT NOT TO EXCEED $45,000.00
PER FISCAL YEAR
WHEREAS, the City of Fort Worth is self-funded for workers compensation with a third party
administrator processing claims and Assistant City Attorneys generally handling legal disputes; and
WHEREAS, the assistance of an outside attorney specializing in workers compensation law is
required in those claims involving more specialized areas of workers compensation law and those
where members of the City Attorney's Office are disqualified as a result of a conflict of interest; and
WHEREAS, specific needs arise periodically each year where such outside assistance is
required to protect the City's interest regarding its workers compensation program; and
WHEREAS, Brandi Prejean has special competency in the area of workers compensation
claims, and has agreed to assist the City with these issues.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
1. The City is authorized to retain Brandi Prejean of the Law Offices of
Thornton, Biechlin, Segrato, Reynolds & Guerra L.C., as outside counsel under
Chapter VI, Section 3 of the City Charter, for legal services related to certain workers
compensation claims; and
2. The City is authorized to pay counsel fees to Brandi Prejean of the Law
Offices of Thornton, Biechlin, Segrato, Reynolds & Guerra L.C., in an amount not to
exceed $45,000.00 per fiscal year, with costs to be billed to individual claims files as
allocated loss adjustment expenses in accordance with Texas law.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1216/2016 - Resolution No. 4702-12-2016
DATE: Tuesday, December 6, 2016 REFERENCE NO.: **G-18886
LOG NAME: 1212WORKERS COMP OUTSIDE ATTORNEY
SUBJECT:
Adopt Resolution Authorizing Employment of Brandi Prejean as Outside Counsel for Legal Services
Related to Certain Workers Compensation Claims and Authorizing Payment of Counsel Fees in an Amount
Not to Exceed $45,000.00 Per Fiscal Year (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council
1. Adopt the attached resolution authorizing the employment of Brandi Prejean of the Law Offices of
Thornton, Biechlin, Segrato, Reynolds & Guerra L.C., as outside counsel, in accordance with Chapter VI,
Section 3 of the City Charter for legal services related to certain workers compensation claims; and
2. Authorize payment of counsel fees in an amount not to exceed $45,000.00 per fiscal year.
DISCUSSION:
The Human Resources Department and the City Attorney's Office have requested that the City retain
Brandi Prejean of the Law Offices of Thornton, Biechlin, Segrato, Reynolds & Guerra L.C., for legal
services related to certain workers compensation claims. Ms. Prejean has extensive experience
representing municipalities in workers compensation claims.
The City of Fort Worth is self-funded for workers compensation with its claims being processed by a third
party administrator. Three attorneys in the Fort Worth City Attorney's Office are assigned to represent the
City in legal disputes regarding the eligibility or amount of claims and they handle the majority of all such
cases.
A relatively small number of workers compensation claims require more highly specialized knowledge in
less-common areas of the law or involve a conflict of interest where the assistance of an outside attorney
is preferred or required.
Ms. Prejean has extensive experience in the field of workers compensation law, having worked in the area
more than 10 years. She has previously provided the City with similar representation and both the Human
Resources Department and the City Attorney's Office have been satisfied with her services.
Under the laws and regulations governing workers compensation claims in Texas, attorneys' fees are
charged against the individual claim files as allocated loss adjustment expenses. If Ms. Prejean is
engaged to provide services, her bills will be processed by the City's third party administrator for workers
compensation claims and will be paid for out of the Risk Management Fund.
FISCAL INFORMATION / CERTIFICATION:
ne Uirector of Finance certities that tunds are available in the current operating buaget, as appropriated,
Logname: 1212WORK-ERS COMP OUTSIDE ATTORNEY Page I of 2
of the Risk Financing Fund. The Fiscal Year 2017 Budget includes appropriations in the amount of
$20,075,590.00 for all workers compensation claims costs, including all allocated loss adjustment
expenses and legal services. As of October 24, 2016, the Fund has year-to-date expenses totaling
$240,688.48; upon approval of the recommendation, remaining funds will be $19,789,901.52.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
I 1A ID Year Chartfield 2
FROM
Fund Department Accoun Project Program ctivity Budget Reference # Amount
ID ID Year ChartfieId 2
60111 0147310 5520211 1 1 1 2016 1 $45,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7606)
Gerald Pruitt (7616)
Additional Information Contact: Will Trevino (2758)
Logname: 1212WORKERS COMP OUTSIDE ATTORNEY Page 2 of 2