HomeMy WebLinkAboutOrdinance 18152-07-2008Ordinance No. 18152-07-2008
AN ORDINANCE INCREASING APPROPRIATIONS IN THE RISK
MANAGEMENT FUND IN THE AMOUNT OF $25,000 AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE
SAME AMOUNT, FOR THE PURPOSE OF FUNDING THE AUTHORIZATION TO
INCREASE THE MAXIMUM AMOUNT TO BE PAID TO D. LEE THOMAS TO
REPRESENT SERGEANT GLENN VERREI-I' IN THE LAWSUIT ENTITLED
ANGELO ALLUMS SR AND JANET ALLUMS, INDIVIDUALLY, AND ON BEHALF
OF MINOR ANGELO ALLUMS III VS CITY OF FORT WORTH ET AL, NO. 4:07-
CV-001-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 $25,000 and decreasing the unaudited, unreserved,
undesignated fund balance by the same amount, for the purpose of funding the authorization to
increase the maximum amount to be paid to D. Lee Thomas to represent Sergeant Glenn Verrett in
the lawsuit entitled Angelo Allums Sr. and Janet Allums, individually, and on behalf of minor Angelo
Allums III vs. City of Fort Worth et al, No. 4:07-CV-001-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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 AS TO FOR AND LEGALITY:
s stant ity Attorney
ADOPTED AND EFFECTIVE: July 8, 2008
Ca#~o of Ford V1/orth, T`exa~
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/8/2008 -Res. No. 3631-07-2008 & Ord. No. 18152-07-2008
DATE: Tuesday, July 08, 2008
LOG NAME: 121NCREASEATTY REFERENCE NO.: ~'*G-16184
SUBJECT:
Adopt Resolution Authorizing the Increase in the Maximum Amount to be Paid to D. Lee Thomas to
Represent Sergeant Glenn Verrett, in an Amount Not to Exceed $50,000.00, in the Lawsuit Entitled
Angelo Allums, Sr., and Janet Allums, Individually and on Behalf of Minor Angelo Allums, III, vs. City
of Fort Worth, et al, No. 4:07-CV-001-Y, and Adopt Supplemental Appropriation Ordinance
REGOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing the maximum amount to be paid to D. Lee Thomas to represent
Sergeant Glenn Verrett in the subject lawsuit be increased to $50,000.00; and
2. Adopt the attached supplemental appropriation ordinance increasing the appropriations in Risk
Management Fund by $25,000.00 and decreasing the unaudited, unreserved, undesignated fund balance
by the same amount.
DISCUSSION:
This is a civil rights lawsuit against the City of Fort Worth and Sergeant Glenn Verrett, involving alleged
violations of the constitutional rights of Angelo Allums, Jr., who died while in custody at the Fort Worth
jail. Pursuant to Section 180.002 of the Texas Local Government Code, the City is required to provide legal
representation to its police officers without cost, if requested by the officer, and if the suit involves an official
act of the officer within the scope of the officer's authority. Section 180.002 further provides that the City
may employ outside counsel to represent its police officers. The City Attorney's Office reviewed the suit and
determined that Sergeant Verrett should be represented by outside counsel. Accordingly, it was agreed
between the City Attorney and Sergeant Verrett that D. Lee Thomas should be retained to represent
Sergeant Verrett.
As a condition of his employment, Mr. Thomas had agreed that his legal fees in this matter would not
exceed $25,000.00 without City Council approval.
Because of the on-going nature of this litigation, and the fact that legal fees billed by Mr. Thomas to date
are $22,816.44, it is recommended that the City Council confirm the hiring of D. Lee Thomas to represent
Sergeant Verrett in this lawsuit, and provide that the total attorney fees to be paid to Mr. Thomas be
increased to an amount not to exceed $50,000.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that 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 Fund. Upon approval, the projected unaudited, unreserved,
Lognarne: 12INCREASEATTY Page 1 of 2
undesignated fund balance of the Risk Management Fund will be $6,078,998.00 which is the amount
available above the minimum reserve fund balance of $1,368,049.00 required 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 534060 0137120 $50.000.00
Submitted for City Manager's Office b~ Joe Paniagua (6191)
Or~inating Department Head: David Yett (7606)
Additional Information Contact: Gerald Pruitt (7616)
Logname: 12TNCREASEATTY Page 2 of 2