HomeMy WebLinkAboutResolution 3734-04-2009A Resolution
NO 3734-04-2009
A RESOLUTION TO INCREASE THE AMOUNT TO BE PAID TO
KEN EAST TO REPRESENT OFFICER P.R. MCCLESKEY IN
CIVIL ACTION NO 4 08-CV 393-A
WHEREAS Tamara R. Pearlman filed suit against the City of Fort Worth and Police Officer P.R.
McCleskey m Civil Action No 4 08-CV 393 A,
WHEREAS to date, the cost of legal services by Ken East to represent Officer McCleskey in the
subject lawsuit has been to the amount of $22,388 93 and
WHEREAS the subject lawsuit is still pending and it is estimated that an additional amount of
approximately $25 000 00 beyond the current authorized cost of $25 000 00 will be
needed for the legal services necessary to bring this lawsuit to a successful conclusion,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
That the compensation authorized to be paid to Ken East for legal services m Civil Action No
4 08-CV 393 A is hereby increased from $25 000 to an amount not to exceed $50 000 00
ADOPTED this 28t" day of April, 2009
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Marty Hendrix
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APPROVED AS TO FORM AND LEGALITY
La trtia Brown ssistant Ci Attorney
City of Fort Worth, Texas
Mayor and Council Communication
.COUNCIL ACTION: Approvetl on 4/28/2009 -Res. No. 3734-04-2009
DATE Tuesday April 28 2009 REFERENCE NO *G-16547
LOG NAME 12PEARLFEE
SUBJECT
Adopt a Resolution Authorizing the Increase of $25 000 00 in the Maximum Amount to be Paid to Ken East
to Represent Officer P R. McCleskey to an Amount Not to Exceed $50 000 00 in the Lawsuit .Entitled
Tamara Pearlman v City of Fort Worth and Officer P R. McCleskey
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the maximum amount to
be paid to Ken East to represent Officer P R McCleskey in the subject .lawsuit be increased to an amount
not to exceed $50 000 00
DISCUSSION
This is a civil rights lawsuit against the City of Fort Worth and Officer P R McCleskey involving alleged
violations of the constitutional rights of Tamara Pearlman 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 Officer McCleskey should
be represented by outside counsel Accordingly it was agreed between the City Attorney and Officer
McCleskey that Ken East should be retained to represent Officer McCleskey
As a condition of his employment, Mr East has 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 the legal fees billed by Mr East to date
are $22 388 93 it is recommended that the City Council confirm the hiring of Ken East to represent Officer
McCleskey in this lawsuit, and provide that the total attorney fees to be paid to Mr East be increased to
amount not to exceed $50 000 00
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that the funds are available in the current operating
budget, as appropriated of the Risk Management Fund
Logname• 12PEARLFEE Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
FE71 534060 0137120
Karen Montgomery (6222)
David Yett (7623)
Laetitia Brown (6639)
$25,000.00
Logname: 12PEARLFEE Page 2 of 2