HomeMy WebLinkAboutResolution 3808-11-2009A Resolution
NO 3808-11 2009
TO INCREASE THE AMOUNT TO BE PAID TO D LEE THOMAS
TO REPRESENT FORMER POLICE OFFICER C.W MILLS IN
CIVIL ACTION NO 4 07-CV-497 Y
WHEREAS James Clinton Neal filed Burt against the City of Fort Worth, Police Officer W.P
Menzies, and former police officer C W Mills, m Civil Action No 4 07-CV-497 Y and
WHEREAS to date, the cost of legal services by D Lee Thomas to represent Mr Mills in the
subject lawsuit has been in the amount of $21,268 50• 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 D Lee Thomas for legal services m Civil Action
No 4 07-CV-497 Y is hereby increased from $25 000 00 to an amount not to exceed $50 000 00
of November, 2009
APPPOV~D
CITY COUNCIL.
NOV 0 ~ 2009
APPRO
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,AS TO FORIVI'AND LEGALITY
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Brown; distant City
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City Secretary of the
City of Fort Worth, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: ;Approved on 11/3/2009 -Res. No. 3808-11-2009
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DATE Tuesday November 03 2009 REFERENCE NO *G-16750
LOG NAME 12NEALATTYFEE
SUBJECT
Adopt a Resolution Authorizing the Increase of $25 000 00 in the Maximum Amount to be Paid to D Lee
Thomas to Represent Former Police Officer C W Mills for an Amount Not to Exceed $50 000 00 in the
Lawsuit Entitled James Clinton Neal vs City of Fort Worth and Police Officers W P Menzies and C W Mills
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution resolution authorizing the maximum
amount to be paid to D Lee Thomas to represent former police officer C W Mills in the lawsuit entitled
James Clinton Neal vs City of Fort Worth and Police Officers W P Menzies and C W Mills lawsuit to be
increased by $25 000 00 to an amount not to exceed $50 000 00
DISCUSSION
This is a civil rights lawsuit against the City of Fort Worth and police officers involving alleged violations of
the constitutional rights of James Clinton Neal Mr C W .Mills (Mr Mills) was a police officer with the City
of Fort Worth on the date of the incident. 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.
Since the incident occurred during Mr Mills tenure as a police officer and because the conduct
complained of occurred while Mr Mills was on duty as a police officer the City Attorney's Office
determined that Section 180 002 applied to Mr Mills and that the City should provide him legal
representation The City Attorney's Office reviewed the suit and determined that Mr Mills should be
represented by outside counsel Accordingly it was agreed between the City Attorney and Mr Mills that D
Lee Thomas (Mr Thomas) should be retained to represent Mr Mills
As a condition of his employment, Mr Thomas agreed that his legal fees in this matter would not exceed
$25 000 00 without City Council approval
Because of the ongoing nature of this litigation and the fact the legal fees billed by Mr Thomas to date are
$21,268 50 it is recommended that the City Council confirm the hiring of Mr Thomas to represent Mr
Mills 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 Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated of the Risk Management Fund
Logname. 12NEALATTYFEE Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv.
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
FE71 534060 0137120
Tom Higgins (6192)
David Yett (7623)
Laetitia Brown (6639)
$25,000.00
Logname: 12NEALATTYFEE Page 2 of 2