HomeMy WebLinkAboutResolution 3631-07-2008A Resolut><on
NO 3631-07-2008
A RESOLUTION TO INCREASE THE AMOUNT TO BE PAID TO
D LEE THOMAS TO REPRESENT SERGEANT GLENN VERRETT
IN CIVIL ACTION NO 4.07-CV-0001 Y
WHEREAS, Angelo Allums Sr and Janet Allums, individually and on behalf of Angelo Allums III, a
minor filed suit against the City of Fort Worth and Sergeant Glenn Verrett m Civil Action
No 4.07-CV-001 Y
WHEREAS, to date, the cost of legal services by D Lee Thomas to represent Sergeant Glenn Verrett
m the Subject lawsuit has been m the amount of $22,816 44 and
WHEREAS the subject lawsuit is still pending and rt is estimated that an additional amount of
approximately $25 000 beyond the current authorized cost of $25 000 will be needed for
the legal services necessary to bung 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-001 Y is hereby increased from $25 000 to an amount not to exceed $50 000
APPBQVED
CITE COUNCIL
JUL 0 8 2008
~~~~
City Secretary of the
Giey ®f Fart Worth, Texas
City of Fort Worth, Texas
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
_~
RECOMMENDATION
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"tt~e.-appxopciater~s-;n-RSk~------
Management Fund by $25 000 00 and decreasing the unaudit ,.unreserved undesignated fund balance
by the same amount. --:.,...~,~ '~--o. ~'
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
Logname 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 a 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~
Originating Department Head.
Additional Information Contact:
Joe Paniagua (6191)
David Yett (7606)
Gerald Pruitt (7616)
Logname 121NCREASEATTY
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