HomeMy WebLinkAboutResolution 3682-12-2008A Resolution
NO 3682-12-2008
A RESOLUTION TO INCREASE THE AMOUNT TO BE PAID TO
KEN EAST TO REPRESENT OFFICER W.P MENZIES IN
CIVIL ACTION NO 4 07-CV-497 Y
WHEREAS James Clinton Neal filed suit against the City of Fort Worth and Police Officers W.P
Menzies, C W Mills, and G W Hull m Civil Action No 4 07-CV-497 Y and
WHEREAS, to date, the cost of legal services by Ken East to represent Officer Menzies in the subject
lawsuit has been in the amount of $21 255.20• and
WHEREAS the subject lawsuit 15 still pending and it is estimated that an additional amount of
approximately $25 000 00 beyond the current authorized cost of $25 000 will be needed
for the legal services necessary to bung this lawsuit to a successful conclusion, and
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
V-497 Yris hereby increased from $25 000 00 to an amount not to exceed $50 000 00
day of December 2008
APPROVEiJ
CITY COUNCIL
DEC 0 2 2008
r
Lae ha Bro n sistant City torney
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City Secretary of the
City of Fort Worth, Texas
Q"T"Y ~" ~'#~~~" '"~`'~'
APPROVED AS TO FORM AND LEGALITY
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION Approved on 12/2/2008 Res. No 3682 12 2008
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DATE Tuesday December 02 2008
LOG NAME 12ATTYFEE REFERENCE NO **G-16364
SUBJECT
Adopt Resolution Authorizing the Increase of $25 000 00 in the Maximum Amount to be Paid to Ken
East to Represent Officer W P Menzies in an Amount Not to Exceed $50 000 00 in the Lawsuit
Entitled James Clinton Neal vs. City of Fort Worth Police Officers W P Menzies C W Mills and
G W Hull
RECOMMENDAT{ON
It is recommended that the City Council authorize the City Manager to adopt the attached resolution
authorizing the maximum amount to be paid to Ken East to represent Officer W P Menzies in the subject
lawsuit in an amount not to exceed $50 000 00
DISCUSSION
This is a civil rights lawsuit against the City of Fort Worth and three police officers involving alleged
violations of the constitutional rights of James Clinton Neal 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 Menzies should be
represented by outside counsel Accordingly it was agreed between the City Attorney and Officer Menzies
that Ken East should be retained to represent Officer Menzies
As a condition of his employment, Mr East 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 the legal fees billed by Mr East to date
are $21 355.20 it is recommended that the City Council confirm the hiring of Mr East to represent Officer
Menzies in this lawsuit, and provide that the total attorney fees to be paid to Mr East 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• 12ATTYFEE Page 1 of 2
TO Fund/Account/Centers
FROM Fund/Account/Centers
FE71 534060 0137120 $25,000.00
Submitted for City Manager's Office bv: Joe Paniagua (6191)
Originating Department Head David Yett (7623)
Additional Information Contact: Laetitia Brown (6639)
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Logname: 12ATTYFEE Page 2 of 2