HomeMy WebLinkAboutOrdinance 18228-08-2008Ordinance No. 18228-08-2008
AN ORDINANCE INCREASING APPROPRIATIONS IN THE RISK
MANAGEMENT FUND IN THE AMOUNT OF $32,000.00 AND DECREASING
THE UNRESERVED, UNDESIGNATED FUND. BALANCE BY THE SAME
AMOUNT, FOR THE PURPOSE OF FUNDING THE SET'T'LEMENT OF THE
LAWSUIT ENTITLED MUHAMMAD RAFIQUE V. CITY OF FORT WORTH, CIVIL
ACTION NO. 4:06-CV-00645-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 $32,000.00 and decreasing the unreserved, undesignated fund
balance by the same amount, for the purpose of funding the settlement of lawsuit entitled
Muhammad Rafique v. City of Fort Worth, Civil Action No. 4:06-CV-00645-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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 O AND LEGALITY:
ssista City Attorney
ADOPTED AND EFFECTIVE: August 26, 2008
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IVlayor and Council Corrirnunication
COUNCIL ACTION: Approved on 8/26/2008 -Ord. No. 18228-08-2008
DATE: Tuesday, August 26, 2008
LOG NAME: 12RAFIOUESTLMT REFERENCE NO.: **G-16248
SUBJECT:
Approve Settlement of Lawsuit Entitled Muhammad Rafique v. City of Fort Worth, Civil Action No.
4:06-CV-00645-Y and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Risk
Management Fund by $32,000.00 and decreasing the unreserved, undesignated fund balance by the same
amount; and
2. Authorize the payment of $32,000.00 to Muhammad Rafique with the check made payable to
Muhammad Rafique and Michael Linz for the settlement of the lawsuit Muhammad Rafique v. City of Fort
Worth, Civil Action No. 4:06-CV-00645-Y.
DISCUSSION:
Muhammad Rafique is a former environmental specialist in the Environmental Management Department for
the City of Fort Worth. He alleges that the City discriminated against him under federal discrimination laws
because of his religion and national origin, Pakistani Muslim. His employment was terminated because he
failed to carry out a mobile collection unit event at the City of Westworth Village City Hall on May 21,
2005. He failed to locate the proper location of the event, and, instead, collected waste on private property
at a convenience store parking lot, while household waste was left on the ground at Westworth Village City
Hall.
Mr. Rafique filed a lawsuit against the City in federal court on September 9, 2006, Civil Action No. 4:06-CV-
00645-Y under the Civil Rights Act of 1964, 42 U.S.C. §§ 20003-5 et seq. ("Title VII"), and deprivation of
federal statutory and constitutional rights under 29 U.S.C. § 1983 ("Section 1983"), and complained that he
was fired because of his religion and national origin, Pakistani Muslim. He also alleged that he was
subjected to discrimination in various ways during his employment with the City, including being required to
shave his beard, and being denied time off for prayers. Mr. Rafique also sued his former supervisor Rex
Johnson, but Mr. Johnson was dismissed from the lawsuit with prejudice before this settlement was
reached. The City expressly denies all of Mr. Rafique's allegations and further asserts that all of its
decisions regarding Mr. Rafique were motivated by legitimate business reasons.
Mr. Rafique and the City desire to compromise, settle, and discharge Mr. Rafique's claims asserted in the
lawsuit and the things complained of therein and in any way arising out of his employment with the City, in
order to avoid the expense and uncertainty of litigation and to buy their peace.
The City and Mr. Rafique have reached an agreement for the purpose of settling the claim that arose out of
his claims that the City terminated him from his position unlawfully.
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While the City denies liability in this lawsuit, the City and Mr. Rafique have reached a compromised
settlement, subject to City Council approval, in which the City will pay $32,000.00 to Mr. Rafique. He will
receive a check made payable to him and his attorney, Michael Linz, to settle the lawsuit and all claims
against the City. In return for this payment, Mr. Rafique has agreed to dismiss his claims with
prejudice. Additionally, he has agreed not to seek employment with the City in the future.
Approval of this settlement should not be construed as an admission of liability by the City or its officers,
agents, and employees. In fact, any such liability in this matter is specifically denied. This settlement is
entered into only to avoid further time-consuming and costly litigation.
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 unaudited, unreserved, undesignated
fund balance of the Risk Management Fund will be $7,896,464.00, 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/AccountlCenters
FE71 534050 0137120 X32,000.00
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating Department Head: David Yett (7623)
Additional Information Contact: Elizabeth Dierdorf (7605)
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