HomeMy WebLinkAboutResolution 4786-06-2017 A Resolution
NO. 4786-06-2017
AUTHORIZING LAWSUITS ENTITLED
CITY OF FORT WORTH V. FERNANDO GONZALEZ AND
CITY OF FORT WORTH V. KENNETH NEALY
WHEREAS, on August 1, 2013, Fernando Gonzalez retired from the Fort Worth Fire
Department; and
WHEREAS, Through an error in calculation, Mr. Gonzalez was overpaid terminal leave
benefits by $63,719.85; and
WHEREAS, Mr. Gonzalez was contacted and asked to return the overpayment; and
WHEREAS, Mr. Gonzalez, through his attorney, refused to return the overpayment; and
WHEREAS, on August 31, 2013, Kenneth Nealy retired from the Fort Worth Fire Department;
and
WHEREAS, Through an error in calculation, Mr. Nealy was overpaid terminal leave benefits by
$28,742.04; and
WHEREAS, Mr. Nealy was contacted and asked to return the overpayment; and
WHEREAS, Mr. Nealy refused to return the overpayment; and
WHEREAS, City regulations require employees to return overpayments;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS,THAT:
SECTION 1. The City Council authorizes the filing of lawsuits against Fernando Gonzalez and
Kenneth Nealy.
Adopted this 61h day of June, 2017. 001900 00 41k,fahh
60
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 61612017 - Resolution No. 4786-06-20.17
........................, 1, -1 ,11.1,
DATE: Tuesday, June 6, 2017 REFERENCE NO.: **G-19013
LOG NAME: 12FIREFIGHTER LITIGATION
SUBJECT:
Adopt Resolution Authorizing the City's Lawsuits Against Fernando Gonzalez and Kenneth Nealy in Tarrant
County, Texas (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution authorizing the City Attorney's
office to file lawsuits against Fernando Gonzalez and Kenneth Nealy in Tarrant County, Texas.
DISCUSSION:
On August 1, 2013, Fernando Gonzalez retired from his job as a firefighter with the Fort Worth Fire
Department. On August 31, 2013, Kenneth Nealy retired from his job as a firefighter with the Fort Worth
Fire Department. Upon termination, both men were paid terminal leave benefits for the value of their
unused sick and vacation time. However, a mistake was made in calculating their benefits, which resulted
in an overpayment of terminal leave benefits to Mr. Gonzalez in the amount of$63,725.07 and an
overpayment to Mr. Nealy in the amount of$28,742.04. The overpayments were discovered during an
internal audit of the payroll system.
Both men were contacted multiple times and each was asked to return the money he was overpaid, but
both have refused to do so. The City offered both men a payment plan as a means of paying back the
overpayment but was refused. All other overpayments for similarly-situated firefighters have been
successfully resolved with payment plans.
In order to recover the overpayment, Staff recommends filing two lawsuits, one against Fernando
Gonzalez seeking the return of$63,725.07 and one against Kenneth Nealy seeking the return of
$28,742.04.
Accordingly, it is recommended that the City Council adopt the attached Resolution authorizing the filing of
the lawsuits in Tarrant County, Texas.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated,
of the Risk Financing Fund.
FUND IDENTIFIERS (FlDs):
TO
Logname: 12FIREFIGHTER LITIGATION Page 1 of 2
und Department ccoun Project ctivity Budget Reference # lAmountl
F
ID 1 ID lProgram
( YearI (Chartfield 2)
FROM
Fund Department Account Project ProgramActivity Budget Reference # Amoun
ID ID Year Chartfield 2
60111 0147120 5520114 2017 $1,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7606)
Additional Information Contact: Steve Cumbie (6799)
Logname: 12FIREFIGHTER LITIGATION Page 2 of 2