HomeMy WebLinkAboutResolution 4800-06-2017A Resolution
NO. 4800-06-2017
AUTHORIZING THE CITY ATTORNEY TO APPEAL THE HEARING
EXAMINER'S RULING IN CSC-09-2015 AND RATIFYING THE LAWSUIT
ENTITLED CITY OF FORT WORTH V. SHEA O'NEILL, CAUSE
NO. 348-292450-17, 348TH DISTRICT COURT, TARRANT COUNTY, TEXAS
WHEREAS, on July 23, 2015, Fort Worth Fire Chief Rudy Jackson indefinitely suspended
firefighter Shea O'Neill for violations of City of Fort Worth Firefighters' and Police Officers' Civil
Service Rules and Regulations and FWFD Regulations; and
WHEREAS, on May 24, 2017, following the appeal of his indefinite suspension to an
independent hearing examiner, O'Neill was reinstated as a Fort Worth firefighter; and
WHEREAS, the hearing examiner's ruling was improperly based, in part, on evidence not
presented by either party during O'Neill's appeal hearing; and
WHEREAS, the deadline to appeal the decision was ten days from the date the hearing
examiner issued the decision; and
WHEREAS, the City Council finds that it is in the City of Fort Worth's best interest to appeal
the hearing examiner's decision;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
The City Attorney is authorized to appeal the hearing examiner's ruling in CSC-09-2015,
associated court costs are similarly authorized, and the filing of the lawsuit styled City of Fort Worth v.
Shea O'Neill, cause number 348-292450-17, in Tarrant County, Texas, is hereby ratified.
Adopted this 20th day of June, 2017.
ATTEST:
:
Mary Kayser, �� S,�cretary
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/20/2017 - Resolution No. 4800-06 2097
DATE: Tuesday, June 20, 2017 REFERENCE NO.: **G-19028
LOG NAME: 120NEILL RATIFY LAWSUIT
SUBJECT:
Adopt Resolution Authorizing the City Attorney to Appeal the Hearing Examiner's Ruling in CSC-09-2015,
Authorizing Associated Costs, and Ratifying the City's Lawsuit Against Shea O'Neill, Cause Number 348-
292450-17, in Tarrant County, Texas (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution ratifying the lawsuit filed by the City against Shea O'Neill, entitled City of
Fort Worth v. Shea O'Neill, Cause number 348-292450-17, in Tarrant County, Texas; and
2. Authorize the payment of court costs.
DISCUSSION:
On July 23, 2015, Shea O'Neill, a Fort Worth firefighter, was indefinitely suspended for violations of Civil
Service Rules and Fire Department regulations after his arrest for assaulting an elderly man during a TCU
football scrimmage. Mr. O'Neill appealed his indefinite suspension. On May 24th, the hearing examiner,
AlmaLee Guttshall, ruled that O'Neill, should be allowed to go back on duty with back pay, minus earnings
from any job he's held since his suspension began in July 2015, and have benefits and seniority restored.
The City is appealing the decision of Ms. Guttshall pursuant to Texas Local Government Code 143.057(j)
on the grounds that: a) the hearing examiner rendered a decision procured by unlawful means by
considering evidence not presented at the hearing; and b) the hearing examiner exceeded her jurisdiction
to the extent that perceived due process violations compelled her reinstatement of O'Neill.
The lawsuit requests that the District Court void the hearing examiner's order and renderjudgment in favor
of the City by upholding the indefinite suspension.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of this M&C, funds are available in the current
operating budget, as appropriated, of the Risk Management Fund to pay filing fees and costs associated
with this action.
Logname: 120NEILL RATIFY LAWSUIT Pa�e 1 of 2
FUND IDENTIFIERS (FIDs�:
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60111 0147120 5520114
CERTIFICATIONS:
Submitted for City Manaper's Office b rL.�
Originatinq Department Head:
Additional Information Contact:
Logname: 120NEILL RATIFY LAWSUIT
itylBudget
Year
Budget
Year
2017
Reference # moun
'Chartfield 2
Reference # moun
Chartfield 2
$5.000.01
Valerie Washington (6192)
Sarah Fullenwider (7623)
Stephen Cumbie (6799)
Pa�e 2 of 2