HomeMy WebLinkAboutResolution 2767
A Resolution
NO f~~
WHEREAS, Luis Hernandez filed suit, Civil Action No 4 99-CV-0318-Y m the United States
District Court against the City of Fort Worth and five other police officers,
WHEREAS because of the extraordinary importance of this case, and because the City seeks
to avoid any conflicts of interest that might result from the City's attorneys having
previously represented an individual defendant, rt is necessary to retain outside
legal counsel to represent the City m this case; and
WHEREAS, Jay Rutherford possesses the required knowledge and expertise m civil litigation
and has agreed to represent the City
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
That Jay Rutherford, pursuant to Section 3 Chapter VI of the City Charter is employed to
represent the City of Fort Worth m the claim and to advise the City Attorney m matters relating thereto
2.
That, as far as practicable, the compensation to be paid to Jay Rutherford for his services is
hereby fixed in an amount not to exceed $75 000
ADOPTED this oZ/ ~ day of , 2001
A~PRQUNClL
CITY C
AUG 21 2001
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City 5~cretary of the
City of Fort'a~loYth, Terse
~ ~
City of Fort Worth, Texas
M~yoe and Council CammunicAtion
DATE
8/21/01 REFERENCE NUMBER
**G-13342 LOG NAME
12DEFEND PAGE
1 of 1
SUBJECT EMPLOYMENT OF OUTSIDE COUNSEL TO DEFEND THE CITY IN THE LAWSUIT OF
LU{S HERNANDEZ ET AL V CITY OF FORT WORTH ET AL, CIVIL ACTION NO 4~99-
CV-0318-Y
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Manager to retain Jay Rutherford as outside counsel pursuant to Chapter VI
Section 3 of the City Charter to assist the City Attorney in representing and defending the City in
Civil Action No 4 99-CV-0318-Y and
2 Adopt the attached resolution fixing in advance as far as practicable the amount to be paid to Jay
Rutherford in an amount not to exceed $75 000
DISCUSSION..
This is a civil rights suit against the City of Fort Worth and five police officers involving alleged illegal
search and seizure excessive force and deprivation of liberty and life along with other alleged
wrongdoings on behalf of each of the five police officers. The Plaintiff alleges the City is liable for each
of the officer's individual actions
City Attorneys Richard E Henderson and Karen Anderson have previously represented the City in this
cause of action Richard E Henderson has retired and Karen Anderson has been transferred to the
Police Department as legal liaison Gerald Pruitt, prior to employment with the City represented Officer
Stefanos, one of the five officers involved with the case Officer Stefanos objects to Mr Pruitt's
representation of the City therefore the employment of Mr Rutherford is necessary to resolve this
conflict.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current operating budget, as appropriated
of the Insurance Fund
CB n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by• (to)
Charles Boswell 8511
Originating Department Head:
David Yett 7606 (from) APPROVED 8/21/01
FE71 534060 0157120 $75 000 00 RES. # 2767
Additional Information Contact:
David Yett 7606