HomeMy WebLinkAboutResolution 4759-03-2017 A Resolution
NO. 4759-03-2017
RATIFYING THE EMPLOYMENT OF THE LAW FIRM OF TAYLOR, OLSON,
ADKINS, STRALLA, ELAM, L.L.P., AS OUTSIDE LEGAL COUNSEL TO
PROVIDE LEGAL REPRESENTATION TO THE FORT WORTH
FIREFIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION
REGARDING A REQUEST FOR AN INVESTIGATION FILED BY POLICE
OFFICER WILLIAM MARTIN PURSUANT TO CHAPTER 143 OF THE TEXAS
LOCAL GOVERNMENT CODE, AND AUTHORIZING PAYMENT IN AN
AMOUNT NOT TO EXCEED $20,000.00
WHEREAS, on January 26, 2017, Police Officer William Martin filed a request that the Fort
Worth Firefighters' and Police Officers' Civil Service Commission (hereinafter "Commission") conduct
an investigation pursuant to their authority under Chapter 143 of the Texas Local Government to
determine whether a City employee released confidential documents and records in violation of state
law; and
WHEREAS, the attorneys in the City Attorney's Office who practice civil service law should
not counsel the Commission because they previously advised the Police Department regarding Officer
Martin's disciplinary suspension and had access to the documents and material that are in question;
WHEREAS, due to the complexities of civil service law, the rarity of Commission
investigations, the lack of experience of the sitting Commissioners in conducting investigations, and the
lack of procedure in conducting investigations it is necessary for the Commission to be provided legal
counsel in considering Officer Martin's request; and
WHEREAS, the law firm of Taylor, Olson, Adkins, Sralla, Elam, L.L.P., possesses the required
knowledge and expertise in civil service law; and
WHEREAS, the Commission scheduled a meeting to consider William Martin's request on
January 31, 2017, before the Council had an opportunity to authorize the hiring of an outside attorney;
and
WHEREAS, the law firm of Taylor, Olson, Adkins, Sralla, Elam, L.L.P. represented the City at
said Commission hearing on January 31, 2017, with authorization from the City Attorney's Office; and
WHEREAS, it is reasonably anticipated that this matter has not reached a final disposition and
might be brought before the Commission again in the future; and
ORT WORT
WHEREAS, the Commission scheduled a meeting to consider the request for investigation only
five days after the request was submitted; and
WHEREAS, because the Commission meeting was held so soon, the City Attorney was unable
to obtain Council approval to retain the law firm prior to this meeting and proceeded to arrange for
independent, outside counsel for the Commission on January 31, 2017;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
1. The City ratifies the employment of the law firm of Taylor, Olson, Adkins, Sralla,
Elam, L.L.P. as outside counsel under Chapter VI, § 3 of the City Charter, for legal
services related to his advising the Fort Worth Firefighters' and Police Officers' Civil
Service Commission regarding a request by Police Officer William Martin to conduct
an investigation pursuant to Chapter 143 of the Texas Local Government Code; and
2. The City is authorized to compensate the law firm of Taylor, Olson, Adkins, Sralla,
Elam, L.L.P., in an amount not to exceed $20,000.00.
Adopted this 7"' day of March, 2017.
,�. IF
pA91
� o 00000
ATTEST: .0 �}
Piot
By. a Q
ary J. 1f er, Cf y Secretary �¢'f 00„09 9�00o
ORT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/7/2017 - Resolution No. 4759-03-2017
DATE: Tuesday, March 7, 2017 REFERENCE NO.: G-18963
LOG NAME: 12CSC OUTSIDE COUNSEL 02-2017
SUBJECT:
Adopt Resolution Ratifying the City Attorney's Retention of the Law Firm of Taylor, Olson, Adkins, Sralla,
Elam, L.L.P., as Outside Legal Counsel, Pursuant to Chapter VI, Section 3 of the City Charter, to Provide
Legal Representation to the Fort Worth Firefighters' and Police Officers' Civil Service Commission in a
Request for Investigation Brought by Police Officer William Martin (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the City Attorney's retention of the law firm of Taylor, Olson, Adkins, Sralla, Elam, L.L.P., as
outside legal counsel, pursuant to Chapter VI, Section 3 of the City Charter, to provide legal
representation to the Fort Worth Firefighters' and Police Officers' Civil Service Commission in a request for
investigation brought by Police Officer William Martin; and
2. Adopt the attached resolution designating in advance, as far as practicable, that the amount to be paid
to Taylor, Olson, Adkins, Sralla, Elam, L.L.P., will not exceed $20,000.00.
DISCUSSION:
On January 26, 2017, Police Officer William Martin, who was recently issued a 10-day disciplinary
suspension, filed a request that the Fort Worth Firefighters' and Police Officers' Civil Service Commission
(hereinafter"Commission") conduct an investigation to determine whether a City employee released
confidential documents and records, including personnel documents and body cam video that were
protected from release by state law. A local attorney, Lee Merritt, posted on the internet Officer Martin's
body cam video as well as documents that were part of Officer Martin's confidential Police Department
personnel file. Mr. Merritt did not reveal the name of the person who provided the documents and the
video to him. Officer Martin requested that the Commission investigate to determine who provided the
documents and video to Mr. Merritt. In response to this request, the Commission scheduled a meeting on
this matter on January 31, 2017. Because the Commission scheduled its meeting only five days after the
request for investigation was filed, the City Attorney was unable to submit the matter to Council for
approval prior to retaining Taylor, Olson, Adkins, Sralla, Elam, L.L.P. to advise the Commission at this
meeting.
Although the Commission was authorized to conduct such investigations under Section 143.009 of the
Texas Local Government Code to determine whether the civil service laws were violated, the present
Commission has never conducted an investigation, and neither the statute nor the local Commission rules
provide a specific procedure to follow when doing so. Due to the complexities of civil service law and the
lack of a specific procedure to follow when conducting investigations, it was necessary for the Commission
to have legal counsel when responding to Officer Martin's request.
The attorneys in the City Attorney's Office did not counsel the Commission in this matter because they
Logname: 12CSC OUTSIDE COUNSEL 02-2017 Page I of 2
have been involved in advising the Police Department in regard to Officer Martin's suspension, as well as
whether to release the documents and body cam video. The City attorneys have also had access to the
documents and body cam video that are in issue, and some were questioned in an investigation of the
release of the material. Due to this conflict, the City Attorney retained outside legal counsel to advise the
Commission in its response to Officer Martin's Request for Commission Investigation.
The law firm of Taylor, Olson, Adkins, Sralla, Elam, L.L.P. was selected to advise the Commission
because this firm possesses the required knowledge and expertise in matters involving civil service law
and Commission investigations. Council is requested to ratify the hiring of Taylor, Olson, Adkins, Sralla,
Elam, L.L.P. and authorize payment for the time they worked related to advising the Commission on
William Martin's request for an investigation on January 31, 2017. To date, the firm has expended
$3,390.24 in advising the Commission in this matter.
Furthermore, Council is requested to authorize retention of this law firm for future advice on the same
issue. At this meeting on January 31, 2017, the Commission declined to investigate the matter, but
indicated that it might revisit this issue in the future. For this reason, it may be necessary for Taylor, Olson,
Adkins, Sralla, Elam, L.L.P. to provide further representation in this matter in the event that the
Commission considers William Martin's request in the future.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated,
of the Risk Financing Fund. The Fiscal Year 2017 Budget includes appropriations in the amount of
$667,436.00 for lawsuit expenses. As of January 26, 2017, the account has year-to-date commitments
totaling $335,455.26; upon approval of the recommendation, remaining funds will be $331,980.74.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
r7!1�7
artment ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Valerie Washington (6192)
Originating Department Head: Sarah Fullenwider (7606)
Gerald Pruitt (7616)
Additional Information Contact: Judy Lacker (8006)
Logname: 12CSC OUTSIDE COUNSEL 02-2017 Page 2 of 2