HomeMy WebLinkAboutResolution 4929-05-2018 A Resolution
NO. 4929-05-2018
A RESOLUTION TO INCREASE THE AMOUNT TO BE PAID TO
KEN EAST TO REPRESENT POLICE OFFICER W.F. SNOW
IN CIVIL ACTION 4:15-CV-221-A
WHEREAS, the Estate of Jermaine Darden filed suit against the City of Fort
Worth, Police Officer W.F. Snow and Police Officer J. Romero in Civil Action No. 4:15-
CV-221-A; and
WHEREAS, Ken East was hired by the City to represent Officer Snow in the
subject lawsuit, and agreed that his legal fees would not exceed $100,000.00 without
City Council approval; and
WHEREAS, the subject lawsuit is still pending, and it is estimated that an
additional amount of $100,000.00 beyond the current approved amount of $100,000.00
will be needed for the legal services necessary to bring this lawsuit to a successful
conclusion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the compensation to be paid to Ken East for legal services in Civil Action
No. 4:15-CV-221-A is hereby increased to an amount not to exceed $200,000.00.
Adopted this 1st day of May 2018.
ORT P!;
ATT p •
onald P. Gonzales, A stant City Secreta
ORTWO
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION AP proved.ort 11t2418 ,,.R!aso�y Qt Not X49,20_21 n:
DATE: Tuesday, May 1, 2018 REFERENCE NO.: **G-19272
LOG NAME: 12EASTFEEDARDEN
SUBJECT:
Adopt Resolution Increasing the Maximum Amount to be Paid to Ken East to Represent Officer W.F. Snow,
to an Amount Not to Exceed $200,000.00, in the Lawsuit Entitled Eric C. Darden, as Administrator of the
Estate of Jermaine Darden v. City of Fort Worth, W.F. Snow and J. Romero, Cause No. 4:15-CV-221-A
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing an increase in the maximum amount to be paid to Ken East
to represent Officer W.F. Snow in the above named lawsuit to an amount not to exceed $200,000.00.
DISCUSSION:
The City of Fort Worth, Officer Snow and Officer Romero have been sued by the Estate of Jermaine
Darden, who alleged that excessive force was used on Jermaine Darden's during the execution of a
search warrant at his house. Mr. Darden later died. Pursuant to Section 180.002 of the Texas Local
Government Code, the City is required to provide legal representation to its police officers without cost, if
requested by the officer and if the suit involves an official act of the officer within the scope of the officer's
authority. Section 180.002 further provides that the City may employ outside counsel to represent its
police officers. Because of the potential for conflicts, Mr. East was hired by the City to represent Officer
Snow in this lawsuit. As a condition of his employment, Mr. East agreed that his legal fees in this matter
would not exceed $100,000.00, without City Council approval.
Because of the on-going nature of this litigation, including appeals, and the fact that the legal fees billed by
Mr. East are estimated to exceed $100,000.00, it is recommended that the City Council confirm the hiring
of Ken East to represent Officer Snow in this lawsuit and provide that the total attorney fees to be paid to
Mr. East be increased to an amount not to exceed $200,000.00.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that the funds are available in the current operating budget, as
appropriated, of the Risk Management Fund.
FUND IDENTIFIERS(FIDs�:
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Logname: 12EASTFEEDARDEN Page 1 of 2
Fund Department ccountl Project Program ctivity Budget I Reference # Amount
ID ID Year Chartfield 2
1 60111 0147120 5520114 2018 $100,OOOM
CERTIFICATIONS:
Submitted for City Managers Office by: Jay Chapa (5804)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Laetitia Coleman Brown (6639)
Logname: 12EASTFEEDARDEN Page 2 of 2