HomeMy WebLinkAboutResolution 4944-06-2018 A Resolution
NO. 4944-06-2018
AUTHORIZING THE EMPLOYMENT OF
KELLY, HART & HALLMAN, L.L.P., AS OUTSIDE LEGAL
COUNSEL TO ADVISE AND REPRESENT THE CITY IN MATTERS
RELATED TO EMPLOYEE PENSION MODIFICATIONS AND
AUTHORIZING PAYMENT OF COUNSEL FEES
WHEREAS, the City is considering making amendments to the City's Retirement Ordinance that
may modify pensions for retirees, vested terminated members, and current and future members of the
Employees' Retirement Fund; and
WHEREAS, any pension modifications must be in accordance with Article 16, Section 66 of the
Texas Constitution and Article 62431 of the Texas Revised Civil Statutes; and
WHEREAS, it is possible that pension modifications could lead to litigation; and
WHEREAS, because of the extraordinary complexity of this area of law, the City Manager and
the City Attorney recommend that the City retain outside legal counsel with knowledge and expertise in
matters involving pension law; and
WHEREAS, the law firm of Kelly, Hart & Hallman, L.L.P., possesses the required knowledge
Iand expertise in pension law; and
IWHEREAS,the law firm of Kelly,Hart&Hallman,L.L.P.,has successfully represented the City
in past litigation related to pension modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
1.
The City is authorized to retain the law firm of Kelly, Hart & Hallman, L.L.P., as outside
legal counsel pursuant to Chapter VI, Section 3, of the City Charter to assist and represent the City in
matters related to employee pension modifications.
ORT WO T
Resolution No.4944-06-2018
2.
The City is hereby authorized to compensate Kelly, Hart & Hallman, L.L.P., in an amount not to
exceed $150,000.00
Adopted this 12th day of June, 2018.
ATTEST:
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Mary J. Kayser, S & ary
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/12/2018 - Resolution No. 4944-06-2018
DATE: Tuesday, June 12, 2018 REFERENCE NO.: **G-19298
LOG NAME: 12KELLY HART& HALLMAN PENSION COUNSEL
SUBJECT:
Adopt Resolution Authorizing the Employment of Kelly Hart & Hallman, L.L.P. as Outside Counsel, in an
Amount Not to Exceed $150,000.00, to Assist the City with Pension-Related Legal Issues (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving the retention of the law
firm of Kelly Hart & Hallman, L.L.P. as outside legal counsel to assist and represent the City in pension-
related legal issues.
DISCUSSION:
The City Manager is in the process of reviewing and preparing recommendations to the City Council to
improve the health of the City of Fort Worth Employees' Retirement Fund (the Fund). The
recommendations may include pension modifications for retirees, vested terminated members, future and
current employees. Recommendations to make pension modifications must be made in accordance with
Article 16, Section 66, of the Texas Constitution, and Article 6243i of the Texas Revised Civil Statutes.
Due to the extraordinary complexity of this area of the law, the City Manager recommended that the City
retain outside legal counsel with extensive knowledge and expertise in public pension law.
The law firm of Kelly Hart & Hallman, L.L.P. has experience in pension matters, and successfully
represented the City in defending the modifications made to the pension system in 2012 and
2014. Chapter VI, Section 3 of the City Charter requires the City Council to approve the retention of any
outside legal counsel for assistance to the City Attorney. Accordingly, it is recommended that the City
Council adopt the attached Resolution to retain Kelly Hart & Hallman, L.L.P. to assist City Staff and to
represent the City in matters related to potential modifications to the Fund.
Legal fees are not expected to exceed $150,000.00.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated,
of the Risk Management Fund. Prior to an expense being incurred, the participating department has the
responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
r
und Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
Logname: 12KELLY HART HALLMAN PENSION COUNSEL Page I of 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7606)
Additional Information Contact: Laetitia Brown (6639)
Logname: 12KELLY HART HALLMAN PENSION COUNSEL Page 2 of 2