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HomeMy WebLinkAboutResolution 4095-06-2012A Resolution NO. 4095 -06 -2012 AUTHORIZING THE EMPLOYMENT OF DAVID D'ALESSANDRO AND THE LAW FIRM OF VINSON & ELKINS, L.L.P., AS OUTSIDE LEGAL COUNSEL TO ASSIST THE CITY IN PENSION RELATED ISSUES WHEREAS, 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; and WHEREAS, the City Manager requested assistance from the City Attorney's Office regarding legal issues related to reductions in employee pension benefits; and WHEREAS, because of the extraordinary complexity of this area of law, the City Manager recommended that the City retain outside legal counsel with knowledge and expertise in matters involving pension law; and WHEREAS, David D'Alessandro and the law firm Vinson & Elkins, L.L.P., possesses the required knowledge and expertise in pension law; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: 1. The City Attorney is hereby authorized to retain David D'Alessandro and the law firm of Vinson & Elkins, L.L.P., as outside legal counsel pursuant to Chapter VI, Section 3, of the City Charter for assistance with matters related to potential reductions in employee pension benefits. 2. That the City be authorized to compensate Vinson & Elkins, L.L.P., in an amount not to exceed an amount of $75,000.00. Adopted this 12`x' day of June, 2012. ATTEST: B y: - -- Mary Kayser, ity Secretary Im City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/12/2012 - Resolution No. 4095 -06 -2012 DATE: Tuesday, June 12, 2012 REFERENCE NO.: G -17614 LOG NAME: 12VINSON & ELKINS PENSION COUNSEL SUBJECT: Adopt Resolution Authorizing the Employment of David D'Alessandro and the Law Firm of Vinson & Elkins, L.L.P., as Outside Counsel, in the Amount Not to Exceed $75,000.00 to Assist the City in Pension Related Issues (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution approving the retention of David D'Alessandro and the law firm of Vinson & Elkins, L.L.P., as outside legal counsel to represent the City in matters related to employee pension benefit reductions. 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 recommendations may include benefit reductions for future and current employees. Recommendations to modify employee pension benefits must be made in accordance with Article 16, Section 66, of the Texas Constitution, and Article 62431 of the Texas Revised Civil Statutes. The City Manager's Office requested assistance from the City Attorney's Office regarding legal issues related to employee pension benefit reductions. 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. David D'Alessandro, a partner with Vinson & Elkins, L.L.P., has experience in a wide range of benefit matters, including pension, and has agreed to represent the City. 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 for retention of David D'Alessandro and the law firm of Vinson & Elkins, L.L.P., to represent the City in matters related to potential reductions in employee pension benefits. The City Attorney's Office will use in -house attorneys where possible to minimize the expenditure of funds for outside counsel. Legal fees are not expected to exceed $75,000.00. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund /Account/Centers FROM Fund /Account/Centers Logname: 12VINSON ELKINS PENSION COUNSEL Page 1 of 2 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Logname: 12VINSON ELKINS PENSION COUNSEL GG01 531200 0901100 Susan Alanis (8180) Sarah Fullenwider (7606) Laetitia Brown (6639) $75,000.00 Page 2 of 2