HomeMy WebLinkAboutResolution 5393-05-2021A Resolution
NO. 5393-05-2021
Ratifying the City Attorney's Lawsuit in the District Court of Tarrant County
Styled City of Fort Worth v. Shea O'Neill
WHEREAS, Shea O 'Neill was employed as a Fort Worth firefighter when he
struck a senior citizen in the face at a TCU scrimmage.
WHEREAS, Shea O'Neill was fired by the Fire Chief and appea led his
termination .
WHEREAS, the hearing examiner selected for the appeal relied on evidence
outside of the appeal hearing in issuing an award in favor of O'Neill.
WHEREAS, the City appealed the hearing examiner's award to the 342"ct District
Court, Tarrant County , Texas and the Court rendered judgment in favor of the City,
vacating the hearing examiner's award and ordering a new hearing.
WHEREAS, the City seeks to fo llo w the statutory process outlined in Chapter 143
of the Texas Local Gov't Code for se l ecting a new hearing examiner and O'Neill seeks
to h ave the same hearing examiner preside over the new hearing.
WHEREAS, 0 'Neill and the hearing examiner have scheduled a purported civil
service hearing that is inconsistent with the law and without agreement of the City.
WHEREAS, it is improper for the h earing examiner to preside over the new
appeal and a new hearing should be se l ected in accordance with the applicable law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
The City Counci l ratifies the City Attorney's filing of a suit in a District Court of
Tarrant County against Shea O'Neill to declare the rights of the parties under Chapter
143 of the Texas Local Government Code and enjoin O'Neill from participating in an
improper civil service appeal.
Adopted this 11 1h day of May 2021.
ATTEST:
&r RmaU t? 6Nt@Mr By: "for Rona ld P. Go nzale~ (May 12, 2021 l S:04 CDT)
Mary J . Kayser, City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05 /1 1/21
LOG NAME: 120NEILL LAWSUIT_2021
SUBJECT
M&C FILE NUMBER: M&C 21-0323
(ALL) Adopt Resolution Ratifying the City Attorney 's Lawsuit in the Di strict Court of Tarrant County Against Shea O 'Neill to Declare the Rights of
the Parties under Chapter 143 of the Texas Local Government Code and Enjoin O 'Neill from Participating in an Improper Civil SeNice Appeal
RECOMMENDATION:
It is recommended that the City Council rat ify a lawsuit filed again st Shea O'Neill and adopt the attached resolution.
DISCUSSION:
Shea O 'Neill was employed as a Fort Worth firefighter when he struck a senior citi zen in the face at a TCU scrimmage . Shea O 'Neill was fired
by the Fire Chief for his conduct and appealed his termination . A hearing examiner was selected for the appeal in accordance with Chapter 143
of the Texas Local Government Code . In her award favoring O'Neill , the hearing examiner relied on evidence outside of the appeal hearing .
The City appealed the hearing examiner's award to the 342nd District Court , Tarrant County , Texas and after a trial on the merits, the Court
rendered judgment in favor of the C ity , finding that the hearing examiner's award was procured unlawfully. The District Court vacated the hearing
examiner's award and orde red a new hearing . O'Neill seeks to have the new hearing before the same hearing examiner who rendered a
decision unlawfully . The City seeks to follow the process for selection of a hearing examiner as outlined in Chapter 143 of the Texas Local
Government Code .
The parties are at an impasse ; therefore , the City seeks to have a court declare its rights under Chapter 143 of the Texas Local
Government Code with regard to the post-vacature process .
A Form 1295 is not required because : Th is M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds .
Submitted for City Manager's Office by: ALL ACMs 6222
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Sarah Fullenwider 7623
Ex pedited