HomeMy WebLinkAbout(0010) O'Neill_resolution 5.6.21.PDFA Resolution
NO.
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 appealed 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" d 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 follow the statutory process outlined in Chapter 143
of the Texas Local Gov't Code for selecting a new hearing examiner and O'Neill seeks
to have the same hearing examiner preside over the new hearing.
WHEREAS, O'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 hearing examiner to preside over the new
appeal and a new hearing should be selected 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 Council 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 day of
ATTEST:
M.
Mary Kayser, City Secretary
2021.