HomeMy WebLinkAboutResolution 5526-02-2022 A Resolution
NO. 5526-02-2022
RATIFYING THE RETENTION OF LEON CARTER AND CARTER ARNETT LAW
FIRM AS OUTSIDE LEGAL COUNSEL FOR LEGAL SERVICES RELATED TO
JOEL F. FITZGERAL, SR V. CITY OF FORT WORTH, TEXAS
(CAUSE NO. DC-19-08184)
WHEREAS, Joel Fitzgerald, Sr. (hereinafter "Fitzgerald") was hired as the Chief
of Police for the City of Fort Worth in 2015; and
WHEREAS, Fitzgerald's employment with the City was terminated on May 20,
2019; and
WHEREAS, Fitzgerald sued the City on June 6, 2019, alleging violations of the
Texas Whistleblower Act, the Texas Open Meetings Act, the Public Information Act, and
the Texas Constitution; and
WHEREAS, because of the complex nature of the litigation and the importance to
the City, is it necessary to hire outside legal counsel with extensive expertise in
employment law; and
WHEREAS, Leon Carter and other attorneys at Carter Arnett have extensive
expertise in employment law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
1. That pursuant to Chapter VI, Section 3, of the City Charter, Leon Carter and the
Carter Arnett Law Firm are retained to provide legal representation to the City in the
lawsuit entitled, Joel F. Fitzgerald, Sr. v. City of Fort Worth, Texas (Cause No. DC -
19-08184).
2. That the City be authorized to compensate Leon Carter and the Carter Arnett Law
Firm, in an amount not to exceed $250,000.00.
Adopted this 81h day of February 2022.
ATTEST:
B y:4aofiette S.Goodall(Feb 10,202211• CST)
Jannette S. Goodall, City Secretary �00-
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/08/22 M&C FILE NUMBER: M&C 22-0094
LOG NAME: 120UTSIDECOUNSELLCARTER
SUBJECT
(ALL)Adopt a Resolution Ratifying the Retention of Leon Carter and the Carter Arnett Law Firm as Outside Legal Counsel to Provide Legal
Representation to the City of Fort Worth in the Lawsuit Entitled,Joel F.Fitzgerald,Sr.v.City of Fort Worth,Texas(Cause No.DC-19-08184)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution ratifying the retention of Leon Carter and the Carter Arnett Law Firm as
outside legal counsel to provide legal representation to the City of Fort Worth in the lawsuit entitled,Joel F.Fitzgerald,Sr.v.City of Fort Worth,
Texas(Cause No. DC-19-08184).
DISCUSSION:
Joel F. Fitzgerald,Sr. (Fitzgerald)was hired as the Chief of Police in 2015. On May 20,2019,Fitzgerald was terminated from his employment with
the City of Fort Worth(City). Fitzgerald filed a lawsuit against the City on June 6,2019,claiming that his termination from the City violated the
Texas Whistleblower Act,the Texas Open Meetings Act,the Public Information Act,and the Texas Constitution. Due to the complex nature of the
litigation and the importance to the City,it is recommended that Leon Carter and the Carter Arnett Law Firm be retained to represent the City in the
lawsuit entitled,Joel F.Fitzgerald,Sr.v.City of Fort Worth,Texas(Cause No.DC-19-08184).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendations,funds are available in the current operating budget,as appropriated,
of the Risk Financing Fund.Prior to an expenditure being incurred,the Human Resources Department has the responsibility to validate the
availability of funds.
Submitted for City Manager's Office by: ALL ACMs 6222
Originating Business Unit Head: Laetitia Coleman Brown 6639
Additional Information Contact: Christopher B. Mosley 7603