HomeMy WebLinkAboutResolution 5571-05-2022 A Resolution
NO. 5571-05-2022
TO INCREASE THE AMOUNT TO BE PAID TO THE LAW FIRM OF CARTER
ARNETT, PLLC AS OUTSIDE LEGAL COUNSEL FOR LEGAL SERVICES
RELATED TO JOEL F. FITZGERALD, 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, the City, on January 3. 2022 hired the law firm of Carter Arnett,
PLLC, as outside counsel to provide legal representation regarding the lawsuit filed by
Fitzgerald, such hiring being ratified by the City Council on February 8, 2022; and
WHEREAS, to date, the cost of legal services by Carter Arnett, PLLC, has been
approximately $190,000.00; and
WHEREAS, the subject litigation is still pending and it is estimated that an
additional amount of approximately $250,000.00 beyond the current authorized
$250,000.00 will be needed for the legal services necessary for legal services through the
summer 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the compensation authorized to be paid to the Law Firm of Carter Arnett,
PLLC, as outside counsel, to provide legal representation regarding the lawsuit filed by
Fitzgerald, is hereby increased from $250,000.00 to an amount not to exceed
$500,000.00.
Adopted this 241h day of May 2022.
ATTEST:
�� s. III F OR T F
By: Jannette S.Gooda -,y27,202215:20CDn O.• O
Jannette S. Goodall, City Secretary
U :2
TEXAS
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/24/22 M&C FILE NUMBER: M&C 22-0372
LOG NAME: 120UTSIDECOUNSELLCARTERMAY2022
SUBJECT
(ALL)Adopt attached Resolution Authorizing an Increase of$250,000 in the Total Amount to be paid to the Law Firm of Carter Amett,PLLC,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 authorizing an increase in the amount of$250,000.00 to the maximum
amount to be paid to the law firm of Carter Amett,PLLC,as outside legal counsel for legal services related to legal representation for the City of
Fort Worth in the lawsuit entitled,Joel F.Fitzgerald,Sr.v.City of Fort Worth,Texas(Cause No.DC-19-08184),for a total amount of$500,000.00.
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,On February 8,2022,by Mayor and Council Communication M&C G-21-0298 and Resolution No.5526-
02-2022,the City Council approved the hiring of the Law Firm of Carter Arnett, PLLC to represent the City in the lawsuit entitled,Joel F. Fitzgerald,
Sr.v.City of Fort Worth,Texas(Cause No.DC-19-08184). The City Council approved legal expenses up to$250,000.
The litigation is still pending and it is estimated that an additional amount of approximately$250,000.00 beyond the current authorized
$250,000.00 will be needed for the necessary legal services.
Adoption of this Resolution will increase the amount of compensation to be paid to the Law Firm of Carter Amett,PLLC,by$250,000.00,for a
total amount of$500,000.00.
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 Managers Office by: ALL ACMs 6222
Originating Business Unit Head: Laetitia Brown 6639
Additional Information Contact: Christopher A.Troutt 7609
Expedited