HomeMy WebLinkAboutResolution 5791-09-2023A Resolution
NO.5791-09-2023
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 was 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;
authorizing legal fees in an amount up to $250,000; and
WHEREAS, on May 24, 2022, the City Council increased the amount of legal fees
to be paid to Carter Arnett, PLLC, by $250,000, for a total of $500,000; and
WHEREAS, to date, the cost of legal services by Carter Arnett, PLLC, has been
approximately $475,000.00; and
WHEREAS, the subject litigation is still pending and it is estimated that an
additional amount of approximately $400,000.00 beyond the current authorized
$500,000.00 will be needed for the legal services necessary through the trial of this case
in January 2024.
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 $500,000.00 to an amount not to exceed
$900,000.00.
Adopted this 121h day of September 2023. o4�o�nn
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Jannette S. Goodall, City Secretary 000000��
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0745
LOG NAME: 120UTSIDECOUNSELCARTERAUG2023
SUBJECT
(ALL) Adopt Resolution Authorizing an Increase of $400,000.00 in the Total Amount to be Paid to the Law Firm of Carter Arnett, 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 $400,000.00 to the maximum
amount to be paid to the law firm of Carter Arnett, 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 $900,000.00.
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 of his employment with 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
$250,000.00 On May 24, 2022, the City Council increased that amount to a total of $500,000.00. To date, the City has incurred approximately
$475,000.00 in legal expenses to Carter Arnett for their work in this case.
The City Attorney's Office handled the legal work related to the successful appeal that dismissed Fitzgerald's Texas Constitutional claims, leaving
only his Whistleblower Act claims remaining. The litigation is still pending in the trial court and trial is set for January 8, 2024. Because the City has
had to respond to Fitzgerald's attorney's numerous motions, and challenge many discovery requests that have no real relevance to Fitzgerald's
claims, the legal fees the City has incurred are beyond what would normally be expected in a one -plaintiff Whistleblower Act case. It is estimated
that an additional amount of approximately $400,000.00 beyond the current authorized $500,000.00 will be needed for the necessary legal
services, through trial.
Adoption of this Resolution will increase the amount of compensation to be paid to the Law Firm of Carter Arnett, PLLC, by $400,000.00, for a
total amount of $900,000.00.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as appropriated,
in 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 Citv Manager's Office bv: ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact: Christopher Troutt 7609