HomeMy WebLinkAboutResolution 5931-04-2024 (2)A Resolution
NO. 5931-04-2024
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 b, 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, it
was necessary to hire outside legal counsel with extensive expertise in employment law; and
WHEREAS, the City, on January 3, 2022 hired the Iaw 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, on September 12, 2023, the City Council increased the amount of legal fees to be
paid to Carter Arnett, PLLC, by $400,000, for a total of $900,000; and
WHEREAS, this case was set for trial on January 8, 2024, but four days before the trial was to
begin, the trial judge postponed the trial until October 7, 2024; and
WHEREAS, to date, the cost of legal services incurred by Carter Arnett, PLLC, has been
approximately $1,200,000.00; and
WHEREAS, the subject litigation is still pending and it is estimated that an additional amount
of approximately $1,100,000.00 beyond the current authorized $900,000.00 will be needed for the legal
services necessary through the trial of this case in October 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 $900,000.00 to an amount not to exceed $2,000,000.00.
Adopted this 91' day of April 2024.
ATTEST:
By: -----
Jannette S. Goodall, City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/09/24 M&C FILE NUMBER: M&C 24-0264
LOG NAME: 120UTSIDECOUNSELCARTERMAR2024
SUBJECT
(ALL) Adopt Resolution and Appropriation Ordinance Authorizing an Increase of $1,100,000.00 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:
1. Adopt the attached resolution authorizing an increase in the amount of $1,100,000.00 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 $2,000,000,00; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Risk Financing Fund in the amount of
$1,100,000.00, from available net position, for the purpose funding outside legal counsel.
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 the 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. On September 12, 2023, the City Council
increased that amount to a total of $900,000.00. To date, the City has incurred approximately $1,200,000.00 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 Wh istleblower Act claims remaining.
The case was set for trial on January 8, 2024, and the Carter Arnett firm expended hundreds of hours of legal work getting the case ready for trial
in November 2023 through January 2024. Four days before the trial was to begin, the trial judge postponed the trial until October 7, 2024. While
much of the work has been completed, the trial judge's postponing the case will require the Carter Arnett attorneys to get the case ready for trial,
again, in the weeks leading up to the October 7, 2024 trial. Then, additional work and expenses will be needed to actually try the case in front of a
jury, which could last 3-4 weeks, and to handle the necessary legal work related to post -trial matters.
Because the City has had to respond to Fitzgerald's attorney's numerous motions, challenge many discovery requests that have no real relevance
to Fitzgerald's claims, and will have to prepare for trial twice, 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 $1,100,000.00 beyond the current authorized
$900,000.00 will be needed for the necessary legal services, through trial in October 2024.
Adoption of this Resolution will increase the total authorized amount of compensation to be paid to the Law Firm of Carter Arnett, PLLC, by
$1,100,000.00, for a total amount of $2,000,000.00.
Funding is available for appropriation from net position of the Risk Financing Fund. The beginning available net position balance is
$34,864,354.88 and after appropriation the new net position balance will be $33,764,354.88.
FISCAL INFORMATION 1 CERTIFICATION
The Director of Finance certifies that funds are currently available from net position of the Risk Financing Fund, and upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
in the Risk Financing Fund. Prior to any expenditure being incurred, the Human Resources department and City Attorney's Office have the
responsibility to validate the availability of funds.
Submitted for City Manager's Office bIL ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional information_ Contact: ChristopherTroutt 7609
Expedited