HomeMy WebLinkAboutOrdinance 26822-04-2024Ordinance No. 26822-04-2024
AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE RISK FINANCING FUND IN THE AMOUNT OF
$850,000.00, FROM AVAILABLE NET POSITION, FOR THE PURPOSE OF
FUNDING LAWSUIT EXPENSES; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2023-2024 in the
Budget of the City Manager, there shall also be adjusted estimated receipts and appropriations in the Risk
Financing Fund in the amount of $850,000.00, from available net position, for the purpose of funding lawsuit
expenses.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 26453-09-2023 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALFTY:
_Chfisfoyher A. Trout
Lhristopherk 7rAM (May 1, 2024 10:54 CAT}
Assistant City Attorney
ADOPTED AND EFFECTIVE: April 09, 2024
CITY SECRETARY
l
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/09/24 M&C FILE NUMBER: M&C 24-0263
LOG NAME: 12CRUTCHER SETTLEMENT
SUBJECT
(ALL) Authorize Settlement and Approve Appropriation Ordinance and Payment in the Total Amount of $850,000.00 for Full and Final Settlement
of All Claims Related to the Lawsuits Styled Trisa Crutcher v. City of Fort Worth, No. DC-20-16941 in the 193rd District Court Dallas County, Texas;
and Trisa Crutcher v. City of Fort Worth, No. DC-23-04323, in the 193rd District Court, Dallas County, Texas
RECOMMENDATION;
It is recommended that the City Council:
1. Authorize settlement and payment in the amount of $850,000.00 to Trisa Crutcher and her attorney Christopher Medlenka, for full and final
settlement of all claims related to the lawsuits styled Trisa Crutcher v.City of Fort Worth, No. DC-20-16941 in the 193rd District Court Dallas
County, Texas; and Trisa Crutcher v. City of Fort Worth, No. DC-23-04323, in the 193rd District Court, Dallas County, Texas;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Risk Financing Fund in the amount of
$850,000.00, from available net position, for the purpose funding lawsuit expenses; and
3. Authorize the appropriate City personnel to execute all releases, agreements and court filings necessary to complete the settlement.
DISCUSSION:
Trisa Crutcher was previously a forensic scientist in the Fort Worth Police Department Crime Lab. In 2018 through 2021, Ms. Crutcher made a
series of complaints about the operations of the Crime Lab to various entities, including some law enforcement agencies. She claimed that these
complaints were reports of violations of law by City employees.
Ms. Crutcherfiled a Texas WhistleblowerAct lawsuit against the City in November2020.
In March 2023, Ms. Crutcherfiled her second whistleblowerAct lawsuit against the City, claiming she was terminated in retaliation for making
reports of violations of law.
The two lawsuits were consolidated and, as part of the Courts scheduling order, the parties participated in mediation for both cases on February
15, 2024. Through the mediation process, the parties agreed to settle both cases for a total payment of $850,000.00, which will include Ms.
Crutcher's full and final release of all claims against the City. That agreement is contingent on City Council approval.
Funding is available for appropriation from net position of the Risk Financing Fund. The beginning available net position balance is
$35,714,354.88. and after appropriation the new net position balance will be $34,864,354.88.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION ! 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 the City Attorney's Office have the
responsibility to validate the availability of funds.
aubmittedtorCily Manager's Office by ALL ACMs 6122
Originating Business Unit Head:
Additional Information Contact:
Expedited
Leann Guzman 8973
ChristopherTroutt 7609