HomeMy WebLinkAboutOrdinance 15398Ordinance No.
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $623,000.00
FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING THE
SETTLEMENT OF ALL CLAIMS OF PLAINTIFF POLICE OFFICERS IN
BRADLEY W. HICKEY, ET AL. V. THE CITY OF FORT WORTH, TEXAS, CAUSE
NO. 348-185345-00, IN THE 248TH JUDICIAL DISTRICT COURT OF TARRANT
COUNTY, TEXAS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
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 2002-
2003 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the General Fund in the amount of $623,000.00 from available funds, for the
purpose of funding the settlement of all claims of plaintiff police officers in Bradley W. Hickey, et al.
v. the City of Fort Worth, Texas, Cause No. 348-185345-00, in the 248th Judicial District Court of
Tarrant County, Texas.
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 No. 15184 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
APPROVEDfPtS TO ~ ~ loll ND LEGALITY:
/ ~'' ~ w.
j•* ~___........
Assistant City ` orney
ADOPTED AND EFFECTIVE: ~ _ I ~ _ 0
City of FoYt Worth, Texas
Mayor ~n~ Council Communication
TE REFERENCE NUMBER LOG NAME PAGE
1/14/03 G-13856 120FFICERS
1 of 2
B~EC-r SUPPLEMENTAL APPROPRIATION ORDINANCE AND SETTLEMENT OF ALL
CLAIMS OF PLAINTIFF POLICE OFFICERS IN BRADLEY W. HICKEY, ET AL V. THE
CITY OF FORT WORTH, TEXAS, CAUSE NO. 348-185345-00, IN THE 348TH
JUDICIAL DISTRICT COURT OF TARRANT COUNTY, TEXAS
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the below-described proposed settlement of the lawsuit arising from the alleged failure of
the City to grant vacation days to the City of Fort Worth police officers from November 10, 1996,
~~ through November 10, 2000; and
2. Authorize the payment of $30,000 to H. L. O'Neal for attorney's fees incurred on behalf of the
plaintiff police officers; and
3. Authorize the transfer of up $623,000 from the Property and Casualty Insurance Fund to the
General Fund; and
4. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in an amount up to $623,000 in the General Fund from available funds; and
5. Authorize the appropriate City representatives to execute the documents necessary to complete the
settlement.
DISCUSSION:
City of Fort Worth police officers filed a class action lawsuit against the City of Fort Worth alleging that
the police officers did not receive vacation days at the same accrual rate as other municipal employees.
The plaintiff class is composed of those police officers who were employed by the City from November
10, 1996, through November 10,2000:
While the City denies the allegations, the City and the police officers have reached a proposed
settlement. Under the terms of the settlement, and subject to City Council approval, the City agrees to:
(1) create a special leave account for the use of each plaintiff; (2) credit each plaintiff's special leave
account with the number of days of vacation leave equal to the difference between the vacation time
the officer actually received and the personal leave time accrued by similarly tenured general
employees; and (3) pay plaintiffs' counsel attorney's fees in the amount of $30,000.
Those police officers who worked for the department between November 10,.1996, and November 10,
2000,, but who no longer work for the Department will receive a cash settlement equal to the appropriate
number of hours of vacation multiplied by their rate of pay at the time of their separation from
employment. These payments will total approximately $623,000.
In return, plaintiffs will dismiss their lawsuit and release all claims against the City.
City of Fort Worth, .Texas
Mayor and Council Communication
1/14/03 2 of 2
G-13856 120FFICERS r~Vc
>UBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND SETTLEMENT OF ALL
CLAIMS OF PLAINTIFF POLICE OFFICERS IN BRADLEY W. HICKEY, ET AL V. THE
CITY OF FORT WORTH, TEXAS, CAUSE NO. 348-185345-00, IN THE 348TH
JUDICIAL DISTRICT COURT OF TARRANT COUNTY, TEXAS
Approval of this settlement should not be construed as an admission of liability by th.e City of Fort Worth
or its officers, agents and employees. In fact, such liability in this matter is specifically denied. The City
enters into this settlement only to avoid further time-consuming, costly, and uncertain litigation.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached supplemental appropriation ordinance, funds will be available in the current operating budget,
as appropriated, of the General Fund.
LW:k
Submitted for City Mana
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Off FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
ice by: (to)
Libb (3) GG01 472071 0909801 $623,000.00
y Watson 6183
Originating Department Head: (4) GG01
(4, 5) GG01 472071
514110 0909801
0909801 $623,000.00
$623,000.00
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av
Yett 7623 (from) APPROVED 01/14/03
A.la:a:....,.~r_r_____.. r. (2) FE71 534050
___.. 0137120 $ 30,000.00 ORD.# 15398
Carolyn McFatridge 7612