HomeMy WebLinkAboutResolution 4279-01-2014 A Resolution
NO. 4279-01-2014
AUTHORIZING THE EMPLOYMENT OF KELLY, HART & HALLMAN, L.L.P.,
AS OUTSIDE LEGAL COUNSEL TO REPRESENT THE CITY IN THE
LAWSUIT ENTITLED FORT WORTH PROFESSIONAL FIREFIGHTERS
ASSOCIATION V. CITY OF FORT WORTH, TEXAS,
CAUSE NO. 48-270181-14, AND AUTHORIZING
PAYMENT OF COUNSEL FEES
WHEREAS, the City and the Fort Worth Professional Firefighters Association began negotiations
regarding a successor Collective Bargaining Agreement in 1Vovember 2012; and
WHEREAS, despite the City's good faith negotiations, the Parties reached impasse on December 31,
2013; and
WHEREAS, on January 22, 2014, a lawsuit was filed against the City by the Fort Worth Professional
Firefighters Association, related to Chapter 174 of the Texas Local Government Code, the Fire and Police
Employee Relations Act; and
WHEREAS, because of the extraordinary complexity of this area of law, the City Manager and the City
Attorney recommend that the City retain outside legal counsel with knowledge and expertise in matters involving
pension and labor law; and
WHEREAS, the law firm of Kelly, Hart, and Hallman, L.L.P., possesses the required knowledge and
expertise in pension and labor law;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS,THAT:
1.
The City is authorized to retain the law firm of Kelly, Hart, and Hallman, L.L.P., as outside legal counsel
pursuant to Chapter VI, Section 3, of the City Charter to represent the City in the above- referenced lawsuit.
2.
The City is hereby authorized to compensate Kelly, Hart, and Hallman, L.L.P., for its representation in
the above-referenced lawsuit in an amount up to $100,000.00.
'd �fl° °�o°O Ado p ted this 28[7 da y of January, 201.4. Xy Y�
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ATTEST:
By:
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Mary Kayser, i Seer' tary ��
oRT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/2812014 - Resolution No. 4279-01-2014
DATE: Tuesday, January 28, 2014 REFERENCE NO.: G-18115
LOG NAME: 12COLLECTIVE BARGAINING LAWSUIT
SUBJECT:
Adopt Resolution Authorizing the Employment of Kelly, Hart, and Hallman L.L.P., as Outside Counsel to
Represent the City in the Lawsuit Entitled Fort Worth Professional Firefighters Association v. City of Fort
Worth, Texas, Cause No. 48-270181-14, and Authorizing Payment of Counsel Fees in a Total Amount Up
to $100,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the employment of Kelly,
Hart, and Hallman L.L.P., as outside counsel to represent the City in the lawsuit entitled Fort Worth
Professional Firefighters Association v. City of Fort Worth, Texas, Cause No. 48-270181-14, and
authorizing payment of counsel fees in a total amount up to $100,000.00.
DISCUSSION:
On January 22, 2014, a lawsuit was filed against the City by the Fort Worth Professional Firefighters
Association. The lawsuit alleges that the City violated its obligation to bargain in good faith, and asks the
Court to enforce the requirements of Texas Local Government Code Section 174.021, as to all issues in
dispute between the parties related to compensation and working conditions. The lawsuit also requests
that the Court impose a one-year collective bargaining Agreement.
The City Manager and the City Attorney agree that, because of the extraordinary complexity of this area of
law it is necessary to retain outside legal counsel with significant knowledge in labor and pension law to
ensure that the City's interests are protected. Kelly, Hart, and Hallman L.L.P., has experience in a wide
range of legal matters, including labor and pension law, and has agreed to represent the City. Chapter VI,
Section 3 of the City Charter requires the City Council to approve the retention of any outside legal
counsel for assistance to the City Attorney. Accordingly, it is recommended that the City Council adopt
the attached Resolution authorizing the retention of Kelly, Hart, and Hallman, L.L.P., to represent the City
in the above referenced lawsuit. It is also recommended that the City Council authorize payment of up to
$100,000.00 in counsel fees.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Risk Management Fund.
FUND CENTERS:
TO F u nd/Accou nt/C enters FROM Fund/Account/Centers
FE71 534060 0137120 $100,000.00
CERTIFICATIONS:
Logname: 12COL,LECTIVE BARGAINING LAWSUIT Page 1 of
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Gerald Pruitt (7616)
Logname: 12COLLECTIVE BARGAINING LAWSUIT Page 2 of 2