HomeMy WebLinkAboutResolution 4358-09-2014 1
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A Resolution
NO. 4358-09-2014
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A RESOLUTION TO INCREASE THE AMOUNT TO BE PAID
TO KELLY, HART, & HALLMAN, L.L.P., AS OUTSIDE LEGAL COUNSEL
TO REPRESENT THE CITY IN THE LAWSUIT ENTITLED
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FORT WORTH PROFESSIONAL FIREFIGHTERS
ASSOCIATION V. CITY OF FORT WORTH, TEXAS,
CAUSE NO. 48-270181-14 t
WHEREAS, January 28, 2014, the City Council approved M&C G-18115, which adopted a
resolution retaining Kelly, Hart, and Hallman L.L.P., to represent the City in the lawsuit entitled Fort i
Worth Professional Firefighters Association v. City of Fort Worth, Texas, and authorizing compensation
in an amount up to $100,000; and
WHEREAS, to date, the total cost of legal services to represent the City of Fort Worth in the 1
subject lawsuit has totaled $95,134.99; and
WHEREAS, due to the complex nature of the this lawsuit it is estimated that an additional
amount of approximately $100,000.00 beyond the current authorized $100,000.00 will be needed for the
legal services necessary;
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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FORT WORTH, TEXAS, THAT:
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The City is hereby authorized to increase the maximum to be paid to Kelly, Hart, and Hallman,
L.L.P., for its representation of the City in the referenced litigation in an amount up to $200,000.00.
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Adopted this 23`d day of September, 2014.
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ATTEST: p�'�o 00,���
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By: — — — ----------------- �� }` o '000 b
Mary K er, City Secretary �aaA A �4 4�bd
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ORT WORT - �
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City of Fort Worth, Texas
Mayor and Council Communication
-� �' COUNCIL- �4CTION: a�4p�roved on 9/23/20;1.4 Res6lu6o:n No 4358-09=2014 .�
DATE: Tuesday, September 23, 2014 REFERENCE NO.: **G-18310
LOG NAME: 12COLLECTIVE BARGAINING LAWSUIT INCREASE
SUBJECT:
Adopt Resolution to Increase the Maximum Amount to be Paid to Kelly, Hart, and Hallman L.L.P., to
Represent the City of Fort Worth in the Lawsuit Entitled Fort Worth Professional Firefighters Association v. I
City of Fort Worth, Texas, Cause No. 48-270181-14, to a Total Amount Not to Exceed $200,000.00 (ALL I.
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution increasing the maximum amount to
be paid to Kelly, Hart, and Hallman L.L.P., to represent the City of Fort Worth in the subject lawsuit be
increased to $200,000.00.
DISCUSSION: '
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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.
By adoption of M&C G-18115, the City Council approved Kelly, Hart, and Hallman L.L.P., as legal counsel
to represent the City of Fort Worth in the above lawsuit, and authorized payment to Kelly, Hart, and
Hallman for their services in an amount not to exceed $100,000.00. I
To date, Kelly, Hart, and Hallman has billed the City $95,134.99 for their services. While the trial court I
held that the statute is unconstitutional in part, the bad faith lawsuit remains pending and it is anticipated
that in addition to the $100,000.00 originally authorized by the City Council, an additional sum of i
$100,000.00 will be needed to defend this claim against the City of Fort Worth. Accordingly, it is
recommended by the City Attorney and the Finance Division that the total amount authorized to be paid to
Kelly, Hart, and Hallman for their services be increased to $200,000.00.
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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.
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FUND CENTERS: i
TO Fund/Account/Centers FROM Fund/Account/Centers
FE71 534060 0137120 $100,000.00
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CERTIFICATIONS:
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Logname: 12COLLECTIVE BARGAINING LAWSUIT INCREASE Page 1 of 2
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Submitted for City Manager's Office by: Susan Afanis (8180)
Originating Department Bead: Sarah Fullenwider (7623)
Additional Information Contact: Gerald Pruitt (7616) i
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Logname: 12COLLECTIVE BARGAINING LAWSUIT INCREASE Page 2 of 2