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HomeMy WebLinkAboutResolution 4442-05-2015 { i A Resolution NO. 4442-05-2015 { I AUTHORIZING EMPLOYMENT OF RICKY GREEN OF THE LAW OFFICES OF RICKY GREEN, PLLC, AS OUTSIDE LEGAL COUNSEL TO ASSIST THE CITY ATTORNEY'S OFFICE IN ADVISING THE HUMAN RESOURCES DEPARTMENT AND REPRESENTING THE CITY IN CERTAIN WORKERS COMPENSATION CLAIMS, AND AUTHORIZING PAYMENT OF COUNSEL FEES IN AN AMOUNT j NOT TO EXCEED $25,000.00 PER YEAR WHEREAS, the City of Fort Worth is self-funded for workers compensation with a third party administrator processing claims and Assistant City Attorneys generally handling legal disputes; and j WHEREAS, the assistance of an outside attorney specializing in workers compensation law is required in those claims involving more obscure areas of workers compensation law and those were members of the City Attorney's Office are disqualified as a result of a conflict of interest; and WHEREAS, specific needs arise periodically each year where such outside assistance is required to protect the City's interest regarding its workers compensation program; and WHEREAS, Ricky Green has special competency in the area of workers compensation claims, and has agreed to assist the City with these issues. 1 i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE I CITY OF FORT WORTH, TEXAS, THAT: i 1. The City is authorized to retain Ricky Green of the Law Offices of Ricky Green, PLLC, as outside counsel under Chapter VI, Section 3 of the City Charter, for legal services related to certain workers compensation claims; and 2. The City is authorized to pay counsel fees to Ricky Green of the Law Offices of Ricky Green, PLLC, in an amount not to exceed $25,000.00 per year, with costs to be billed to individual claims files as allocated loss adjustment expenses in accordance with Texas law. i Adopted this 5th day of May, 2015. 4c�'� � .' i pi a° o°�0 ATTEST: �'�.o i twa n ° ° d By' -- - - -- ----------- °°0 010 ,d M y aye i S etary Aga .°p°00, �bA� I i ORT WORT i City of Fort Worth, Texas Mayor and Council Communication 'COUNCIL ACTION: Approved:on 5/5/2015 Resoaution,No: 4442 05 2 a' DATE: Tuesday, May 05, 2015 REFERENCE NO.: **C-27275 LOG NAME: 12WORKERS COMP OUTSIDE ATTORNEY j SUBJECT: Adopt Resolution Authorizing Employment of Ricky Green as Outside Counsel for Legal Services Related to Certain Workers Compensation Claims and Authorizing Payment of Counsel Fees in an Amount Not to Exceed $25,000.00 Per Year (ALL COUNCIL DISTRICTS) I RECOMMENDATION: i It is recommended that the City Council adopt the attached resolution authorizing the employment of Ricky Green of the Law Offices of Ricky Green, PLLC, as outside counsel, in accordance with Chapter VI, Section 3 of the City Charter for legal services related to certain workers compensation claims, and i authorizing payment of counsel fees in an amount not to exceed $25,000.00 per year. i DISCUSSION: The Human Resources Department and the City Attorney's Office have requested that the City retain Ricky Green of the Law Offices of Ricky Green, PLLC, for legal services related to certain workers compensation claims. Mr. Green has extensive experience representing municipalities in workers compensation claims. The City of Fort Worth is self-funded for workers compensation with its claims being processed by a third party administrator. Three attorneys in the Fort Worth City Attorney's Office are assigned to represent the City in legal disputes regarding the eligibility or amount of claims, and they handle the majority of all such cases. i A relatively small number of workers compensation claims involve less-used areas of the law that require more highly specialized knowledge. For example, Texas law presumes that certain diseases are the result of a person's employment, and when the circumstances indicate the disease was caused by some i condition other than the person's work environment, the burden shifts to the City to establish evidence to refute that presumption. Because these specialized claims involve less-common areas of the law and different standards of proof, attorneys who specialize in workers compensation law are needed to represent the City's interests. In addition, some cases involve a conflict of interest, such as when a workers compensation claim is filed by a member of the City Attorney's Office or a relative of assigned attorneys. When such a conflict prevents the City's in-house attorneys from handling the cases, the assistance of an outside attorney is required. Mr. Green has extensive experience in the field of workers compensation law having worked in the area for 15 or more years. He has previously provided the City with similar representation, and both the Human Resources Department and the City Attorney's Office have been satisfied with his service. Under the laws and regulations governing workers compensation claims in Texas, attorneys' fees are charged against the individual claim files as allocated loss adjustment expenses. If Mr. Green is engaged ! to provide services, his bills will be processed by the City's third party administrator for workers ; Logname: 12WORKERS COMP OUTSIDE ATTORNEY Pagel of 2 i compensation claims and will be paid for out of the Workers Compensation Fund. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Workers Compensation Fund. The Fiscal Year 2015 budget included appropriations in the amount of$10,274,510.00 for all workers compensation claims costs, including all allocated loss adjustment expenses, which include legal services. As of April 7, 2015, the Fund has year- to-date expenses totaling $4,711,620.72; upon approval of the recommendation, remaining funds will be $5,527,889.28. I I FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers FE73 534600 0147310 $25,000.00 I CERTIFICATIONS: I Submitted for City Manager's Office by_ Susan Alanis (8180) Originating Department Head: Sarah Fullenwider (7606) 4 Gerald Pruitt (7616) Additional Information Contact: Denis McElroy (2758) �f f I r I I I u I I I I a i i i I I I I i i I Logname: 12WORKERS COMP OUTSIDE ATTORNEY Page 2 of 2 j