HomeMy WebLinkAboutOrdinance 16062w
Ordinance No / (ouc0 Z
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE GENERAL FUND IN THE AMOUNT OF $48,400 FROM AVAILABLE FUNDS FOR
THE PURPOSE OF FUNDING THE SETTLEMENT OF CLAIMS IN THE LAWSUIT
SHONNA BERTLESMAN ET AL. V CITY OF FORT WORTH, TEXAS IN THE DISTRICT
COURT OF TARRANT COUNTY CAUSE NO 141194976-02; 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 2003-2004 in the
Budget of the City Manager there shall also be increased estimated receipts and appropriations in the
General Fund in the amount of $48 400 from available funds, for the purpose of funding the settlement of
claims in the lawsuit, Shonna Bertlesman, et al v the City of Fort Worth, Texas in the District Court of
Tarrant County Cause of Tarrant County Cause No 141-94976-02.
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. 15636 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ordinances and appropriations are hereby expressly repealed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.
APR V`ED AS~TO F M AND LEGALITY
GG~'
Est City Attorney
ADOPTED AND EFFECTIVE. ~- ~!~ '- ~
City of Fort Worth, Texas
Mayor and Council Communication
-_
_.
COUNCIL ACTION Approved on 8/10/2004 Ordinance #16062
DATE Tuesday August 10 2004
LOG NAME 12BERTLESMAN REFERENCE NO *G 14451
SUBJECT
Settlement of Claims of Shonna Bertlesman et al in the Lawsuit, Shonna Bertlesman et al v City
of Fort Worth Texas in the District Court of Tarrant County Cause No 141 194976-02 and
Adoption of Supplemental Appropriation Ordinance
N
RECOMMENDATION
It is recommended that the City Council
1 Approve the proposed settlement of the claims of Plaintiffs in this lawsuit; and
2. Authorize the payment of $48 400 in back pay with appropriate payroll withholdings and retirement
contributions to Plaintiffs with the checks made payable as follows
Bertlesman Shonna $3 500
Brackett, Benjamin E $3,300
Clay Kyle R. $3 300
Fishman Edward J $3 500
Huster Raithby $3 800
Jones, David W $4 300
Lutz, Paul $3 800
Martin Kody D $4,300
Morris Jayson $4 100
Nored James D $4 100
Salazar Joe $3 800
Sims Jr John G $3 400
Tompkins Jr Larry $3,200
3 Authorize the payment of $14 866 15 with the check made payable to Deats & Levy P C attorneys
for Plaintiffs and
4 Authorize the appropriate City representative to execute the documents necessary to complete the
settlement.
5 Authorize the transfer of $48 400 from the Property and Casualty Insurance Fund to the General Fund
and
6 Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
Logname 12BERTLESMAN Page 1 of 2
'~.d ~ v, ~ _~A
appropriations by $48 400 in the General Fund from available funds
DISCUSSION
~~
r
~~
~...
„~
Plaintiffs employees of the Fort Worth Fire Department, filed a civil service lawsuit against the City and
alleged that they were entitled to paramedic assignment pay A City ordinance allows the Fire Department
to pay $100 a month to fire fighters who are certified paramedics who are assigned by the Fire Chief as
paramedics The Plaintiffs alleged that they worked in paramedic positions filling in for other assigned
paramedics, but did not receive assignment pay The City responded that the Chief did not assign them to
the positions and that the ordinance does not require assignment pay for temporarily filling the positions
While the City denies liability in this lawsuit, the City and the Plaintiffs have reached a compromised
settlement, subject to City Council approval in which the City will pay $63 266 15 to the Plaintiffs and their
attorney to settle the lawsuit and all claims against the City
Approval of this settlement should not be construed as an admission of liability by the City 'or its officers,
agents and employees In fact, any such liability in this matter is specifically denied This settlement is
entered into only to avoid further time consuming and costly litigation
The payment of $48 400 for the back pay will be initially charged to the Fire Department`s operating budget
so that all the required withholdings can be assessed The General Fund will be subsequently reimbursed
from the Property and Casualty Insurance Fund (FE71) The payment for attorney's fees will be expensed
out of FE71
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the attached supplemental appropriation ordinance
funds will be available in the current operating budget, as appropriated of the General Fund and Insurance
Fund
TO Fund/Account/Centers
FROM Fund/Account/Centers
GG01 514010 0363510 $48.400.00
FE71 534060 0137120 $14.866.15
Submitted for City Manaaer's Office bv_
Ori inatina Department Head.
Additional Information Contact:
Joe Paniagua (6191)
David Yett (7623)
Gerald Pruitt (7616)
Logname 12BERTLESMAN Page 2 of 2