HomeMy WebLinkAboutOrdinance 16177Ordinance No /`'-'
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $67 053 44 FROM AVAILABLE
FUNDS FOR THE PURPOSE OF FUNDING THE SETTLEMENT OF CLAIMS IN
THE LAWSUIT JOHN GOTTLOB ANDREW SMITH KENT MOUTON DAVID
WISE JR. DONNIE MORTON KEVIN KEISLER, TOM MCNUTT JOHN
MCCAULEY JEFFREY A. LUCIO T A. KASTERKE DAVID COPELAND DIANE
SIMS DENNIS ALISE TONY DYESS RICHARD DOTSON AND DALLAS SEALS
CAUSE NO 153-200793-03 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 2004-2005 in the Budget of the City Manager there shall also be
increased estimated receipts and appropriations in the General Fund in the amount
of $67 053 44 from available funds for the purpose of funding the settlement of
claims in the lawsuit, John Gottlob, et al v The City of Fort Worth, Texas Cause
No 153-200793-03 in the 153`d 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 16061 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and appropriations are hereby expressly repealed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, /up~on~adoption
ADOPTED this ~ day of ~~~~~~~ I , 2004
~~
Marty Hendrix, i y Secretary
APPROVED AS TO FORM AND LEGALITY
c
Assistan ity Attorney
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/19/2004 Ordinance No 16177
DATE Tuesday October 19 2004
LOG NAME 12GOTTLOB REFERENCE NO *G-14546
SUBJECT
Settlement of Claims of Police Officers in the Lawsuit Styled John Gottlob, Andre Smith Kent
Mouton, David use, Jr Donnie Morton, Kevin Keisler Tom McNutt, John McCauley Jeffrey A.
Lucio, T.A. Kasterke, David Copeland, Diane Sims, Dennis Alise, Tony Dyess, Richard Dotson and
Dallas Seals v City of Fort Worth, Texas Cause No 153_200793-03 in the 153rd Judicial District
Court of Tarrant County Texas and Adoption of Supplemental Appropriation Ordinance
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 $67 053 44 in wages with appropriate payroll withholdings and retirement
contributions, to Plaintiffs with the checks made payable as follows.
John Gottlob $3,500 00
Andre Smith $3 500 00
Kent Mouton $3 500 00
David Wise, Jr $3 500 00
Donnie Morton $3 500 00
Kevin Keisler $3 500 00
Tom McNutt $3 500 00
John McCauley $3 500 00
Jeffrey A. Lucio $3 500 00
T.A. Kasterke $3,500 00
David Copeland $3 500 00
Diane Sims $3 500 00
Dennis Alise $3 500.00
Tony Dyess $3,500 00
Richard Dotson $9 400 49
Dallas Seals $8 652.95
3 Authorize the payment of attorneys fees in the amount of $7 500 00 with the check made payable to
Lyon Gorsky Baskett, Haring $~ Gilbert, and Cates, L.L.P attorneys for Plaintiffs and
4 Authorize the appropriate Gity representative to execute the documents necessary to complete the
settlement; and
Lo~name: 12GOTTLOB Page 1 of 2
5 Authorize the transfer of $67 053 44 from the Property and Casualty Insurance Fund to the General
Fund and
6 Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations by $67 053 44 in the General Fund from available funds.
DISCUSSION
Plaintiffs employees in the Fort Worth Police Department, filed a lawsuit against the City and alleged that
they were entitled to be compensated for performing substantial duties above the scope of their classified
positions
The City vigorously denies liability in this lawsuit. 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
Pursuant to the terms of the negotiated agreement, subject to City Council approval, the City will pay
$74 553 44 to the Plaintiffs and their attorney to settle the lawsuit and all claims against the City The
payment of $67 053 44 for wages will be initially charged to the Police 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/AccountlCenters
GG01 514010 0351000 $67,053.44 FE71 538070 0137120 $67,053.44
GG01 472071 0351000 $67,053.44 GG01 514010 0351000 $67,053.44
FE71 534060 0137120 7 500.00
Submitted for City Manager's Office b~ Richard Zavala (Acting) (6183)
Originating Department Head. David Yett (7623)
Additional Information Contact: Carolyn McFatridge (7616)
T,n~name• 12CTnTTT,OR Paoa ~ of 7