M&C Review


COUNCIL ACTION:  Approved on 1/10/2012 

DATE: 1/10/2012 REFERENCE NO.: G-17497 LOG NAME: 12DAVIDSONSETTLEMENT
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:  

Authorize Settlement of the Claim of Catherine Davidson in the Lawsuit Styled Catherine Davidson v. City of Fort Worth, Cause No. CV10-07-546 in the 271st Judicial District Court, Wise County, Texas, and Authorize Execution of Any Releases and Agreements Necessary to Complete the Settlement (ALL COUNCIL DISTRICTS)


RECOMMENDATION:

It is recommended that the City Council:

1.  Approve the below-described settlement of the referenced claim and authorize payment of $145,000.00 to Catherine Davidson and the Law Offices of Art Brender for the settlement of all possible claims related to the lawsuit styled Catherine Davidson v. City of Fort Worth, Cause No. CV10-07-546 in the 271st Judicial District Court of Wise County, Texas; and

2.  Authorize execution of any Releases and Agreements necessary to complete the settlement.

 
DISCUSSION:

Catherine Davidson is a former City of Fort Worth (City) employee whose employment with the City was terminated in February 2010.  Ms. Davidson sued the City in District Court in Wise County, Texas, alleging that the reason for her termination violated the Texas Whistleblower Act, Texas Government Code Chapter 554.  The City expressly denies all of Ms. Davidson's allegations.

The City and Ms. Davidson have reached an Agreement for the purpose of settling the claim that arose out of her discharge, and all other claims that she has or may have against the City.  While the City denies liability in this lawsuit, the City and Ms. Davidson have reached a settlement, subject to City Council approval, in which the City will pay $145,000.00 to Ms. Davidson and her attorney to settle the lawsuit and all claims Ms. Davidson has asserted, or could have asserted, 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, and to buy peace.

 
FISCAL INFORMATION/CERTIFICATION:

The Financial Management Services Director certifies that the funds required for this expenditure are available in the current operating budget, as appropriated, of the Risk Management Fund.


 
TO Fund/Account/Centers
 
FROM Fund/Account/Centers
FE71  534050  0137120   $145,000.00

Submitted for City Manager's Office by:
Susan Alanis (8180)
Originating Department Head:
Sarah Fullenwider (7606)
Additional Information Contact:
Jo Ann Rowls (7784)
Christopher A. Troutt (7609)

 
 
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