It is recommended that the City Council:

1. Adopt the attached resolution ratifying the lawsuit filed by the City against Shea O'Neill, entitled City of Fort Worth v. Shea O'Neill, Cause number 348-292450-17, in Tarrant County, Texas; and

2. Authorize the payment of court costs.

On July 23, 2015, Shea O'Neill, a Fort Worth firefighter, was indefinitely suspended for violations of Civil Service Rules and Fire Department regulations after his arrest for assaulting an elderly man during a TCU football scrimmage. Mr. O'Neill appealed his indefinite suspension. On May 24^th, the hearing examiner, AlmaLee Guttshall, ruled that O'Neill, should be allowed to go back on duty with back pay, minus earnings from any job he's held since his suspension began in July 2015, and have benefits and seniority restored.

The City is appealing the decision of Ms. Guttshall pursuant to Texas Local Government Code 143.057(j) on the grounds that: a) the hearing examiner rendered a decision procured by unlawful means by considering evidence not presented at the hearing; and b) the hearing examiner exceeded her jurisdiction to the extent that perceived due process violations compelled her reinstatement of O'Neill.

The lawsuit requests that the District Court void the hearing examiner's order and render judgment in favor of the City by upholding the indefinite suspension.

This M&C does not request approval of a contract with a business entity.