Hearing for fired Fort Worth police chief Fitzgerald delayed

A hearing scheduled for Thursday in Dallas where fired Fort Worth police chief Joel Fitzgerald planned to seek immediate reinstatement and back pay has been pushed back,his Dallas attorney, Stephen Kennedy, said.

A temporary restraining order, granted by Judge Gina Slaughter, preventing the city from hiring a new chief, was also extended.

A date has not been chosen, though it is likely be Aug. 13, according to court staff.

The hearing was to have included testimony from police officials who witnessed a Washington, D.C., incident that city administrators referenced in Fitzgerald’s firing. Fitzgerald was also expected to present his grievances about the way his termination was handled.

Kennedy has asserted that Fitzgerald was fired because reported that the city was not in compliance with federal Criminal Justice Information System regulations and destroyed information relevant to his investigation. Kennedy also is representing Fitzgerald in a whistleblower lawsuit filed against the city.

In a letter to city attorneys dated Monday, Kennedy said Fitzgerald would continue his corruption investigation if reinstated and made a second demand that city attorneys “meet and confer” regarding Fitzgerald’s reinstatement.

The city’s firing of Fitzgerald was improper, Kennedy has said. He contends the only the city manager can fire a department head, who are entitled to a public hearing in the City Charter. Assistant City Manager Jay Chapa, who oversees the police department, fired Fitzgerald.

Though the restraining order prevents the city from hiring a permanent chief for the time being, city officials have said they have no plans to open the position until at least October. Several other senior staff positions, including a new civilian police monitor and a chief equity officer, will be hired first.

This story was originally published July 30, 2019 at 5:00 PM with the headline "Hearing for fired Fort Worth police chief Fitzgerald delayed."