Fort Worth approves $9.6 million settlement with former police chief and IT workers
The Fort Worth City Council voted unanimously to approve a settlement with a former police chief and two IT workers.
Former Chief Joel Fitzgerald and former IT workers William Birchett and Roland Burke were all fired in 2019, but sued the city alleging their firings were retaliation for blowing the whistle on alleged city corruption.
All three have agreed to drop their claims against the city in exchange for Fitzgerald getting $5.2 million, Birchett geting $2.4 million and Burke getting $2 million, according to documents released as part of the Fort Worth City Council’s Aug. 13 meeting agenda.
Fort Worth city council member Chris Nettles thanked the city attorney’s office saying the settlement will help the city move forward speaking at Tuesday’s council meeting.
In a statement after the vote, Nettles said the council righted a wrong that occurred during Fitzgerald’s termination, while also noting a majority of the council wasn’t in office when the former chief was fired.
“From day one, I have advocated for settling this lawsuit to prevent further waste of our residents’ tax dollars on prolonged litigation. I’m glad we can finally move forward and focus on the future of our city,” Nettles said.
Mayor Mattie Parker did not comment at Tuesday’s council meeting, but in a statement released after the vote contrasted Fitzgerald’s tenure with that of current police chief Neil Noakes.
“Watching Chief Noakes and his command staff work under intense pressure and heartbreaking circumstances yesterday was nothing short of phenomenal,” Parker said, adding its a reminder of the pride residents should have in their police department.
Parker didn’t mention Fitzgerald by name, but said it was, “exhausting and unnecessary to continue discussing an individual who has not been employed by the city for over five years.”
“Protracted litigation in Dallas hasn’t been productive and it is time to leave this where it belongs — in the past,” she said.
A Dallas jury awarded Burke more than $1 million in April over his wrongful termination case, however, the city still had the opportunity to appeal.
Birchett’s case was slated to go to trial in July, followed by Fitzgerald in October.
Fort Worth previously allocated $2 million for outside attorneys to fight Fitzgerald’s case.
Fitzgerald was hired as Fort Worth’s police chief in 2015. However, according to a letter from City Manager David Cooke, an “increasing lack of good judgment,” his mismanagement of the police department’s budget and his relationships with other city department heads led to Fitzgerald’s firing in May 2019.
The Texas Workforce Commission, however, ruled in July 2019 that there was no evidence Fitzgerald had committed work-related misconduct, and in May 2020 a court ordered the city change his discharge designation to honorable.
Fitzgerald has pointed to the fact that his firing came hours before he was scheduled to meet with federal investigators over concerns the city had violated the Criminal Justice Information Systems Act. He alleged city employees lied about the city being in compliance with regulations needed to access a federal law enforcement database, and that the employees destroyed evidence to cover it up.
Fitzgerald unsuccessfully sued to stop the city from hiring his replacement.
He now works as the chief of police and emergency management for the Regional Transportation District in Denver. He has, though, been on leave from that position since July 1 while an outside investigator looks into “policy violations.”
The council also approved an $825,000 settlement with the family of Jerry Waller, a 72-year-old Woodhaven man killed by police in 2013 after police mistook his home for the one across the street.
Police claimed at the time they shot Waller after he refused to comply with officer commands, but his family retorted officers were shining flashlights in the 72-year-old’s face, and argued Waller was just trying to defend his home.
Art Brender, the attorney representing Waller’s family, commended the city council for agreeing to the settlement, in a written statement to the Star-Telegram.
“A number of city councils over the last 11 years, during which time Kathy Waller, Jerry’s wife died, have passed on this case,” Brender said in his statement, adding “this council did what’s right.”
This story was originally published August 13, 2024 at 6:49 PM.
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