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Home My WebLink About17098 1 RESOLUTION NO. 17,098 2 3 A RESOLUTION TO AUTHORIZE THE SETTLEMENT OF 4 OUTSTANDING ATTORNEYS' FEES AND COSTS CLAIMS ARISING 5 FROM THE CIVIL SERVICE COMMISSION APPEALS OF BRAD TUBBS, 6 CHARLES PHILLIPS, AND PATRICK PITTS; TO AUTHORIZE 7 PAYMENT OF ATTORNEYS' FEES AND COSTS IN THE AMOUNT OF 8 ONE HUNDRED FIFTY-ONE THOUSAND FIVE HUNDRED THIRTY- 9 TWO DOLLARS AND SIXTY-NINE CENTS ($151,532.69); AND FOR 10 OTHER PURPOSES. 11 12 WHEREAS,pursuant to Little Rock Resolution No. 16,986,adopted March 3,2026,the Board of 13 Directors approved settlement agreements resolving three separate Civil Service Commission appeals 14 styled Brad Tubbs v. City of Little Rock, Case No. 60CV 21-1995; Charles Phillips v. City of Little Rock, 15 Case No. 60CV-21-2402; and Patrick Pitts v. City of Little Rock,Case No. 60CV 22-4002;and, 16 WHEREAS, the settlement agreements approved by Resolution No. 16,986 expressly provided 17 that the settlement payments were exclusive of attorneys'fees and costs and further provided that the parties 18 would attempt to negotiate in good faith to resolve outstanding claims for attorneys' fees and costs, with 19 any unresolved issues to be submitted to the Court for determination; and, 20 WHEREAS,on August 8, 2025,Appellants filed a Motion for Supplemental Attorneys'Fees and 21 Costs, and on May 4, 2026, filed an Amended Motion for Attorneys' Fees and Costs seeking recovery of 22 attorneys' fees and litigation expenses incurred throughout the course of the litigation, including the 23 additional proceedings occurring during the final year of the Tubbs litigation;and, 24 WHEREAS, the City Attorney's Office has reviewed the billing records and supporting 25 documentation submitted in support of the motions and has determined that the fees and costs claimed are 26 reasonable and were incurred in connection with extensive discovery, depositions, motion practice, 27 additional hearings, appellate proceedings, and a three-day trial conducted during the course of the 28 litigation; and, 29 WHEREAS, the City Attorney's Office did not identify any inappropriate billing entries, 30 unreasonable charges,or otherwise unallowable fees or costs;and, 31 WHEREAS,the parties have reached an agreement to resolve all remaining claims for attorneys' 32 fees and costs in the combined amount of One Hundred Fifty-One Thousand Five Hundred Thirty-Two [Page 1 of 3] 1 Dollars and Sixty-Nine Cents ($151,532.69), thereby avoiding further litigation expenses, additional 2 attorney time,and the uncertainty associated with a judicial determination of the pending fee motions;and, 3 WHEREAS,the Board of Directors finds that settlement of the remaining attorneys'fees and costs 4 claims is in the best interest of the City. 5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE 6 CITY OF LITTLE ROCK,ARKANSAS: 7 Section 1. The Board of Directors hereby approves the settlement and payment of all remaining 8 claims for attorneys'fees and costs arising from Brad Tubbs v. City of Little Rock,Case No.60C V-21-1995; 9 Charles Phillips v. City of Little Rock, Case No. 60CV-21-2402; and Patrick Pitts v. City of Little Rock, 10 Case No. 60CV 22-4002. 11 Section 2. The City Manager is authorized to execute any documents necessary to effectuate the 12 settlement and to authorize payment in the total amount of One Hundred Fifty-One Thousand Five Hundred 13 Thirty-Two Dollars and Sixty-Nine Cents ($151,532.69) to counsel for the Appellants, or as otherwise 14 required by the settlement agreement. 15 Section 3. The payment authorized herein shall constitute full and final settlement of all pending 16 claims for attorneys' fees and costs asserted by the Appellants in the above-referenced litigation through 17 the date of execution of the settlement agreement. 18 Section 4. Funding for this settlement shall be paid from account number 101002-63390. 19 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, 20 phrase,or word of this resolution is declared or adjudged to be invalid or unconstitutional,such declaration 21 or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 22 effect a if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 23 ordinance. 24 Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent 25 with the provisions of this resolution are hereby repealed to the extent of such inconsistency. 26 ADOPTED: July 7,2026 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 II [Page 2 of 3] 1 ATTEST: APPROVED: 2 3 4 AR/0111 ft,k--- Ire--N ---) 5 Allison Segars,City erk Frank Scott,Jr.,Mayor 6 APPROVED AS TO LEGAL FORM: 7 04.4.1.4,..42 0.,v4. 8 . 9 Thomas M.Carpenter,City Attorney 10 // 11 // 12 // 13 // 14 /I 15 // 16 // 17 // 18 // 19 // 20 1/ 21 // 22 // 23 // 24 /I 25 // 26 // 27 // 28 1/ 29 // 30 // [Page 3 of 3]