HomeMy WebLinkAbout20306I ORDINANCE NO. 20,306
2
3 AN ORDINANCE TO DISPENSE WITH THE REQUIREMENT OF
4 COMPETITIVE BIDS; TO AUTHORIZE THE CITY MANAGER TO MAKE
5 PAYMENTS FOR AN EXPERT WITNESS IN CITY FAIR LABOR
6 STANDARDS ACT LITIGATION; TO DECLARE AN EMERGENCY; AND
7 FOR OTHER PURPOSES.
8
9 WHEREAS, the City has been named a defendant in the case of Thomas J. Musticchi, Individually
10 and on behalf of all other similarly situated Little Rock Arkansas Police Officers vs. The City of Little
11 Rock, Arkansas, U.S. District Court (E.D. Ark.), No. 4 -08 -CV -0419 SWW, which alleges that the City is
12 required to pay overtime compensation pursuant to the Fair Labor Standards Act for the time that
13 uniformed police officers spend to put on and take off their uniforms and equipment; and,
14 WHEREAS, this type of litigation requires careful review of relevant employment information for
15 the involved department, and to make certain analyses of this information; and,
16 WHEREAS, the City does not have the expertise to perform this task, so after consultation with
17 various attorneys who practice in this area it was determined that Mr. Paul White of ERS Group had
18 extensive experience in this area; and,
19 WHEREAS, typically the City is able to hire expert witnesses through its participation in the
20 Arkansas Municipal League Legal Defense Program, but the nature of this case takes it outside such
21 coverage; and,
22 WHEREAS, the professional fees for this expertise has been increased because many of the City's
23 records were not in a format that could be easily transferred to a digital, or electronic, format for analysis;
24 and,
25 WHEREAS, it has become apparent that the costs for the expert witness will exceed the authority the
26 City Manager has to approved contracts;
27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
28 OF LITTLE ROCK, ARKANSAS:
29 Section 1. Because of the need to engage an expert witness with special expertise with the legal
30 issues raised in the case of Thomas J Musticchi, Individually and on behalf of all other similarly situated
31 Little Rock, Arkansas Police Officers vs. The City of Little Rock, Arkansas, U.S. District Court (E.D.
32 Ark.), No. 4 -08 -CV -0419 SWW, makes it impractical and unreasonable to competitively bid for such
33 services, the Board of Directors waives the requirement of competitive bidding and authorizes and ratifies
34 the selection of Paul White, Ph.D., of the ERS Group.
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ordinance ro di :pens, with cnmpeaave bids and authorlu the
selection of Dr. Paul white and the ERS Craup as an expert
witness
I Section 2. The City Manager is authorized to make payment on all bills to date, and all future
2 payment, for the professional expert services of Dr. White.
3 Section 3. If successful in the litigation, the City Attorney is directed to seek the reimbursement of
4 these costs from the plaintiffs in this litigation.
5 Section 4. The current outstanding charges total seventy one thousand five hundred and forty four
6 dollars ($71,544.00).
7 Section 5. The City Manager and Director of Finance and Treasurer are directed to identify
8 appropriate the accounts from which these payments shall be made.
9 Section 6. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph,
10 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
11 unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this
12 ordinance, as if such invalid or unconstitutional provision was not originally a part of this ordinance.
13 Section 7. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this
14 ordinance are hereby repealed to the extent of such inconsistency.
15 Section 8. Emergency Clause. The need properly to represent the interests of the City in
16 complicated litigation in order to assure that public monies are properly spent, is essential to the public
17 health, safety and welfare; in the litigation noted above, the need for an expert witness is required to
18 fulfill this public purpose, as is the need to rates all existing and future payments for the services of this
19 witness; an emergency is, therefore, declared to exist and this Ordinance shall be in full force and effect
20 from and after the date of its passage.
21 DATE: August 17, 2010
22 ATTEST: APPROVED:
23 // / /�,y
24 25 Susan ainey, City Clerk Mark Stodola, Mayor
26
27 APPROS TO LEGAL FORM:
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31 Thomas M. Carpenter, City orney
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Ordinance to dispense with competitive bids and authorise the
selection of Dr. Paul While and the ERS Group as an expert
witness