TO: Mayor and Members of City Council
THRU: Karen M. McDonald, City Attorney
FROM: Michael R. Whyte, Police Attorney
DATE: January 9, 2023
RE:
Title
Request for Legal Representation of City Employees
end
COUNCIL DISTRICT(S):
Council District(s)
All Districts
b
Relationship To Strategic Plan:
Goal V: Financially Sound City Providing Exemplary City Services
Executive Summary:
The purpose of this agenda item is to receive authorization from the City Council to provide legal representation for City employees Amanda Bell and Ryan Haddock in the matter of Ja’Lana Dunlap-Banks v. Fayetteville Police Department, City of Fayetteville, Officer Ryan Haddock, Detective Amanda Bell and John and Jane Doe’s 1-100, City of Fayetteville employees and police officers. The employees were acting within the scope and course of their employment with the City when the alleged incident(s) occurred.
Background:
Ryan Haddock and Amanda Bell are employed by the City of Fayetteville Police Department as Detectives. They have been named as defendants in a lawsuit filed by Ja’Lana Dunlap-Banks, who alleges various 42 U.S.C. § 1983 claims arising from an encounter with Ms. Dunlap-Banks on or about September 6, 2022. Detectives Bell and Haddock were acting within the scope and course of their employment with the City when the incident occurred. They have requested legal representation pursuant to N.C.G.S. § 160A-167, which provides for the defense of an employee based on acts done within the course and scope of employment.
Issues/Analysis:
No known issues.
Budget Impact:
Unknown at this time.
Options:
1. Authorize the request for legal representation.
2. Reject the request for legal representation.
3. Provide additional direction to staff.
Recommended Action:
Staff recommends that Council move to authorize the City to provide legal representation for Detective Amanda Bell and Detective Ryan Haddock in the matter of Ja’Lana Dunlap- Banks v. Fayetteville Police Department, City of Fayetteville, Officer Ryan Haddock, Detective Amanda Bell and John and Jane Doe’s 1-100.
Attachments:
No attachments.