TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, Interim City Attorney
FROM: Joshua E. Hall, Police Attorney
DATE: March 25, 2024
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 City Council to provide legal representation for current City employees Don Bell, Krista Zentner, and Ashley Wolford in the matter of Sheila Lee v. City of Fayetteville, Officer Molly O’Hara, in her individual and official capacity, Officer Richard J. Rodriguez and Officer Don Bell, in their individual and official capacities, Krista Zentner and Ashley Wolford, in their individual and official capacities, Gina Hawkins, in her official capacity as Chief of Police for City of Fayetteville, and Mitch Colvin, in his official capacity as Mayor of City of Fayetteville. The employees were acting within the scope and course of their employment with the City when the alleged incident(s) occurred.
Background:
At the March 14, 2024, City Council meeting, Council authorized legal representation of the named City defendants in the complaint filed on December 22, 2023. The plaintiff filed an amended complaint on March 5, 2024, naming three additional City defendants-Don Bell, Krista Zentner, and Ashley Wolford. Don Bell is employed by the City of Fayetteville Police Department as a Sergeant and Krista Zentner and Ashley Wolford are employed by the City of Fayetteville Police Department as Detectives. The lawsuit filed by Sheila Lee alleges various 42 U.S.C. § 1983 claims arising from an encounter with the Fayetteville Police Department on December 25, 2020. Sergeant Don Bell and Detectives Krista Zentner and Ashley Wolford 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 Sergeant Don Bell and Detectives Krista Zentner and Ashley Wolford in the matter of Sheila Lee v. City of Fayetteville, et al.
Attachments:
Request for Legal Representation - Don Bell
Request for Legal Representation - Krista Zentner