TO: Mayor and Members of City Council
THRU: Karen M. McDonald, City Attorney
FROM: Michael R. Whyte, Police Attorney
DATE: February 27, 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 5: Have unity of purpose in its leadership and sustainable capacity within the organization.
Executive Summary:
The purpose of this agenda item is to receive authorization from the City Council to provide legal representation for City employees Sasha Warren (formerly Sasha Graham) and Joshua Bass as well as former City employee Kelton Glorfield in the matter of Markus Odon McCormick v. City of Fayetteville, Sasha Graham, Joshua Bass and Kelton Glorfield. The employees were acting within the scope and course of their employment with the City when the alleged incident(s) occurred.
Background:
Sasha Warren and Joshua Bass are employed by the City of Fayetteville Police Department as Police Officers, and Kelton Glorfield was formerly employed with the City of Fayetteville as a Detective. They have been named as defendants in a lawsuit filed by Markus McCormick, who alleges various 42 U.S.C. § 1983 claims arising from an encounter with all of the officers on or about February 4, 2019. Officers Warren and Bass and former Detective Glorfield 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 Officers Warren and Bass as well as former Detective Glorfield in the matter of Markus Odon McCormick v. City of Fayetteville, Sasha Graham, Joshua Bass and Kelton Glorfield.
Attachments:
No Attachments