TO: Mayor and Members of City Council
THRU: Karen M. McDonald, City Attorney
FROM: Michael R. Whyte, Police Attorney
DATE: May 23, 2022
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 Gina V. Hawkins and Nicholas Wrench in the matter of Regine Monigold and Normalita Andres v. Nicholas Scott Wrench, Gina V. Hawkins and 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:
Nicholas Wrench is employed by the City of Fayetteville Police Department as an officer and Gina V. Hawkins is employed by the City of Fayetteville Police Department as the Chief of Police. They have been named as defendants in a lawsuit filed by Regine Monigold and Normalita Andres, who allege personal injuries that arose from a vehicle accident involving Officer Wrench on July 31, 2017. Officer Wrench was acting within the scope and course of his employment with the City when the incident occurred, and Chief Hawkins was not employed by the City of Fayetteville at the time of the vehicle accident. 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 Officer Nicholas Wrench and C...
Click here for full text