TO: Mayor and Members of City Council
THRU: Karen M. McDonald, City Attorney
FROM: Michael R. Whyte, Police Attorney
DATE: October 24, 2022
RE:
Title
Request for Legal Representation of City Employee
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 employee Christopher Biggerstaff in the matter of William R. Harris, Individually and as Administrator of the Estate of Christine Alease Harris v. Jonathon Ramon Fambro, NC Special Police LLC, Christopher Biggerstaff and the City of Fayetteville. The employee was acting within the scope and course of his employment with the City when the alleged incident occurred.
Background:
Christopher Biggerstaff is employed by the City of Fayetteville Police Department as a Police Specialist. He has been named as a defendant in a lawsuit filed by William R. Harris, in reference to a fatal motor vehicle accident he investigated on or about September 22, 2020. Police Specialist Biggerstaff was acting within the scope and course of his employment with the City when the incident occurred. He has 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 Police Specialist Christopher Biggerstaff in the matter of William R. Harris v. Jonathon Ramon Fambro et al.
Attachments:
No Attachments