TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, City Attorney
FROM: Erin Swinney, Police Attorney
Joshua Hall, Police Attorney
DATE: June 24, 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 1: Safe and Secure Community
Executive Summary:
The purpose of this agenda item is to receive authorization from the City Council to provide legal representation for City employees Timothy Rugg and Zacharius Borom in the matter of Estate of Jada Johnson, L.J., the minor daughter of Jada Johnson, Richard Iwanski, and Maria Iwanski v. City of Fayetteville, Sergeant Timothy Rugg, Officer Zacharius Borom, 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 occurred.
Background:
Timothy Rugg and Zacharius Borom are employed by the City of Fayetteville Police Department as a Sergeant and an Officer. They have been named as defendants in a lawsuit filed by the Estate of Jada Johnson, who alleges various 42 U.S.C. ? 1983 claims arising from an encounter with Ms. Johnson on or about July 1, 2022. Sergeant Rugg and Officer Borom 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. The City has been dismissed from the case and the officers remain defendants in their individual capacities. The employees renewed their requests for legal representation in January 2024.
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...
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