TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, Interim City Attorney
FROM: Michael R. Whyte, Police Attorney
DATE: November 13, 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 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 Ramon Herrera and former City employee Janet Olsen in the matter of Markus Odon McCormick v. Sheriff Ennis Wright, Deputy Sheriff Jamie McLeod, Officer Ramon Herrera, Janet Olsen, 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:
Ramon Herrera is employed by the City of Fayetteville Police Department as a Detective and Janet Olsen 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 the Cumberland County Sheriff's Office on December 11, 2020, and with the Fayetteville Police Department on December 21, 2020. Detectives Herrera and Olsen 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 rep...
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