TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, Interim City Attorney
FROM: Joshua E. Hall, Police Attorney
DATE: March 14, 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 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 Mitch Colvin, City employee Molly O’Hara and former City employees Richard Rodriguez and Chief Gina Hawkins in the matter of Sheila Lee v. City of Fayetteville, Officer M. O’Hara, in his individual and official capacity, Officer Rodriguez, in his individual and official capacity, and John Does 1-3, in their individual and official capacities, Gina Hawkins, in her official capacity as Chief of Police for City of Fayetteville, and Mitch Colvin, in his official capacity as Mayor of 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:
Mitch Colvin is the Mayor of Fayetteville, Molly O’Hara is employed by the City of Fayetteville at the Police Department as a Detective and Richard Rodriguez and Gina Hawkins were formerly employed with the City of Fayetteville at the Police Department as a Police Officer and Chief of Police, respectively. They have been named as Defendants in a lawsuit filed by Sheila Lee, who alleges various 42 U.S.C. § 1983 claims arising from an encounter with the Fayetteville Police Department on December 25, 2020. Detective O’Hara, Officer Rodriguez, and the John Doe Officers 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 Mayor Colvin, Detective O’Hara, former Officer Richard Rodriguez, and former Chief of Police Gina Hawkins in the matter of Sheila Lee v. City of Fayetteville, et al.
Attachments:
None