FORT WORTH, Texas — The City of Fort Worth city council unanimously approved a $9.6 million settlement in the wrongful termination lawsuit filed by former Fort Worth Police Chief Joel Fitzgerald and two I.T. employees. Both sides agreed to settlement terms produced by a mediator early last month, attorneys for Fitzgerald said.
Fitzgerald's legal team, which also represents Ronald Burke and William Burchett, entered mediation talks on July 3, 2024. However, the terms of the agreement still had to be approved and voted on by the Fort Worth City Council which just restarted its regular meetings. Fitzgerald's attorneys filed a wrongful termination lawsuit on June 6, 2019.
Councilmember Chris Nettles commented on the matter following the council's vote.
Fort Worth Mayor Mattie Parker didn't discuss the issue during Tuesday's council meeting, but issued the following statement on X:
“It is both exhausting and unnecessary to continue discussing an individual who has not been employed by the city for over five years. Protracted litigation in Dallas hasn't been productive and it is time to leave this where it belongs-- in the past.”
"I'm glad we were able to get to a settlement and move forward," Nettles said.
Fitzgerald issued a statement after the city approved the settlement:
“This was always about demonstrating integrity, and moreover, clearing my name. After five long years I would just like to continue my career without the stigma associated with the city’s termination memo and this settlement speaks to that issue. I would have loved to finish my career serving Ft. Worth as chief of police, but the reality is that sometimes doing the right thing when no one is looking is tough, and there are repercussions. You only have limited opportunities in life to uphold your family name and this was mine.”
"It was an exhausting process over the past five years," Fitzgerald's attorney Stephen Kennedy said before Tuesday's council meeting. "Now, it's up to the city council to follow the advice of their attorneys and legal counsel to bring all of this to resolution."
The lawsuit claims city leaders fired Fitzgerald for disclosing illegal practices involving access to the FBI's Criminal Justice Information Systems database. The City has denied the allegations.
Fort Worth has spent taxpayer dollars to pay more than $1 million in legal fees fighting the lawsuit. Earlier this year, the city council voted 10-1 to approve an additional $1.1 million in legal fees to continue contesting the lawsuit.
The settlement agreement includes an undisclosed amount to be paid to Fitzgerald sources told WFAA. The original settlement conditions arbitrated by the mediator have not been made public. His annual salary as Chief of Police in Fort Worth was set at $205,000 in 2015 according to city records. It was considered a competitive salary for a police chief of a major metropolitan city.
Kennedy represents two other former city employees considering settlements. William Birchett would get $2.4 million, and Ronald Burke has a settlement agreement for $2 million. The council's decision would come after a majority voted to spend millions in legal fees fighting the lawsuit.
In most cases, Fort Worth District 8 Councilman Chris Nettles was the only one voting no when it came to money being paid to continue legal fees to fight the lawsuit. The most recent vote involved paying outside counsel an additional $1.1 million in legal fees.
"This case should have been settled from the first time he filed it. I am excited that our attorneys have been able to work with their attorneys to get a settlement," said Nettles.
The settlement comes as Fort Worth City Manager David Cooke presents the council with his 2025 Budget recommendations. Cooke shared that payments for the settlements will come from the city's Risk Management Funds. Either way, Cooke admits, when it comes to paying out millions for lawsuits, it has an impact on their bottom line.
"I think it's significant when you think about the settlement involving the three employees," said Cooke, "It is not an insignificant number."
Attorney Stephen Kennedy said after the settlement agreements are approved by the council, both sides will present the agreement to a judge. Despite Fitzgerald's 2019 termination and his multi-million-dollar settlement, the city admits no wrongdoing.
Cooke will retire from his position in February 2025. He said he believes his successor will have a tremendous opportunity to lead Fort Worth worry-free once the lawsuit agreements are all finalized and off the books.
Today, as the Police Chief for the Regional Transportation District in Denver, he earns an annual salary of $250,000. Though, Fitzgerald is currently on leave from his RTD position pending an investigation from an outside party over policy violations, according to RTD. RTD told WFAA Chief Fitzgerald was put on leave on July 1. The department refused to delve into what the specific policy violations were, but issued the following statement:
"As a public agency, RTD expects its employees to conduct themselves professionally and adhere to all policies and procedures. RTD is committed to understanding the facts surrounding activities that may be inconsistent with policies and procedures to ensure an appropriate response is applied. "
During his time as Police Chief in Waterloo, Iowa, Fitzgerald received a four-year contract with an annual salary of $165,000, making him the second highest-paid police chief in Iowa at the time.
Fitzgerald's attorneys acknowledged the existence of a proposed agreement. A Fort Worth spokesperson confirmed that council members would confer with city attorneys about the case in executive session once their regular meeting calendar restarted on August 6, 2024.
City leaders also approved two other settlements, including a $825,000 settlement with the family of 72-year-old Jerry Waller, who was killed by Fort Worth PD in 2013 after they mistook his home for someone else’s.
A third settlement was approved in a 2021 case involving a Fort Worth PD vehicle that collided with a vehicle driven by Christopher Childers, who died.