HomeMy WebLinkAbout2013 14_Retaining Legal Services Ross vs. City_2013.09.17CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2013-14
APPROVED B COON
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA
RETAINING LEGAL SERVICES TO DEFEND THE CITY OF OWASSO AND AUTHORIZING
THE FILING OF ALL APPROPRIATE COUNTERCLAIMS ON BEHALF OF THE CITY OF
OWASSO.
WHEREAS, the City of Owasso, Oklahoma, has been named in a lawsuit, CV-2013-00898,
Patrick D. Ross v. City of Owasso, wherein a number of claims have been made challenging
actions taken by the elected officials of the City;
WHEREAS, the City is required to respond to and defend the lawsuit filed by Plaintiff Ross, and
is required to assert all claims it may have related to the issues raised by Mr. Ross, in this action;
WHEREAS, approval of this resolution is in the best interest of the residents of the City of
Owasso.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, as
follows:
David L. Weatherford of the firm Birmingham, Morley, Weatherford & Priore is retained by the City
to represent the City in the lawsuit Patrick D. Ross v. City of Owasso, Tulsa County Case No. CV-
2013-00898, and is authorized to file appropriate counterclaims against Mr. Ross for:
a. Violation of his oath of office by disclosing privileged information obtained
during confidential discussions of the City Council and with legal counsel of the
City, all without authorization of the full City Council;
b. A determination that the personnel records of the City are to be maintained
as confidential pursuant to the Open Records Act;
c. A determination that there have been no Open Meeting Act violations by the
City;
d. The recovery by the City from Mr. Ross of damages, costs and attorneys fees
for false allegations, an abuse of process, and use of the Court system for political
gain, rather than for legitimate, lawful purposes.
Dated this 3,d day of September, 2013
~r41 u V0,ebrake, Mayor
ATTEST: oprICIAL
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Sherry BishEp, City Cler
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Approved as to Form:
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J e Lombardi, City Attorney
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TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
SUBJECT: Resolution 2013-14 retaining legal services to defend the City of Owasso and
authorizing the filing of appropriate counterclaims in the litigation styled Patrick D.
Ross v. The City of Owasso, CV-2013-00898.
DATE: August 30, 2013
BACKGROUND:
On August 6, 2013, a lawsuit was filed by Councilor Patrick D. Ross in the District Court of Tulsa
County against the City of Owasso alleging violations of the Open Meeting Act and the Open
Records Act. Service of process was made upon the City on or about August 28, 2013, and an
Answer to the Plaintiff's Petition is due to be filed by the City within twenty (20) days. Counsel for
the City of Owasso has recommended that the City assert various counterclaims against the
Plaintiff as a part of its defense.
RECOMMENDATION:
Staff recommends the City Council approve Resolution 2013-14 retaining David Weatherford to
defend the City of Owasso in the litigation styled as Patrick D. Ross v. The City of Owasso, CV-
2013-00898, District Court of Tulsa County, and authorizing the filing of appropriate counterclaims
against the Plaintiff on behalf of the City of Owasso.
ATTACHMENT:
Proposed Resolution 2013-14