Attorney advises council to deny settlement offer
Municipal League representing city in suit filed by former police officer
Members of the Forrest City City Council on Tuesday heard an update on a lawsuit filed earlier this year against the city and FC Police Chief Deon Lee.
Brie Gibson, a litigation attorney with the Arkansas Municipal League, provided the update on the lawsuit filed in January in the U.S. District Court Eastern District of Arkansas Delta Division by former police officer Deborah Dowdy, claiming employment discrimination on the basis of sex.
Gibson told the group that all eight council members are required to attend a settlement conference next month in Little Rock if a settlement is not reached before then.
Forrest City Mayor Cedric Williams opened the meeting by telling the council the city received a settlement offer this week, before allowing Gibson to discuss the case with the council.
"I mentioned in a prior meeting we received a settlement conference case for Thursday, Aug. 25, in Little Rock," said Williams. "We received an actual settlement offer yesterday and Gabrielle Gibson will come and give an explanation of where we are now and a recommendation moving forward."
"As the mayor said, my name is Gabrielle Gibson. I go by Brie. I am an attorney at the Arkansas Municipal League and I represent the city and Chief (Deon) Lee in the lawsuit that was brought by Mrs. Deborah Dowdy," said Gibson.
Gibson said a judge in the case issued an order requesting Dowdy supply the city with an offer, “which she did yesterday, per her counsel,” she said.
Gibson told the council the initial offer is for the city to pay $126,190.57 to settle the case.
According to the lawsuit, Dowdy had filed a complaint against the city and Lee in his individual and official capacities citing harassment, discrimination and inequitable treatment based on her sex.
She also told the council, per the judge’s statement, that the city is required to submit a “counteroffer” by Aug. 1.
"As counsel for the city, I do not comment on pending litigation," said Gibson, who added she would provide her card to each council member in case they had individual questions about the settlement conference.
"After reviewing this case, so far, as your counsel, I advise you to reject the initial offer from the plaintiff and allow me to go back to the plaintiff's counsel and engage in settlement negotiations to get a number that I think is reasonable and that I would recommend you should accept," said Gibson.
Gibson further stated the “counter-offer” would also require the council to hold a special meeting.
"However, if we could resolve this case prior to the settlement conference, that would save you guys a trip to Little Rock," said Gibson.
Gibson said the case has an initial "reservation of rights coverage."
She explains that this coverage means the Municipal League pays for the defense only. “In this case, it is an employment case, so I have the opportunity to appeal coverage to the Arkansas Municipal League," said Gibson. "Because it is an employment case, it can get 50/50 monetary coverage, meaning if there is a settlement or a judgment in this case, then the Arkansas Municipal League would pay 50% and the city would pay the other 50%."
Gibson said she had appealed the case to the AML and that the case has the 50/50 monetary coverage.
"With one condition," said Gibson. "That there is going to be a training that the League attorneys will put on for the city, which will be city-wide on Sept. 13 at the Forrest City Civic Center."
Gibson said the training for city employees would last about four hours.
The council voted unanimously to reject the initial settlement offer and allow Gibson to continue negotiations.
In other business, Williams told the council that Eudora Mayor Tamika Butler had reached out to fellow Arkansas cities, requesting aid for her city.
"They have been under a boil order since May 19," Williams explained. "They have help coming from the governor's office and National Guard, but the parts they need are on back order and they do not know when they are getting in."
Williams explained that the city needs donations of water, either by the case or in jugs for that city’s residents to drink.
"Especially for the elderly in Eudora," said Williams.
He said the National Guard would be deliver portable water tanks for residents to fill containers but many of the elderly are unable to make it to the staging area for those tanks.
“We will be having a collection here, and we have an individual willing to deliver it once we get everything on Friday, July 22," said Williams.
Councilman Danny Capps asked about the population of Eudora, to which Williams replied probably 2,000 to 3,000 people.
"Will they be leaving Friday morning or Saturday to deliver?" asked councilman Rev. Ronald Williams.
"We are having the deadline to bring items to city hall be this Friday with delivery to be sometime next week," replied Williams.
He told the council donations would be taken to city hall in Eudora where their first responders would then distribute the items based on need.
The council also approved granting the mayor permission to bid asphalt and milling work for more city streets and to seek RFQs for the baseball and softball field renovations at the Sports Complex.
Capps asked if the request for qualifications would be for an overseer or a general contractor for the project.
Williams explained it is for an expert in artificial turf, similar to what the high school hired when installing its new field and track.
"We are looking for an individual that is an expert in the field of artificial turf to come in and oversee all the different aspects of that," said Williams.
"Will this come out of the bond money?" asked Capps, to which Williams answered “yes.”
"Could the company be a contractor?" asked councilman Lowry Astin.
"Yes they could be if they have expertise in putting in that type of turf," said Williams.
Councilman Justin Reeves asked if the mayor had visited with the company that did the work at the high school field, to which Williams said he had.
The council also approved payment of bills out of the general fund in the amount of $24,793.38; street fund in the amount of $4,881.89; solid waste for $37,861.98 and water for $80,295.19.