Council agrees to settle former officer’s lawsuit
Municipal League attorney presents $67,500 offer in discrimination case
The Forrest City City Council voted during a special meeting Thursday to settle a lawsuit alleging sexual discrimination within the city’s police department.
Former FC Police Officer Deborah Dowdy filed the lawsuit in January in the U.S. District Court Eastern District of Arkansas Delta Division against former police chief Deon Lee and the city, claiming employment discrimination on the basis of sex.
Lee retired from the police chief position in May and officially left the department this week after helping with the transition to new police chief Ronald Broussard. Lee did not attend Thursday’s council meeting.
At a meeting on July 19, the council rejected a proposed settlement of more than $126,000 on the advice of Brie Gibson, a litigation attorney with the Arkansas Municipal League who is representing the city in this case.
At that time, the council agreed to allow Gibson to continue negotiations. On Thursday, Gibson presented the council with an offer of $67,500 from Dowdy’s attorneys, saying it was the third offer she had received from Dowdy’s representatives.
Gibson also reminded the council that the city has until noon Monday, Aug 1, to submit a settlement offer or to settle the lawsuit.
"This is a reasonable offer and I recommend the city accept the settlement," said Gibson. The city would only be responsible for paying half of the settlement with the Municipal League paying the other half.
Councilman Danny Capps asked if the money would come from of the city's general fund, to which Mayor Cedric Williams responded that it would due to the legal fees being a line item in that budget.
Council member Louise Fields asked if the Lee denied the allegations.
"Mrs. Gibson might want to elaborate on that," explained Williams. "In our answers to the allegations, yes they were denied. In regards to the settlement, this settlement isn't admitting any type of liability or fault on those particular allegations."
"One thing I will add, Chief Lee denies Mrs. Deborah Dowdy's allegations. However, he is perfectly fine if the city would like to settle this case. He would follow whatever the city would like to do," said Gibson.
Councilman Lowry Astin asked if training would still be required for city employees through the Municipal League.
"Yes," said Gibson. "It will be on September 13 and it is a citywide training about four hours long presented by Municipal League attorneys for all city employees."
Only four of the city’s eight council members attended the special meeting. Council members Chris Oswalt, Louise Fields, Danny Capps and Lowry Astin were in attendance. The other four councilmen, Marvin Metcalf, Jason Evansingston, Justin Reeves and Ronald Williams did not attend the meeting.
Oswalt made a motion to approve the settlement offer, to which Fields voted no. Due to only four members being present, the motion failed.
(Continued from Page 1) Gibson reminded the council they have a judge's order to supply a counteroffer no later than Aug. 1.
“That needs to be addressed as well," said Gibson.
"Is this your settlement offer?" Fields asked Gibson.
Gibson explained that after receiving permission to return to negotiations, they contacted Dowdy's counsel, which submitted the newest offer.
"Based on my review of this case, I think this is a reasonable offer to settle," said Gibson. "In my professional opinion and as counsel for the city, I do recommend that the city accept the settlement.”
"So you must have all figured out some sort of guilt. If he is denying it, then why do we have to pay them anything?" asked Fields.
Gibson explained that resolving lawsuits is about risk management.
"We could go to trial and there could be $200,000 if the jury were to say the plaintiff wins," said Gibson. "If we were to lose at trial, it could be a larger sum of money the city could be on the hook for. With my review of this case and experience with this, I think $67,500 is a reasonable amount to settle this case."
Capps asked if Gibson had been able to visit with other council members not in attendance.
"I was able to talk individually with a few council members. The other council members I left voicemails with," said Gibson.
"I just want to stress that when the court sets a deadline, you are on a deadline," said Astin. "We need to get together somehow or another."
Gibson said that if the council did not accept the settlement offer of $67,500 then the council would have to provide Dowdy's counsel with a counteroffer before noon on Monday, per the court's order.
Gibson again told the group she believes the amount is a reasonable offer.
"And I am not sure we get much lower than that," said Gibson.
Oswalt made a second motion to accept the offer with Astin seconding the motion. The four members then voted to approve the settlement amount.
Gibson told the council that due to the case reaching a settlement, the council would no longer be required to attend a meeting in Little Rock regarding the lawsuit.