Fort Worth could pay out $9.6 million to settle cases with ex-police chief and IT workers

Fort Worth taxpayers could be on the hook for a $9.6 million settlement if the City Council approves a settlement with a former police chief and two former IT workers.

Former Chief Joel Fitzgerald along and former IT workers William Birchett and Roland Burke were all fired in 2019, but sued the city alleging their firings were retaliation for blowing the whistle on alleged city corruption.

Fitzgerald would get $5.2 million, Birchett would get $2.4 million and Burke would get $2 million, according to documents released as part of the Fort Worth City Council’s Aug. 13 meeting agenda.

The three plaintiffs would agree to drop all claims against the city, and the city would not have to admit guilt as part of the settlement, according to the documents.

A spokesperson for the city of Fort Worth sent an emailed statement that summarized the city’s document without offering any further elaboration.

The City Council will vote on the settlement Aug. 13.

A Dallas jury awarded Burke more than $1 million in April over his wrongful termination case, however, the city still had the opportunity to appeal.

Birchett’s case was slated to go to trial in July followed by Fitzgerald in October.

Fort Worth has allocated $2 million to fighting Fitzgerald’s case.

Fitzgerald was hired as Fort Worth’s police chief in 2015, however an “increasing lack of good judgment,” his mismanagement of the police department’s budget and his relationships with other city department heads led to his firing in May 2019, according to a letter from City Manager David Cooke.

However, the Texas Workforce Commission ruled in July 2019 that there was no evidence Fitzgerald had committed work-related misconduct, and in May 2020 a court ordered the city change his discharge designation to honorable.

Fitzgerald has pointed to the fact that his firing came hours before he was scheduled to meet with federal investigators over concerns the city had violated the Criminal Justice Information Systems Act. He alleged city employees lied about the city being in compliance with regulations needed to access a federal law enforcement database, and that the employees destroyed evidence to cover it up.

Fitzgerald unsuccessfully sued to stop the city from hiring his replacement.

He now works as the chief of police and emergency management for the Regional Transportation District in Denver, however, he has been on leave from that position since July 1 while an outside investigator looks into “policy violations,” according to reporting by CBS Colorado and Colorado Public Radio.