HomeMy WebLinkAboutResolution - 2010-R0278 - Legal Representation To Former Mayor David Miller - 06/18/2010Resolution No. 2010-RO278
June 18, 2010
Item No. 2.1
RESOLUTION
WHEREAS, ICON Benefit Administrators II, L.P. ("ICON") and American
Administrative Group, Inc. ("AAG") filed suit against David Miller, Lee Ann Dumbauld, Scott
Snider, and Leisa Hutcheson (the "Defendants") in ICON Benefit Administrators II, L.P. and
American Administrative Group, Inc. v. Joella Mullin, Stanley Self, Andrea Davenport, Lee Ann
Dumbauld, Scott Snider, Leisa Hutcheson, and Unknown Others, Cause No. CC -08-01067-13, in
the County Court at Law No. 2, Dallas County, Texas; and
WHEREAS, at the time the suit was filed, David Miller was mayor of the City of
Lubbock, and Lee Ann Dumbauld, Scott Snider, and Leisa Hutcheson were, collectively,
employees of the City of Lubbock; and
WHEREAS, the City of Lubbock provided legal representation to the Defendants; and
WHEREAS, the Defendants filed counterclaims against ICON and AAG, including
claims for attorney fees to defend against the lawsuit, and further have sought to perform an
audit of the activities of ICON and AAG; and
WHEREAS, in May of 2010, ICON and AAG nonsuited their cases against the
Defendants, and have petitioned the court to grant a motion for summary judgment against the
Defendants' counterclaims; and
WHEREAS, the City of Lubbock finds that it would be a benefit to the public to pursue
its subrogation interests in the case, including attorney fees expended in the defense of the
Defendants; and
WHEREAS, the City of Lubbock also finds that it would be a benefit to the public to
pursue the completion of the audit of ICON and AAG that was begun by the Defendants.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City of Lubbock shall provide legal representation to David Miller, former
mayor of the City of Lubbock, for the purposes of prosecuting his counterclaims and other
applicable causes of action against ICON Benefit Administrators II, L.P. and American
Administrative Group, Inc., including the City's subrogation interests in connection with ICON
Benefit Administrators 11, L.P. and American Administrative Group, Inc. v. Joella Mullin,
„Stanley Self, Andrea Davenport, Lee Ann Dumbauld, Scott Snider, Leisa Hutcheson, and
Unknown Others, Cause No. CC -08-01067-13, in the County Court at Law No. 2, Dallas County,
Texas.
Passed by the City Council this 18th day of June, 2010.
im Gilbreath, Mayor Pro Tem
ATTEST:
Reber a Garza, City Secretary
APPROVED AS TO FORM AND CONTENT:
Sam Medina, City AttWmey
ms: ICON&AAG-Miller-3 res 6.13.10