Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 11/19/2024
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Item Creation Date: 10/22/2024

LGL - ABBT - COMPROMISE, SETTLEMENT, RELEASE & INDEMNITY AGREEMENT

Agenda Item#: 25.


 
                               
Summary:

ORDINANCE approving and authorizing Compromise, Settlement, Release and Indemnity Agreement between City of Houston, Texas, and MELINDA ABBT to settle a lawsuit; Civil Action No.: 4:19-CV-01353; in the United States District Court for the Southern District of Texas, Houston Division - $850,000.00 - Property and Casualty Fund

Background:

On or about December 26, 2018, Plaintiff Melinda Abbt filed her lawsuit entitled Abbt v. City of Houston, Texas and John Chris Barrientes, Cause No. 2018-90881, which was subsequently removed to United States District Court for the Southern District of Texas, and restyled as Abbt v. City of Houston, Texas, Case No. 4:19-cv-01353 (the “Lawsuit”).

 

Melinda Abbt is a former Captain in the Houston Fire Department, who alleges that she was subjected to a hostile work environment based on her sex. The alleged conduct occurred sometime between 2007 and 2009, when Abbt was a Firefighter at HFD Station 18, under the supervision of then-Junior Captain John Barrientes. Plaintiff did not learn of Barrientes’ conduct until May 2017. In 2019, Captain Abbt medically separated from HFD. Barrientes is still employed by HFD, at the rank of Engineer Operator.

 

Abbt’s lawsuit against John Barrientes was severed from the action against the City of Houston and went to trial on November 15, 2023. The Harris County jury found Barrientes liable for storing and disseminating Abbt’s intimate and personal videos and images without her consent. 

 

With respect to Abbt’s federal lawsuit against the City, the parties engaged in extensive discovery and reached an agreement to resolve the suit after several rounds of mediation.

 

The City Attorney recommends that City Council adopt an ordinance approving and authorizing the settlement and release and Plaintiff’s claims against the City of Houston, Texas, by issuing a check to Melinda Abbt and her attorneys, Ahmad, Zavitsanos & Mensing PLLC, in the amount of $850,000.00.

 

Fiscal Note:  

Funding for this item is included in the FY2025 Adopted Budget.  Therefore, no Fiscal Note is required as stated in the Financial Policies.

 

___________________________

Arturo G. Michel, City Attorney

 

 

Estimated Spending Authority

Department

Current FY

Out Year

Total

Legal

$850,000.00

$0

$850,000.00

Amount and Source of Funding:

$850,000.00

Property and Casualty Fund

Funding No.: 1004

Contact Information:

Marjorie Cohen.............. 832-393-6457

Deidra Norris Sullivan.... 832-393-6299