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06-18-1991 (City Council) Agenda Packet DATE POSTED 6-14-91 TIME POSTED 2:00 P.M. AGENDA CALLED WORK SESSION AND MATING CITY COUNCIL CITY OF WYLIE, TEXAS TUES)AY, JUNE 18, 1991 7:00 P. M. COUNCIL CONFERENCE ROOM MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 13 Discuss and Consider Correspondence from Deloitte & Touche on results of Phase I Finance Department Audit and determine appropriate response to Deloitte & Touche and consider City Council Direction to Deloitte & Touche on Phase I Finance Department Audit and determine appropriate course of action 2 Recess open meeting 3 14 - 23 Convene Council into Executive Session under the Authority of Article 6252-17 V.A.C.S., Section 2 paragraph "E" - report from City Attorney on litigation of: 1. Report from Deloitte & Touche on Phase I Finance Department Audit as it relates to current litigation and possible misappropriation of funds and equipment 2. Choya Tapp V. City of Wylie 3. City of Wylie, et al V. Choya Tapp 4 Reconvene open meeting 5 Consider any action necessary from Executive Session 6 Adjourn MEMORANDUM DATE: June 4 , 1991 TO: City Council FROM: Bill Dashner, City Manager RE: Discuss and Consider Correspondence from Deloitte & Touche on Results of Phase I Finance Department Audit And Determine Appropriate Response to Deloitte & Touche and Consider City Council Direction to Deloitte & Touche on Phase I Finance Department Audit And Determine Appropriate Course of Action Attachment 1 - Official City Council Minutes , Phase I Proposal , Phase I Report Attachment 2 - Letter from Deloitte & Touche Requesting a Meeting to Discuss the Issue. / Deloitte & Touche /\ Suite 1400 ITT Telex:4995628 Lincoln Plaza 500 N.Akard Street Dallas,Texas 75201-3302 June 3, 1991 Telephone:(214)720-8100 ! l ..0"4 4 To the Members of the City Council City of Wylie, Wylie, Texas: Thank you for the opportunity to present our Phase I report to the City Council on May 28. On May 30, I met with Bill Dashner, City Manager, and Curtis Warner, Finance Director, to discuss the scope and objectives of our Phase I project. The conclusion of this meeting was agreement among the parties that we had performed all Phase I procedures as requested. Our proposed services for Phase II were outlined in our letter to you dated May 22, 1991. It is our continuing belief that there are significant opportunities to improve the control environment and efficiency of the finance function and related departments at the City. I suggest you consider meeting with us in a special session of the City Council to refine further the scope of our services. Our approach so far has been to suggest projects which would have primary benefits to current and future operations. If there are particular analyses of past transactions or funds of interest to the Council, we will be happy to submit a proposal addressing those specific services. Thank you for the opportunity to be of assistance to the City. We hope our association will be a long and pleasant one. Very truly yours, Thomas E. Larson Audit Director np cc: Bill Dashner Curtis Warner Member wT :::International MEMORANDUM DATE: May 29 , 1991 TO: City Council FROM: Bill Dashner , City Manager * 4 RE: Instructions from City Council to Three (3) Finalist For Audit Work on Finance Department Attached are the minutes from the April 4 , 1991 special City Council meeting where the three (3) finalist for City audit were interviewed. Please note in the official meeting the instructions given to all three (3) finalist . Deloitte and Touche was selected because their proposal was for $2,500 . Peat Marwick was $18 ,000 and Ernst & Young $8 ,000 . According to the City Secretary these minutes reflect the exact instructions given by several councilmembers . One can only conclude that the proposal prepared by Deloitte & Touche did not follow these instructions . I have also attached their proposal stating what work they would do. I believe they did the work they said they would do but failed to follow the instruction intent of the City Council . I will be meeting with Deloitte & Touche tomorrow (May 29 , 1991) to discuss this and see why there was this misunderstanding . The City has not paid Deloitte & Touche any money for their effort . . , i CITY COUNCIL SPECIAL MEETING - MINUTES APRIL 4 , 1991 THe City of Wylie City Council met in a special called meeting on Thursday , April 4 , 1991 at 7 :00 P.M. in the Council Conference Room of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John W. Akin , Mayor Pro Tem Don Hughes , Council Members Percy Simmons, William Martin, Chuck Wible, Pat Stemple and Steve Wright , City Manager Bill Dashner , City Secretary Carolyn Jones, and Finance Director Curtis Warner . Mayor Akin called the meeting to order . INTERVIEWS WITH INDEPENDENT AUDITORS: The City Council interviewed the following firms: Deloitte & Touche - Dallas KMPG Peat Marwick - Dallas Ernst & Young - Dallas Council stressed to these firms that an in-depth audit of all fund accounts be done . Instructions were given to each of the firms to bring back to the Council a proposal on what it would be for a two week review of the City accounts and an analysis on the problems that needed to be looked into further , and to have the proposals back to the City Manager in time for the April 23rd Agenda . There being no other matters of discussion, a motion was made to adjourn at 9 : 50 P.M. John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary Deloitte & Touche /\ Suite 1400 ITT Telex:4995628 Lincoln Plaza 500 N.Akard Street Dallas,Texas 75201-3302 Telephone:(214)720-8100 April 9, 1991 To the Members of the City Council and Bill Dashner, City Manager, City of Wylie: Thank you for the opportunity to present our credentials to provide professional services to the City of Wylie and for the opportunity to meet with you in person to discuss the scope of services you are requesting. Based on that conversation, we are submitting this letter proposal which outlines our plan to provide services to the City. PHASE I APPROACH The comments and concerns shared with us at the meeting on April 4, 1991, indicate the need for further analysis of the City's accounting and internal control systems. We believe Deloitte & Touche is uniquely suited to provide the professional services you require. Our Statement of Qualifications demonstrates our commitment to the public sector and, in particular, to cities comparable to the City of Wylie. In response to your request for further analysis, we have developed a planned Phase I of the comprehensive workplan. We envision Phase I to consist of the following: • Meeting with the city manager, finance director and other key members of the staff of the City as necessary. The purpose of these meetings will be to develop an initial understanding of the current state of the accounting records, data processing hardware and software capabilities, and the accounting documentation and support for transactions and accounts • Preliminary analysis of written documentation of transactions and other accounting records to develop further insight into the existing systems • Preparing a detailed workplan for Phase II of the project, including identification of the systems or accounts to be analyzed, the time frame the analysis will cover, and the specific timetable for the completion • Preparing an estimate of time to be spent by area identified and the related estimated fees to be charged • Identifying the Deloitte & Touche personnel to be assigned to Phase II of the project • Reporting on the status and completion of Phase I to the members of the city council STAFFING FOR PHASE I Our fieldwork for Phase I of the engagement will be performed by management-level professionals in order to bring the highest level of analysis of the current operations and systems of the City. All such professionals have significant public sector experience serving cities of the size and complexity comparable to that of the City. We believe this plan represents the most timely and cost-effective response to your needs. The anticipated staffing for Phase I will consist of the following: • George Scott, lead client partner, will be responsible for all professional services provided to the City. He will draw upon the significant number of available public sector professionals within the Firm to meet the needs of the City in this project. - Tom Larson, audit director, will have direct responsibility for the overall planning and management of the Phase I engagement and for the reporting of results to the city council. • Jay Riley, senior consulting manager, will be responsible for coordinating our analysis and recommendations related to operations and automated systems. • Craig Milacek, senior audit manager, and Carol Soegaard, audit manager, will perform substantially all of the fieldwork associated with Phase I of the engagement. TIMING We are prepared to commence our Phase I activities within two days after notification of our engagement. We believe all Phase I activities can be completed within two weeks from commencement of fieldwork. At that time, we will deliver a written report in draft form on our findings and meet with you as necessary to discuss the results. APPROACH TO FEES Our fees for Phase I of our engagement to serve the City of Wylie will be based on the anticipated level of experience required at our discounted standard public sector billing rates. We are very much interested in building a long-term relationship with the City and are prepared to make substantial concessions in fees to establish this relationship. Consistent with the above, we estimate the total fees for Phase I of the engagement to be S2,500, exclusive of out-of-pocket expenses. We believe the quoted fee is both fair and reasonable. CONCLUSION We believe we are the firm best suited to meet your professional service needs now and in the future. Our large and growing public sector practice is evidence of our concern and Deloitte& Touche understanding of the issues confronting the City. The City of Wylie would be a significant and valued client of Deloitte & Touche, and we believe we have the resources to make a difference in the future of the City. If you have any questions relating to the foregoing matters or wish clarification on any aspects of this proposal, please call Tom Larson at (214) 720-8178. Yours truly, SJ-c4..tt.L f fato-4.A 7 Deloitte& Touche 0 Deloitte & Touche Suite 1400 ITT Telex:4995628 Lincoln Plaza 500 North Akard Street Dallas,Texas 75201-3302 Telephone:(214)720-8100 May 22, 1991 To the Members of the City Council and Bill Dashner, City Manager, City of Wylie: This letter summarizes the results of our Phase I consultation services to the City of Wylie (the "City") . We have completed the procedures outlined in our letter to you dated April 9, 1991, which is attached as an exhibit. Such procedures were intended to gather sufficient information about the accounting systems and management information systems at the City to permit the identification of specific consultation services to be performed in Phase II of the engagement. We believe each of the four segments of Phase II procedures identified below will be of significance to the City Council. We recognize you must evaluate the costs versus the expected benefits of each procedure. Therefore, prior to beginning our engagement for performance of Phase II procedures, we will issue an engagement letter to the City Council which describes those procedures you wish performed and which includes the final estimated fees associated therewith. The analysis below lists the particular internal control segment we would analyze and describes the significance of that segment to the functioning of the City's internal control system. There may be additional areas of concern to the City Council which could be included within the scope of our Phase II procedures at your request. PHASE II PROCEDURES A. Internal Accounting Controls Discussion: The internal accounting control structure of the City provides the framework for the operations of the finance department. The structure includes the processing and recording of all financial transactions to which the City is a party. The systems identified in the internal accounting control structure are as follows: - Cash receipts - Purchasing and cash disbursements - Payroll and personnel - Utility cash receipts and disbursements Member w�� o UP:i International - Fixed assets - Investments - General ledger and financial reporting - Information system general controls - Financial reporting to the City Council Significance: An effective internal accounting control structure for a city government is designed to provide management and the City Council with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorization and recorded properly. There is a cost/benefit relationship with any internal control. The City Council must determine if the cost of implementing and complying with a control is worth the benefit obtained from it. Procedures: Our procedures to be performed for each of the significant internal control systems listed above are as follows: - Obtain, read, and analyze the City's written internal accounting control policies and the related documentation, if any, from the prior auditors' working papers - Conduct detailed interviews with the finance director and other finance and City personnel to document their daily functions and other duties involving the processing and recording of transactions - Prepare a comprehensive analysis in narrative or flowchart form of the current internal accounting control structure, identifying significant strengths and weaknesses - Prepare a written report to the City Council containing detailed comments , analyses, and recommendations for improvements in the current internal accounting control structure in each system analyzed B. Utility Billing System Discussion: The City's utility billing system should contain all information related to the City's utility customers and permit City management to access and monitor such information. A comprehensive utility billing system should include all billing and collection amounts, life-to-date and year-to-date history, account inquiry, utility receivables, and various other information related to the utility operations. Deloitte& g-= Touche Significance: An adequate utility billing system is required for accurate recording of transactions and reporting on the results of the utility operations in conformity with generally accepted accounting principles. In addition, an adequate utility billing system is required as a component of a good internal accounting control structure. Procedures: - Interview the utility department personnel about their need for information related to the utility operations - Discuss with finance department personnel their need for information related to recording and reporting utility operations - Incorporate the recommendations from the internal control analysis in Section A above, related to the utility billing system - Analyze the needs documented above and make a recommendation regarding a new utility billing system. This recommendation will contain several potential software packages to allow the City the opportunity to analyze the cost/benefit of each system in relation to the above needs. (Note: As a matter of policy, Deloitte & Touche does not market any of its own software. As a result, we can provide an independent and completely objective evaluation of software alternatives) - Assist with the implementation of the new utility billing system C. Bond Compliance Discussion: The proceeds from bond issues must be used for their intended purpose. This purpose is included in the prospectus related to the bond offering and details the specific allocation which must be followed. In addition, complex arbitrage regulation applies to bond issuance. Significance: Misapplication of bond proceeds may be a violation of the bond indenture and may expose the City to legal action. Procedures: - Interview the City Council and City management to determine whether there are any specific bond issues that raise concern over compliance matters Deloitte& �� Touche - For each bond issue determined to have concern, obtain and read all relevant bond documents - Prepare an analysis of actual sources and uses of proceeds - On a test basis, examine supporting documentation relating to the uses of the proceeds (i.e. , disbursements) and investigate as necessary - Based on the intended use of proceeds, determine the appropriateness of the actual uses - Prepare a written report to City Council based on our findings D. Accounting Policies and Procedures Documentation Discussion: Comprehensive documentation of accounting policies and procedures is an important element of the internal control structure of a city. The information contained in such documentation is helpful in determining whether employees are performing all the tasks that are required of them and is a key element in training a new employee. Significance: Considering the potential changes to the operations of the finance department from the performance of other procedures in this proposal, comprehensive documentation of accounting policies and procedures would help ensure that all persons understand their responsibilities within the revised internal control structure. Procedures: - Develop an understanding of existing policies, procedures, and practices; and key organizational, operational, and staffing information - Supplement the information obtained above with any changes resulting from the implementation of recommendations developed in Section A of this report - Conduct management interviews to further gather information and verify our preliminary understanding of the policies and procedures - Develop the policies and procedures documentation. Specific areas for which policies and procedures will be developed include: . Cash receipts . Cash disbursements . Payroll . Utility operations Delude& Touche n . Month-end closing . Year-end closing . Fixed assets . Investments . Purchasing - Meet with management to review the preliminary policies and procedures documentation, receive feedback, and follow-up on specific questions and comments - Finalize and issue the documentation in final form PROFESSIONAL FEES Our fees for Phase II of our engagement to serve the City of Wylie will be based on the anticipated level of experience required at our discounted standard public sector billing rates. Based on our assessment of the staffing levels required for each segment of the proposed consultation services, our estimated fees are as follows: Internal accounting controls $16,000 - $21,000 Utility billing system $18,000 - $30,000 Bond compliance per bond issue $5,000 - $7,500 Accounting policies and procedures documentation $22,000 - $32,000 TIMETABLE FOR COMPLETION We are prepared to begin work on Phase II of this project within ten days of notification of our engagement. We anticipate the activities relating to internal accounting controls, bond compliance, financial reporting to the City Council, and the accounting policies and procedures documentation can be completed within eight to ten weeks after commencement of work. The exact timing is dependent on the degree of assistance provided by the finance director and other members of the finance department and City staff. The project related to the utility billing system is dependent on a number of external variables and also the degree of priority established by the City Council and finance director as to software selection, evaluation, and implementation. The details of our workplan with respect to the utility billing system will be furnished separately to you in the early phases of that engagement, after initial discussions with management. Deloitte& Y-3- Touche STAFFING The anticipated staffing for Phase II will consist of the following: - George Scott, lead client partner, will continue to be responsible for all professional services provided to the City. He will draw upon experienced public sector professionals within the Firm to meet the needs of the City in this phase of the project - Tom Larson, audit director, will continue to direct the planning and management of the Phase II engagement and will report the results to City management and to City Council as may be requested - Craig Milacek, senior audit manager, will have day-to-day field supervision responsibilities and will perform the detail planning for Phase II - Jay Riley, senior consulting manager, will be responsible for coordinating and managing the utility billing system segment of the project - Other public sector audit managers, seniors and staff will assist on Phase II as necessary. Once the timing and scope of the Phase II procedures are determined, an experienced public sector senior auditor will be assigned as lead senior All staff and management assigned to phase II will have significant prior public sector experience. CONCLUSION We believe we are the firm best suited to meet your professional service needs and have demonstrated that ability in the performance of Phase I. If you have any questions related to the foregoing matters or wish clarification on any aspects of the information contained in this summary, please call Tom Larson at (214) 720-8178. Yours truly, AL4S.A. flegsat Deloitte& j3 --�= Touche MEMORANDUM DATE: May 16 , 1991 TO: City Council FROM: Bill Dashner, City Manager %mum. RE: Discuss and Consider Convening to Executive Session To Determine Appropriate Action Relative to Items of Ligation Involving the City of Wylie, Inc . I am requesting an executive session to discuss the details and solicit guidelines from the City Council on the following two (2) lawsuits : 1 . Choya Tapp v. City of Wylie, exparte Bill Dashner and other unnamed City Officials . 2 . City of Wylie, et al v. Choya Tapp 3 . City of Wylie, v. Chemical Recycling, Inc, et al // -ie OF WYLIE 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor May 16, 1991 Boyd, Veigel & Hance Don Hughes P. 0. Drawer B Mayor Pro-Tem McKinney, Texas 75069 William Martin Dear Mr . Boyd, City Council Pursuant to our conversation today I am sending you a copy of the lawsuit Mr . Tapp filed against me and the City. Apparently he filed the papers himself. You will also notice a letter that I wrote to our Public Pat Stemple Liability Insurance Carrier notifying them of the lawsuit City Council since the City carries liability insurance. They will probably want to furnish attorneys but we would rather have you. You may want to call our liability insurance carrier on this . I have attached a copy of the letter I received from our insurance agent this morning . Steve Wright City Council Now on the other case , City of Wylie v. Choya Tapp on the theft of public property, we lost in the first round at the Collin County JP ' s court yesterday. Mr . Chris Houssiere is suppose to file the appeal notice tomorrow, May 17 , 1991 . Please contact me as soon as possible on this very important Percy Simmons matter . City Council Sin rely, Chuck Wible Bill Dashner City Council City Manager encl Bill Dashner City Manager /5. -Ie CITY OF 'W LIE 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor May 15 , 1991 Wylie Insurance Agency Don Hughes 201 Calloway Mayor Pro-Tem Wylie, Texas 75098 Dear Mr. Yeager, William Martin Under the terms and conditions of the City' s Public Official City Council Liability policy and the Tudor Insurance Co . of Keene, New Hampshire as City Manager of the City of Wylie I am official and formally requesting that you file this claim for legal representation for the City of Wylie and its Public Officials. The attached lawsuit styled "Choya Tapp, Pat Stemple Plaintiff , v. City of Wylie, Defendant" was filed in Collin City Council County District Court on May 1 , 1991 . Please contact me as soon as possible so that this can be discussed . incerely, Steve Wright City Council Bill Dashner City Manager cc: Wylie City Council Percy Simmons City Secretary City Council City Attorney City Finance Director Chuck Wibte City Council Bill Dashner City Manager /� 1 It I I R YOU vou /N6lNT f I, ria mu.wn+ lrJ® WYLIE INSURANCE AGENCY, INC. "Serving You Since 1898" JOHN YEAGER, GIG May 15, 1991 Mr. Bill Dashner City Manager City of Wylie P.O. Box 428 Wylie, Texas 75098 Re: Legal Action-Choya Tapp vs. City of Wylie Dear Mr. Dashner: We have faxed the above notice today to Montgomery & Collins, Inc. , Dallas, Texas the local insurance representative for Tudor Insurance Company that carries the Public Officials Liability policy for the city. Additionally, since there could possibly be coverage under the General Liability policy, we have also sent the same notice to Trinity Universal Insurance Company, Dallas, Texas. A represenative from each of these companies should be in contact with you shortly to discuss the situation. In the meantime, please call me should you have any questions. Sincerely, er/ John £ , CIC JY/lap 201 CALLOWAY • P.O. BOX 40 • WYLIE, TEXAS 75098 • 442-3505 /7 April 30, 1991 Mr. William Dashner City of Wylie Wylie City Hall Wylie, Texas RE: False Statements Made About Choya Tapp Dear Sir: Please be advised that I am taking legal action against the City of Wylie for statements made by individuals employed by the City, which were false, malicious and defamatory. The City has publically humiliated me and maligned me and I will seek redress in order to clear my good name. Yours, Choya Via Hand Delivery /F • I CAUSE NO. a V7 -`s ps-�/ CHOYA TAPP, § IN THE DISTRICT COURT Plaintiff, § v. § COLLIN COUNTY, TEXAS CITY OF WYLIE Defendant § § v47 TH JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT COMES NOW CHOYA TAPP, hereinafter "Plaintiff" , complaining of CITY OF WYLIE, hereinafter "Defendant" , and for cause of action would show the court as follows: 1. Plaintiff, CHOYA TAPP, is an individual residing in Collin County, Texas. 2 . Defendant, CITY OF WYLIE, may be served with process by serving its City Secretary, Carolyn Jones Wylie City Hall, Wylie, Texas wherever she may be found or its City Manager, William Dashner, wherever he may be found. 3 . This cause of action is for personal injuries which arose in Collin County, Texas. 4 . Whenever in this Petition it is alleged that Defendant did any act or thing, it is meant that Defendant's officer' s, agents, servants, employees, or representatives did such act or thing. At the time such act or thing was done, it was done in the full, normal and routine course and scope of Defendant's business by it's officers, agents servants, employees, or representatives. 5. Plaintiff would show that he was a Volunteer Fireman with the Fire Department servicing the City of Wylie. Plaintiff and William Dashner - City of Wylie City Manager - got at odds because Mr. Dashner wanted to formalize the Volunteer Fire Department as a City of Wylie Department, even though it has never been part of the official City of Wylie Departments in it's 60+ year history. 6. Plaintiff would show that Mr. Dashner and the other defendants have libeled and/or slandered plaintiff through written and spoken statements alleging teat the stole.,money and property from the City and/or the Fire Department. kPi4Litiff states this is completely false and defendants knew or shoui!d have known about this fact. 7 . Specifically, MoOPLYTApigliwZiaaa show that in September 1990, William Dashner, in his official capacity as a City of Wylie "� ''" """ ^ to James Johnson, "I'm going to employee and City Manac� K� e� COLLIH OUHTY. TEX AS fl=76: 51cq,"(1/ r9 fire these people as they are all a bunch of thieves. " Plaintiff would further show that this statement reflects the fact that he was defamed and this slander per se is actionable. Plaintiff would show at the time of the publication of said statement, it was quite clear to Mr. James Johnson that he [Choya Tapp] , among others, was identified and was being called a thief. 8 . Plaintiff would further show the jury that on February 13 , 1991, in the Wylie News, Percy Simmons, William Martin, Pat Stemple, Don Hughes city councilmen caused to be published a libelous statement to wit: "All volunteer fire fighters that were discharged or resigned did so after an outside audit revealed $11, 000. 00 of misappropriated funds and $13, 000. 00 worth of missing supplies and equipment for the fire department" signed City of Wylie. Plaintiff would show that the statement was false, and that the defendant knew or should have known it was false and it is libel per se because it implies theft of property. 9 . Plaintiff would further show the jury that on or about November 1990, Jeff Scribner and Lewis Barber, acting in their official capacities as Acting Fire Chief and Acting Assistant Fire Chief for the City of Wylie, wrote letters to Wylie News and the Wylie Sentinel newspapers stating "It has now come to light, as the result of an audit, that a very large sum of money is unaccounted for over the last few years that Mr. Allen and Mr. Tapp and Mr. Bisbee were in charge of the Wylie Fire Department financial affairs. " Plaintiff would show that the statement was false, and that the defendant knew or should have known it was false and it is libel per se because it implies theft of property. Plaintiff would further show that he never had signatory powers on the Fire Department bank account and that prior to August 1990 he was not in charge of the fire department - a fact known to defendant. Choya Tapp would show the jury that he is a law abiding citizen, who tirelessly has devoted countless man hours in protecting the lives and homes of the citizens of the City of Wylie in Collin County. Defendant instead of recognizing his numerous unpaid years of service has chosen for reasons known only to themselves to maliciously mistreat this good samaritan. 10. Plaintiff would show the jury that the statements of the defendant as set forth in this petition were patently untrue and that he has never stolen any money or property from the Fire Department and that defendant knew or should have known that the publishing of said statements was reckless, defamatory and malicious. Jo ^ C r 11. Plaintiff would further show that these statements by the defendant were done in their official capacities and that they are outrageous in nature and have publically humiliated him. 12. Alternatively, plaintiff would show that the actions of the defendant as set forth above constitute intentional infliction of emotional distress which has proximately caused injury to him. 13 . Alternatively, plaintiff would show that the actions of the defendant as set forth above constitute negligent infliction of emotional distress which has proximately caused injury to him. 14. Plaintiff would show that defendant intentionally or negligently inflicted emotional distress upon the plaintiff and that he has suffered great mental anguish as a result of defendant's actions. 15. Each and every of the foregoing acts and omissions in this petition, taken separately and collectively constitute a direct and proximate cause of the injuries and damages set forth herein. Plaintiff would further show that the actions of defendant were a producing cause of his injuries. 16 . Notice was given to the Wylie City Secretary/City Manager prior to the filing of this lawsuit for relief under the Texas Tort Claims Act. 17 . As a result of defendant's actions, Choya Tapp sues for damages from the actions of defendant in an amount far in excess of the jurisdictional limits of this court which are incapable of exact calculation but believed to reasonably be at least One Hundred Thousand Dollars ($100, 000. 00) . 18 . Plaintiff demands a jury trial in order to clear his good name. WHEREFORE, CHOYA TAPP, plaintiff requests that Defendant be cited to appear and answer, and that on final trial Plaintiff have judgment against Defendant, for an amount far in excess of the minimum jurisdictional limits of the Court of at least $100, 000.00, punitive damages, together with prejudgment interest, post- judgement interest and costs of court, and for such other and further relief to which Plaintiff may be justly entitled. Respectfu s ted, CHOYA TAPP 2250 Sachse Road Sachse, Texas 442-0211 Plaintiff - Pro Se 1/ Tudor Insurance Company t48 South Franklin Turnpike • Ramsey, New Jersey 07446-0504 Telephone (201) 825-3300 • Telex 130-324 • FAX (201) 825-1052/(201) 825-9013 May 29, 1991 City of Wylie 2000 Highway 78 \\ Box 428 Wylie, TX 75098 Attn: James Johnson Director of Finance/Designee RE: Choya Tapp vs. City of Wylie Policy No.: PE 57494 Dear Mr. Johnson: Tudor Insurance Company acknowledges receipt of a Petition pending in the Collin County District Court, Texas regarding the above captioned matter. Pleadings bear docket number 219-595-91. A review of the Petition indicates that this matter emanates and flows from liable and slander. The Complaint seeks both compensatory and punitive damages. Tudor Insurance Company is the Public Officials Liability insurance carrier for the City of Wylie, under policy number 57494 issued for a policy period 7/11/90 through 7/11/91 subject to the provisions and exclusions of said policy. The policy has a limit of liability of $1 million and a retention of $5,000 per loss. The retention applies to defense expenses, costs, damages, judgments and settlements. I refer you to III. DEFINITIONS ... "(d) "Loss" shall mean any amount which the Insureds are legally obligated to pay or which the Public Entity shall be required by law to pay as indemnity to the Insureds, for any claim or claims made against them, for Wrongful Acts and shall include but not be limited to damages,judgments, settlements and costs, cost of investigation and defense of legal actions (excluding from such costs the salaries of officials or employees of the Public Entity or any other governmental body), claims or proceedings and appeals therefrom, cost of attachment or similar bonds; provided always, however, such subject of loss shall not include fines or penalties imposed by law, or matters which may be deemed uninsurable under the law pursuant to which this Policy shall be construed." I refer you to IV. EXCLUSIONS ... "The Company shall not be liable to make payment for Loss in connection with any claim made against the Insureds allegedly, based upon or arising out of one or more of the following: A Member Company of Western World Insurance Group ( Mr. Johnson Page 2 May 29, 1991 (5) (a) any damages,whether direct, indirect or consequential, arising from, or caused by, bodily injury, personal injury, sickness, disease or death; (6) (b) defamation, including, but not limited to libel or slander; (7) the willful violation of statute or ordinance committed by or with the knowledge or consent of an Insured;" I refer you to Tudor Endorsement TU PE 88 ... PUNITIVE DAMAGE EXCLUSION "In consideration of the premium charged, it is understood and agreed that this policy excludes any claims for punitive or exemplary damages whether arising out of acts of Insureds, Insureds' employees, or any other person: Tudor Insurance Company must hereby deny coverage to you in the above captioned matter. This denial is predicated upon the exclusions and endorseme is cited ab ve. I sugges you notify your General Liability carrier_ -Wau� � N *e�...-2. S, /4/ iI;ji. Tudor Insurance Company will not be responsible for any costs of defense, defense judgment or verdict that may be rendered against you. If you have any questions or need further clarifications,please do not hesitate to contact the undersigned. Very truly yours, Peter ne Suit Ex finer PML/bi 10523 cc: Agent #5907 - Montgomery Sr. Collins, Inc. MY DIRECT DIAL NUMBER IS (201) 934-2851, EXT. 851