Broken Arrow City Council
Meeting of: 09-01-2026
Title:
title
Approval of and authorization for the Mayor to execute the Waiver of Potential Conflicts of Interest submitted by GableGotwals dated August 21, 2026, in connection with The Islamic Society of Tulsa v. City of Broken Arrow, Oklahoma, David Pickel, in his individual capacity, Justin Green, in his individual capacity, Lisa Ford, in her individual capacity, and Debra Wimpee, in her individual capacity, United States District Court for the Northern District of Oklahoma, Case No. 26-cv-00469-MTS (the “Matter”)
End
Background:
On or about the filing of the Matter, GableGotwals was engaged to represent Mayor Debra Wimpee, Councilor Lisa Ford, Councilor David Pickel, and Councilor Justin Green in their individual capacities. GableGotwals does not at this time represent the City of Broken Arrow in the Matter. The City is a co-defendant. The individually named officials have requested that the City provide legal representation and defense pursuant to 11 O.S. §§ 23-101 and 23-102, and the City anticipates paying the legal fees of the named individuals.
By letter dated August 21, 2026, from R. Trent Shores, Managing Shareholder, Tulsa, GableGotwals disclosed certain potential conflicts arising from the firm’s other representations that are or have been adverse to the City, and requested the City’s informed consent and waiver of objection to the firm’s continued representation of the four individually named defendants.
Disclosed matters. The letter identifies, without limitation, the following representations adverse to the City or in which the City is a co-party:
• City of Broken Arrow v. Ritze, CJ-2024-2454 (Oklahoma Natural Gas / ONG)
• City of Broken Arrow v. Sanford, CJ-2025-2139 (ONE Gas, Inc.)
• The Estates of Katherine and Jason England v. City of Broken Arrow, CJ-2024-3387 (Estate of Jason England)
• Various ONG real-property vacation, franchise, right-of-way, and quiet-title matters
• State v. Purdue Pharma (Teva Pharmaceuticals USA, Inc.)
• City of Broken Arrow v. Phillips 66, CJ-2024-405
• City of Broken Arrow v. Roland Investments, Ltd., et al., CJ-2024-2455 (Phillips Texas Pipeline Company Eagle 2, LLC)
• Matter(s) representing ONEOK, Inc.
• Matter(s) representing CSL Oklahoma System, LLC
• Representation of Taylor C. Fauntleroy, a co-defendant with the City in First Bank & Trust Co. v. Nguyen Win Properties, LLC, et al., CJ-2025-02901
Representations concerning this Matter. GableGotwals states that it does not currently represent any party whose interests are adverse to the City’s in this Matter; that it is not presently aware of any conflict between the interests of its individual clients and those of the City in this Matter; and that it does not believe the prior representations will materially limit its ability to represent the named individuals completely, competently, and diligently. The firm further represents that lawyers handling the Estate of Jason England matter or other matters adverse to the City will not work on this Matter and will not have access to private, privileged, or confidential communications, documents, or information related to this Matter.
Effect of the waiver. By executing the attached instrument, the City would acknowledge the disclosure; confirm that GableGotwals represents the four officials in their individual capacities only and does not presently represent the City in the Matter; confirm that no attorney-client relationship is created between the City and GableGotwals by reason of that individual-capacity representation; consent to the continued representation of the four officials notwithstanding the potential conflicts; agree that those potential conflicts shall not serve as a basis for seeking the firm’s disqualification in the Matter; and acknowledge that GableGotwals has represented, currently represents, and/or will continue to represent the clients listed in Section 2 of the letter. The instrument recites that the City has the right to seek independent advice of legal counsel concerning the waiver.
The Office of the City Attorney has reviewed the August 21, 2026 letter. The requested action authorizes execution of the waiver so that defense of the individually named officials may proceed without a disqualification issue arising from the firm’s separately disclosed representations. This item is presented on the Consent Agenda because it implements a professional-responsibility disclosure and does not itself dispose of any claim, admit liability, or commit the City to a particular litigation strategy in the Matter.
Cost: None
Funding Source: N/A
Requested By: Trevor Dennis, City Attorney
Approved By: City Manager’s Office
Attachments: Letter from GableGotwals to Trevor A. Dennis, City Attorney, dated August 21, 2026 - Waiver - Potential Conflicts of Interest, Re: The Islamic Society of Tulsa v. City of Broken Arrow, et al., Case No. 26-cv-00469-MTS (4 pages), including signature block for the City of Broken Arrow
Recommendation:
recommend
Staff recommends that the City Council approve and authorize the Mayor to execute the attached Waiver of Potential Conflicts of Interest submitted by GableGotwals dated August 21, 2026, and to execute any non-substantive counterpart or acknowledgment necessary to complete the City’s consent as set forth in that instrument.
end