Number
120739
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. HAMILTON
Title
Substitute resolution relating to the City’s participation in proceedings upon appeal of the decision and order of the Dane County Circuit Court in the matter of Madison Teachers, Inc., et al. v. Scott Walker, et al. (Case No. 11CV3774).
Analysis
This resolution authorizes the City Attorney to represent the City's interests in appellate proceedings reviewing the Decision and Order of the Dane County Circuit Court dated September 14, 2012, in the matter of Madison Teachers, Inc., et al. v. Scott Walker, et al. (Case No. 11CV3774). In this litigation the Circuit Court found, inter alia, that certain provisions of 2011 Wisconsin Act 10 are unconstitutional as applied to the Milwaukee Employee’s Retirement System (ERS).
The decision of the Circuit Court was consistent with prior opinions of the City Attorney and the independent legal opinions secured by the City and the ERS. The City was not formally a party to the litigation. This resolution directs the City Attorney to take necessary and appropriate action to represent the City’s interests consistent with prior legal advice and opinions.
Body
Whereas, By Decision and Order of the Dane County Circuit Court dated September 14, 2012, in the matter of Madison Teachers, Inc., et al. v. Scott Walker, et al. (Case No. 11CV3774), the Circuit Court found, inter alia, that Part 167 of 2011 Wisconsin Act 10, creating a new s. 62.623, Wis. Stats., violates the Home Rule Amendment, Art. XI, s. 3(1), of the Wisconsin Constitution, and is an unconstitutional intrusion into a matter reserved to the City of Milwaukee, namely, the allocation of responsibility for contributions to the Milwaukee Employee’s Retirement System (ERS); and
Whereas, Section 62.623, Wis. Stats., requires employees of cities of the first class, with certain exceptions, to pay all required employee contributions for the funding of their pension benefits and further prohibits...
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