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File #: 991987    Version: 0
Type: Resolution Status: Passed
File created: 4/11/2000 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 5/19/2000
Effective date:    
Title: Resolution appropriating $17,000 from the Outside Counsel/ Expert Witness Fund for the purpose of retaining outside legal counsel and an expert witness in Gill, et al. v. City of Milwaukee, et al., Case No. 98-CV-008170. (City Attorney)
Sponsors: THE CHAIR
Indexes: CONSULTANTS, FEES, LITIGATION

NUMB:

991987

VERS:

ORIGINAL

REF:

 

XXBY:

THE CHAIR

TITL:

Resolution appropriating $17,000 from the Outside Counsel/ Expert Witness Fund for the purpose of retaining outside legal counsel and an expert witness in Gill, et al. v. City of Milwaukee, et al., Case No. 98-CV-008170. (City Attorney)

 

 

ANLS:

- Analysis -

 

This resolution appropriates $17,000.00 from the Outside Counsel/Expert Witness Fund for the purpose of retaining an outside counsel and an expert witness in the case of Gill, et al. v. City of Milwaukee, et al., Milwaukee County Circuit Court Case No. 98-CV-008170.

 

 

BODY:

Whereas, In 1998, Edward Gill, III and Kathy Gill commenced an action against the City of Milwaukee and David Pagan relating to a motor vehicle collision on March 17, 1998, in which two of the plaintiffs' children were killed after colliding with then-Officer Pagan; and

 

Whereas, The City Attorney needs to expend money from the Outside Counsel /Expert Witness Fund for an outside counsel to represent the interests of David Pagan in the defense of the case entitled Edward Gill III, et al. v. City of Milwaukee, et al., Milwaukee County Case No. 98-CV-008170 because of a conflict of interest; and

 

Whereas, An outside law firm contacted by the City Attorney's Office has agreed to provide such services for the sum of approximately $10,000.00; and

 

Whereas, The City Attorney has determined that it is in the best interests of the City to retain an accident reconstruction expert to testify as to the circumstances of the accident giving rise to the aforementioned lawsuit; and

 

Whereas, An accident reconstruction expert contacted by the City Attorney's Office has agreed to analyze the accident and provide testimony concerning it for the sum of approximately $7,000.00; and

 

Whereas, Any appropriation of funds from the Outside Counsel/Expert Witness Fund requires approval by the Common Council via resolution; now therefore be it

 

Resolved, By the Common Council of the City of Milwaukee that the expenditure $10,000.00 is authorized from the Outside Counsel/ Expert Witness Fund, No. 0001 1490 0001 S157 634001 for the purpose of retaining outside counsel as directed herein; and be it

 

Further Resolved, That the Office of the City Attorney is hereby authorized and directed to engage outside counsel and to pay fees and costs incurred by that counsel upon receipt of an itemized bill, approved to be reasonable and necessary by the Office of the City Attorney; and be it

 

Further Resolved, That the City Comptroller is authorized and directed to appropriate the sum of $10,000.00 to the City Attorney's Office budget for the stated project; and that application of the funds directed herein to a case other than that specifically referred to herein shall be subject to the further direction of the Common Council; and be it

 

Further Resolved, By the Common Council of the City of Milwaukee that the expenditure $7,000.00 is authorized from the Outside Counsel/ Expert Witness Fund, No. 0001 1490 0001 S157 634001 for the purpose of retaining an expert witness as directed herein; and be it

 

Further Resolved, That the Office of the City Attorney is hereby authorized and directed to engage an expert witness and to pay fees and costs incurred by that witness upon receipt of an itemized bill, approved to be reasonable and necessary by the Office of the City Attorney; and be it

 

Further Resolved, That the City Comptroller is authorized and directed to appropriate the sum of $7,000.00 to the City Attorney's Office budget for the stated project; and that application of the funds directed herein to a case other than that specifically referred to herein shall be subject to the further direction of the Common Council.

ZDPT:

 

DFTR:

City Atty.

JAS:enm

3/29/2000

29435