NUMB:
980736
VERS:
SUBSTITUTE 1
REF:
XXBY:
TITL:
Substitute resolution approving settlement in the action entitled Bradley DeBraska, et al. v. City of Milwaukee, U.S. District Court Case No. 96-C-402.
ANLS:
- Analysis -
This substitute resolution approves the settlement of the case entitled Bradley DeBraska, et al. v. City of Milwaukee, U.S. District Court Case No. 96-C-402.
Following issuance of the Court's Decision and Order on cross-motions for summary judgment in this case, and extended negotiations, counsel for the plaintiffs and the City have reached settlement of all issues in dispute in this litigation upon which the City did not prevail including: (a) "police canine" issues; (b) Background Investigation Unit/Senior Citizen Unit travel time issues; (c) remaining issues pertaining to "liquidated damages"; and (d) issues pertaining to attorneys' fees, and have concluded a Stipulation for Settlement (with attached Exhibits) with respect to these issues.
The terms of settlement provide for the payment of a stipulated amount representing back overtime compensation for the period April 8, 1994 until the present, to be allocated among all "eligible" current and former police officers (as defined by the terms of the Stipulation for Settlement) who, in accordance with the requirements of the Fair Labor Standards Act, individually consent to the terms of settlement and to participation in the proceeds thereof, and who execute a form of individual Release of Claim in favor of the City certifying their consent, as set forth in Exhibit 3 attached to the Stipulation for Settlement.
The terms of settlement also provide: (a) for payment by the City of Milwaukee to counsel for the plaintiffs of a stipulated amount representing attorneys' fees; and (b) for specified deductions from the back overtime compensation due to certain of the "eligible" current and former police officers named in the Stipulation for Settlement, to be applied toward a supplemental payment to counsel for the plaintiffs of a stipulated amount representing additional attorneys' fees.
The terms of settlement further provide for a revision pertaining to compensation to members of the Milwaukee Police Department's "Canine Unit" for time devoted to "canine care" duties in order to forestall the accrual of future claims under the Fair Labor Standards Act against the Milwaukee Police Department and/or the City of Milwaukee with respect to such matters, which revision has been implemented as of this date.
BODY:
Whereas, A complaint was filed on April 8, 1996, by Bradley DeBraska, et al., and by over 1,400 individual police officers currently or formerly in the employ of the City of Milwaukee against the City of Milwaukee, alleging that the City had violated the Fair Labor Standards Act, 29 U.S.C. ยง201, et seq., in the manner in which it administered various aspects of overtime compensation within the Milwaukee Police Department and in the manner in which it compensated police officers in the employ of the City of Milwaukee for overtime work for the period commencing April 8, 1993; and
Whereas, The plaintiffs and the City filed cross-motions for summary judgment which were determined by the Court by its Decision and Order dated June 19, 1998 and which resolved some issues in favor of the plaintiffs, some issues in favor of the City and other issues in favor of neither party, requiring a trial thereof; and
Whereas, A finding by the Court of a violation on the part of the City of the provisions of the Fair Labor Standards Act with respect to administration and/or payment of overtime compensation to police officers in the employ of the City of Milwaukee could result in sizable monetary liabilities accruing to the City in view of the number of individuals affected, the period of time elapsed, and the availability of liquidated damages and mandatory attorneys' fees pursuant to the enforcement provisions of the Fair Labor Standards Act; and
Whereas, In light of the foregoing and further in light of the difficulties and uncertainties that would necessarily be incurred in the defense of the City's position with respect to the issues upon which it was not granted summary judgment in its favor, the City Attorney has determined that it would be in the best interests of the City to pursue the possibility of a settlement of those issues; and
Whereas, The plaintiffs and the City, in light thereof, have reached settlement on the remaining issues in dispute in this case, and have memorialized the terms of settlement in a Stipulation for Settlement (with attached Exhibits); and
Whereas, The Court has indicated that it will approve the Stipulation for Settlement and issue an order directing its implementation and dismissing the remaining issues in dispute in this case upon approval thereof by the Common Council; and
Whereas, The City Attorney recommends that the Common Council approve the terms of settlement; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the terms of settlement of the remaining issues in dispute in the forestalled litigation, including the terms of the Stipulation for Settlement (with attached Exhibits) as attached to this file, be and hereby are approved in their entirety; and, be it
Futher Resolved, That the Common Council approves the expenditure of funds by the proper City Officers of the specific amounts necessary to implement the terms of the settlement from the Damages and Claims Fund (Account No. 01-013-8001) and the Police Salary and Wage Account (Account No. 01-331-6000) as provided in Common Council File No. 980736; and, be it
Futher Resolved, That the appropriate City officials are hereby authorized and directed to execute all instruments and documents and to take any other actions as may be necessary to implement the provisions of this Resolution.
DFTR:
City Attorney's Office
SSM:ksk
9/16/98
13923