NUMB:
970723
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution approving the expenditure of up to $15,000 from the Expert Witness and Outside Counsel Special Purpose Account for the purpose of providing outside counsel to the Milwaukee Employes' Retirement System and Annuity and Pension Board in Milwaukee Police Association, Bradley DeBraska v. Milwaukee Employes' Retirement System and Annuity and Pension Board, Circuit Court Case No. 97-CV-007996.
ANLS:
_______________________________________________________
- Analysis -
This substitute resolution approves the expenditure of $15,000 to be reallocated from the MPA v. ERS, Case No. 95-CV-011251 account to MPA v. ERS, Case No. 97-CV-007996 account, from the Expert Witness and Outside Counsel Special Purpose Account No. 01-023-8002, for the purpose of providing outside counsel to the Milwaukee Employes' Retirement System and Annuity and Pension Board in MPA, et al. v. City of Milwaukee, et al., Circuit Court Case No. 97-CV-007996. _______________________________________________________
BODY:
Whereas, The Milwaukee Employes' Retirement System and Annuity and Pension Board are defendants in the case of MPA, et al. v. City of Milwaukee, et al., Case No. 97-CV-007996; and
Whereas, Inter alia the plaintiffs in the case seek a declaration that Charter Ordinance File No. 970387 is invalid, and an injunction enjoining its enforcement; and
Whereas, The City Attorney has previously opined that Charter Ordinance File No. 970387 is not legal and enforceable and therefore is unable to defend the Milwaukee Employes' Retirement System and Annuity and Pension Board in the action that has been brought; and
Whereas, The Milwaukee Employes' Retirement System has negotiated a contract with the firm of Whyte Hirschboeck Dudek S.C., to provide the Milwaukee Employes' Retirement System and Annuity and Pension Board with representation in the above-referenced action in the defense of Charter Ordinance File No. 970387; now, therefore, be it
Resolved, By the Common Council that the firm of Whyte Hirschboeck Dudek S.C. be and hereby is authorized to represent the Milwaukee Employes' Retirement System and Annuity and Pension Board as outside counsel in defense of Charter Ordinance File No. 970387 in the above-entitled action; and, be it
Resolved, That the Agreement between the Milwaukee Employes' Retirement System and Annuity and Pension Board and Whyte Hirschboeck Dudek S.C., attached to the file, be and hereby is approved; and, be it
Further Resolved, That the expenditure of up to $15,000 be reallocated from the Outside Counsel/Expert Witness Fund in Account No. 01-023-8002, MPA v. ERS, Case No. 95-CV-011251 to Account No. 01-023-8002, MPA v. ERS, Case No. 97-CV-007996 for the purpose of providing outside legal counsel to the Milwaukee Employes' Retirement System and Annuity and Pension Board under the terms of Contract, be and hereby is approved. Such amounts to be expended upon the presentation and approval of invoices for service by the Office of the City Attorney.
ZDPT:
DFTR:
City Atty.
TEH:kef\mpa15ocf
11/12/97