Number
010543
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution approving a testing procedure for entry-level positions of fire fighter and settlement of claims of discrimination and disparate impact concerning entry-level positions of fire fighter in the Milwaukee Fire Department from the 1993, 1995 and 1999 examinations.
Analysis
This resolution authorizes settlement of certain charges of employment discrimination against the City of Milwaukee that have been investigated by the United States Department of Justice, as follows: that the 1993, 1995 and 1999 entry-level written examinations for fire fighter discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964, as amended; that the City's recruitment of African American fire fighters and cadets has discriminated against African Americans in violation of Title VII; and, that the City's hiring of African American cadets has discriminated against African Americans in violation of Title VII.
Body
Whereas, On October 3, 1996 and February 26, 1997, the Milwaukee Brotherhood of Fire Fighters filed charges of discrimination with the United States Equal Employment Opportunity Commission ("EEOC") alleging, among other things, discriminatory testing, recruitment and hiring procedures with respect to African Americans, for entry level fire fighter positions; and
Whereas, On December 10, 1999 the EEOC issued a determination that the 1993 and 1995 written examinations given to applicants for the entry level fire fighter positions were not properly validated and resulted in adverse impact on the hiring of African Americans as fire fighters; and
Whereas, On October 5, 2000, the EEOC referred these charges to the United States Department of Justice pursuant to 42 U.S.C. ยง2000e, et. seq.; and
Whereas, the Department of Justice commenced a supplemental investigation of these charges as well as the related practice in the City's 1999 written examination for entry level fire fighters, and the Department of Justice has concluded its investigation regarding the city's 1993, 1995 and 1999 written examinations for fire fighter; and
Whereas, The United States Department of Justice and the Milwaukee Brotherhood of Firefighters have agreed to settle these claims as set forth in the attached Memorandum Settlement Agreement in which the United States and the City of Milwaukee agree to submit a proposed Supplemental Order for approval of United States District Court of the Eastern District of Wisconsin providing the relief called for therein, if approved by the United States District Court; and
Whereas, The relief proposed in the Supplemental Order, if approved, would obligate the City of Milwaukee to provide the sum of $1,800,000 as and for a settlement fund, in three deposits as follows: $600,000 within 30 days of the date of entry of the court's final order; a second deposit of $600,000 within 13 months from the date of the court's final order; and, a third deposit of $600,000 within 25 months of the date of the court's final order; and
Whereas, The proposed Supplemental Order, would also, if approved, require the City to hire up to forty African American claimants on a priority basis and provide them with certain retroactive seniority and pension credit as called for therein; and
Whereas, The proposed Supplemental Order, if approved, would further require the City to provide notifications, testing procedures, and administer the payment of claims as provided therein; and
Whereas, The City Attorney recommends, and the Common Council of the City of Milwaukee deems it expeditious and just to settle these claims; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Memorandum Settlement Agreement and the attached proposed Supplemental Order is hereby approved; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that the City Attorney be authorized to execute the attached Memorandum Settlement Agreement and proposed Supplemental Order; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that the City Attorney be and hereby is authorized to approve any non-substantive changes in the Memorandum Settlement Agreement or the proposed Supplemental Order or its appendices as well as any procedures necessary to obtain court approval of the proposed Order; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that the payment of 1.8 million dollars which will be required if the Supplemental Order is approved and entered by the United States District Court shall be charged to the Damages and Claims Fund, account number 0001-1490-2631-S118-636506; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that the proper City Officers be and hereby are authorized to implement and administer the Supplemental Order if it is approved and entered by the United States District Court.
Requestor
City Attorney
Drafter
MRH:kef
October 5, 2001
96A000197