NUMB:
981209
VERS:
SUBSTITUTE 3
XXBY:
THE CHAIR
TITL:
Substitute resolution appropriating funds from the Contingent Fund to the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of retaining outside legal counsel.
ANLS:
- Analysis -
This resolution appropriates $330,000 from the Contingent Fund to the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of funding outside legal counsel expenses related to several on-going lawsuits.
BODY:
Whereas, The entire amount of funding in the Outside Counsel/Expert Witness Fund Special Purpose Account has been previously appropriated for various cases and additional funding from the Contingent Fund is necessary; and
Whereas, Common Council File Number 971183, adopted November 25, 1997, authorized the City Attorney to enter into an agreement with the law firm of Reinhart, Boerner, Van Deuren, Norris & Riselbach, S.C. ("Firm") to provide the City representation in the case of MPA, et al. V. City of Milwaukee, et al., Case Number 97-CV-007996, as outside counsel in defense of Common Council File Number 970387, passed October 14, 1997; and
Whereas, Common Council File Number 971183, adopted on November 25, 1997, appropriated $10,000, and Common Council File Number 971609, adopted on February 10, 1998, appropriated $50,000, and Common Council File Number 980719, adopted on June 16, 1998 appropriated $100,000 from the Contingent Fund; and
Whereas, Billings from Reinhart, Boerner, Van Deuren, Norris & Riselbach, S.C., through October total $190,277.56 and there is a negative balance of $30,277.54 and additional funding in the amount $75,000 is necessary for the remainder of the year; and
Whereas, Common Council File Number 971781 adopted on April 14, 1998, appropriated $39,000 and authorized the City Attorney to expand the scope of the Firm's engagement to include acting as a consultant in the establishment of a new retirement system for city employees; and as that as part of such amendment the Firm was authorized to sub-contract for the services of a Disadvantaged Business Enterprise contractor in the purchase of professional services; and Common Council File Number 961946, adopted on June 16, 1998, appropriated $10,000 from the Contingent Fund, and Common Council File Number 980718, adopted on September 23, 1998 appropriated an additional $30,000 from the Contingent Fund; and
Whereas, Billings from Reinhart, Boerner, Van Deuren, Norris & Riselbach, S.C., and their subcontractor through October total $98,867.77 and there is a negative balance of $19,867.77 and additional funding in the amount of $75,000 is necessary for the remainder of the year; and
Whereas, Common Council File Number 960765, adopted on January 17, 1998, appropriated $10,000 for the purpose of hiring outside counsel Friebert, Finerty & St. John, S.C. to represent the City in Policemen's Annuity & Benefit Fund v. City of Milwaukee, Case No. 97-CV-0009822; and Common Council File Number 980717, adopted on September 23, 1998, appropriated an additional $5,000; and
Whereas, Billings by Friebert, Finerty & St. John S.C., through October total $19,309.90 and there is a negative balance of $4,309.90; and additional funding in the amount of $15,000 is necessary for the remainder of the year; and
Whereas, Common Council File Number 961945, adopted on October 14, 1997 appropriated $10,000 for outside counsel Fuchs, Snow, O'Connell & DeStafanis to represent the Policemen's Annuity and Benefit Fund Board in Policemen's Annuity & Benefit Fund v. City of Milwaukee, Case No. 97-CV-0009822; and Common Council File Number 980721, adopted on September 23, 1998 appropriated an additional $5,000; and
Whereas, Billings by Fuchs, Snow, O'Connell & DeStafanis through September total $10,324.24 and there is a remaining balance of $4,675.76 and additional funding in the amount of $5,000 is necessary for the remainder of the year; and
Whereas, Common Council File Number 961465, adopted on January 17, 1997 appropriated $15,000 for outside counsel Whyte, Hirschboeck, Dudek, S.C.to represent the Employes' Retirement System/Annuity and Pension Board in Milwaukee Employes' Retirement System, et al. v. City of Milwaukee, Case No. 97-CV-000685 (Budget Performance Fee Case); and Common Council File Number 980720, adopted on September 23, 1998 appropriated an additional $15,000; and
Whereas, Billings by Whyte, Hirschboeck, Dudek, S.C. through August total $41,647.97 and there is a negative balance of $30,298.57 and additional funding in the amount of $40,000 is necessary for the remainder of the year; and
Whereas, Common Council File Number 980714, adopted on September 23, 1998 appropriated $5,000 from the Contingent Fund for outside counsel Whyte, Hirschboeck, Dudek, S.C. to represent the Annuity and Pension Board with representation in negotiating an Indemnification Agreement; and
Whereas, Billings by Whyte, Hirschboeck, Dudek, S.C. through August total $7,239.32 and there is a negative balance of $2,801.90 and additional funding in the amount of $10,000 is necessary for the remainder of the year; and
Whereas, Common Council File Number 980840, adopted on October 9, 1998 appropriated $50,000 from the Contingent Fund for outside counsel, Michael, Best & Freidrich, LLP, to represent the City in Milwaukee Teachers' Education Association, et al. v. Governor Tommy Thompson, et al. Case No, 98-CV001903 (Charter School Litigation); and
Whereas, Billings by Michael, Best & Freidrich, LLP through November total $99,894.22 and there is a negative balance of $49,894.22 and additional funding in the amount of $110,000 is necessary for the remainder of the year; now, therefore, be it
Resolved, That the sum of $330,000 be appropriated from the Common Council Contingent Fund (09-910-8000) to the Outside Counsel/Expert Witness Special Purpose Account (01-023-8001) and the City Attorney's Office Account (01-023-8002) for the purposes of funding outside counsel legal expenses in the above-referenced actions and related matters; and, be it
Further Resolved, That the City Attorney's Office is authorized to expend the appropriations for the stated purposes; and that the application of the funds appropriated herein to a case other than that specifically referred to herein shall be subject to the further direction of the Common Council.
ZDPT:
CITY ATTORNEY
DFTR:
City Attorney
(GFL:bw)
December 11, 1998
#15970