Number
010767
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution approving an agreement between the City of Milwaukee and the Milwaukee Brotherhood of Firefighters respecting payment of Brotherhood attorney fees relating to the supplemental agreement in United States v. City, et al., Civil Action 74-C-480.
Analysis
In Common Council File No. 010543, the Common Council approved a Supplemental Order negotiated by and between the City Attorney and the United States and the Milwaukee Brotherhood of Firefighters (Brotherhood) in United States v. City, et al., Civil Action 74-C-480. The Supplemental Order resolves the Brotherhood's claims as they relate to the 1993, 1995 and 1999 examinations for employment of firefighters and hiring of cadets. This agreement resolves the Brotherhood's claim against the City for attorney fees, costs and expenses with respect to matters covered in the Supplemental Order. The agreement provides for the payment of a negotiated sum of $90,000 to the Brotherhood and its attorneys Hall Charne Burce and Olson, S.C. and Patrick O. Patterson, in full settlement of their claims for attorney fees, costs and expenses incurred by the charging parties in the matter of Brotherhood of Firefighters v. City of Milwaukee and Fire and Police Commission for the period between December 17, 1996 and the date of approval by the Common Council of the Supplemental Order. The agreement also provides for the payment of the sum of $10,000 in four semi-annual installments commencing January 30, 2002 to compensate the Brotherhood for routine court appearances contemplated by the Supplemental Order and for their due diligence obligations in conjunction with monitoring the entry of the provisional and final Supplemental Order and for monitoring the implementation of the Supplemental Order.
Body
Whereas, The Brotherhood filed charges of discrimination against the Milwaukee Fire Department with the Equal Employment Opportunity Commission (EEOC Charge No. 260-97-0100) charging inter alia discrimination in the selection processes for firefighters; and
Whereas, Following an investigation, the EEOC determined there was reasonable cause to believe that the 1993 and 1995 written examinations for firefighter, employment of firefighters and hiring of cadets, discriminated against African-Americans in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. ยง 2000e, et seq.; and
Whereas, As a result, the United States Department of Justice commenced a supplemental investigation of these charges as well as the 1999 written examination for firefighter; and
Whereas, The United States of America, the Brotherhood and the City of Milwaukee have negotiated a Supplemental Order in the case of United States of America and the Milwaukee Brotherhood of Firefighters v. City of Milwaukee, Civil Action No. 74-C-480, which resolves the Brotherhood's claims as they relate to the 1993, 1995 and 1999 examinations for firefighter, employment of firefighters and hiring of cadets; and
Whereas, The City Attorney has negotiated an agreement with the Brotherhood resolving the Brotherhood's claims for attorney fees, costs and expenses with respect to matters covered by the Supplemental Order; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Office of the City Attorney be and hereby is authorized and directed to execute on behalf of the City of Milwaukee the agreement between the City of Milwaukee and the Milwaukee Brotherhood of Firefighters annexed to the file; and, be it
Further Resolved, That the Common Council hereby approves the payment to the Brotherhood and their attorneys Hall Charne Burce & Olson, S.C. and Patrick O. Patterson, in the sum of $90,000 in accordance with the terms of the attached agreement, such payment to be charged to the Outside Counsel/Expert Witness Fund Special Purpose Account No. 0001-1490-2631-S157-634001; and, be it
Further Resolved, That the Common Council hereby approves the payment of the sum of $10,000 in four semi-annual installments commencing January 30, 2002, in accordance with the attached agreement, such sums to be charged to the attorney and Outside Counsel/Expert Witness Fund Special Purpose Account No. 0001-1490-2631-S157-634001.
Requestor
City Attorney
Drafter
TEH:kef
10/1/01 45712