NUMB:
990263
VERS:
SUBSTITUTE 2
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution approving settlement of claims related to the Fair Labor Standards Act with various members of the Milwaukee Police Department (Police Department).
ANLS:
BODY:
Whereas, A complaint was filed on April 8, 1996, by Bradley DeBraska, et al, and by over 1400 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. §201, 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 Common Council approved a settlement of these claims on September 23, 1998, in file 980736; and
Whereas, The City of Milwaukee administered overtime and overtime compensation to several civilian employees in the same manner as those police officers named in DeBraska, et al v. City of Milwaukee; and
Whereas, A potential civil action by these civilian members would also likely result in a finding by a 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, and accrual of sizable monetary liabilities for the City; 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 should these ALEASP members initiate legal action against the City with respect to its administration and/or payment of overtime compensation, the City Attorney has determined that it would be in the best interests of the City to pursue settlement with the affected civilian employees, and a release of any civil claims against the City with respect to travel time incurred while serving as members of the Background Investigation Unit of the Milwaukee Police Department; and
Whereas, The City Attorney recommends that the Common Council approve the terms of settlement agreed to by the affected persons; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the releases of claims as attached to this file be and hereby are approved in their entirety; and, be it
Further Resolved, That the specific amounts stipulated in the attached releases of claims be paid from existing Police Wage and Salary (0001-3310-000600-0001-R999) appropriations; and, be it
Further 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:
Budget and Management Division
Ref: 99003; GCJ:nme
May 20, 1999
FINANCE: 990263r.doc