Number
250952
Version
ORIGINAL
Reference
212043
Sponsor
THE CHAIR
Title
Resolution relating to a second amendment to agreement with outside counsel Emile Banks & Assoc. in the matter of Harris v. City of Milwaukee.
Analysis
This resolution approves and authorizes the Office of the City Attorney to enter into a second amendment to a contract for legal services with the law firm of Emile Banks & Associates, LLC, to provide legal services and representation to Terrence Brumirski for the City of Milwaukee in the case entitled Bankruptcy Estate of Santoasha Harris v. Terrence Brumirski, et al., Milwaukee Cnty. Case No. 2023CV7608.
Body
Whereas, On April 14, 2020, Santoasha Harris filed a complaint against the City of Milwaukee and a former employee of the City, Terrence Brumirski, in the Eastern District of Wisconsin; and
Whereas, On May 28, 2020, the City of Milwaukee entered into a Contract for Legal Services between the City of Milwaukee and Emile Banks & Associates, LLC, for representation of Terrence Brumirksi regarding the claims against him; and
Whereas, The federal matter has resolved through appeal to the Seventh Circuit Court of Appeals, but that plaintiff filed a new action in the State of Wisconsin Circuit Court, Bankruptcy Estate of Santoasha Harris v. Terrence Brumirski, et al., Milwaukee Cnty. Case No. 2023CV7608, concerning the same underlying facts as the federal matter; and
Whereas, The original agreement authorized payment in an amount not to exceed $20,000.00; and
Whereas, The total cost of legal services exceeded the prior agreed amount, and an additional $55,000.00 was authorized by the Common Council to cover those costs; and
Whereas, The total cost of legal services has exceeded the first amended amount, and an additional $30,206.61 is deemed necessary and appropriate to get the matter through the next phase of litigation; and
Whereas, The City of Milwaukee may have a conflict because the City Attorney is defending the City in the same matter and may take a position adverse to Terrence Brumirski; and
Whereas, The City desires Emile Banks & Associates, LLC, to defend Terrence Brumirski in the above-referenced lawsuit; and
Whereas, The City desires to pay Emile Banks & Associates, LLC, for the reasonable costs of its legal services that it has incurred and will incur; now, therefore, be it
Resolved, By the Common Council of the City Milwaukee, that the Office of the City Attorney is authorized to retain outside counsel to provide legal services and representation for the City to Terrence Brumirski in the case entitled Bankruptcy Estate of Santoasha Harris v. Terrence Brumirski, et al., Milwaukee Cnty. Case No. 2023CV7608; and, be it
Further Resolved, That the Office of the City Attorney and appropriate City officers are authorized to negotiate and execute a Second Amendment to Contract for Legal Services with Emile Banks & Associates, LLC,; and, be it
Further Resolved, That an amount-not-to-exceed $105,206.61 is appropriated from the City Attorney’s Office Outside Counsel Expert Witness Special Purpose Account Number 0001-1490-S157-06300 for retaining outside counsel; and, be it
Further Resolved, That the Office of the City Attorney is directed to expend up to $105,206.61 from this account for this purpose
Requestor
City Attorney
Drafter
Robin A. Pederson
September 22, 2025