Number
021794
Version
Original
Reference
Sponsor
The Chair
Title
Resolution authorizing settlement of State of Wisconsin, Department of Workforce Development, Equal Rights Division, claim, entitled Steven A. Lemery v. City of Milwaukee, Case 199804172, and United States Equal Opportunity Commission, entitled Steven A. Lemery v. City of Milwaukee, Charge No. 26G990429. (City Attorney)
Analysis
This resolution authorizes settlement of attorney fees and costs associated with the case entitled Steven A. Lemery v. City of Milwaukee, Case 199804172, and United States Equal Opportunity Commission, entitled Steven A. Lemery v. City of Milwaukee, Charge No. 26G990429
Body
Whereas, The plaintiff caused to be filed a Charge of Discrimination complaint with the State of Wisconsin, Department of Workforce Development, Equal Rights Division, entitled Steven A. Lemery v. City of Milwaukee, Case 199804172, and the United States Equal Opportunity Commission, entitled Steven A. Lemery v. City of Milwaukee with these agencies on November 21, 1998 alleging that he had been discriminated against on the basis of a disability in violation of the Wisconsin Fair Employment Act and the Americans With Disabilities Act; and
Whereas, The parties have agreed to settle this lawsuit and in consideration of a mutual release, the City has agreed to pay plaintiff's attorneys fees and costs in the amount of $45,000; back pay in the amount of $145,000; $100,000 for compensatory damages; and
Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it is expeditious and just to settle this lawsuit; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the proper City officers be and hereby are authorized and directed to issue a City check in the amount of $190,000, payable to Jeffrey S. Hynes, S.C., which represents attorneys fees and costs and one year of plaintiff's back pay specifically given in consideration for a release of liability under the Wisconsin Workers' Compensation Act, upon receipt of a release of claims, approved as to form and execution by the City Attorney, and that these funds shall be appropriated from the Damages and Claims Fund, Account No. 000114900001 S118006300; and, be it
Further Resolved, By the Common Council, that the proper City officers be and hereby are authorized and directed to issue a City check in the amount of $100,000, payable to Steven A. Lemery, which represents back pay, upon receipt of a release of claims, approved as to form and execution by the City Attorney, and that these funds shall be appropriated from the DPW-Infrastructure Services- Division-Field Operations - Street & Bridges Fund No 0001 5235 0001 R999 006000.
Requestor
City Attorney
Drafter
MNR
98A000267.002/65743
3/26/03