NUMB:
970119
VERS:
SUBSTITUTE #2
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution appropriating funds from the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of retaining expert witnesses.
ANLS:
_____________________________________________
-Analysis-
This resolution appropriates $12,000 from the Outside Counsel/Expert Witness Fund Special Purpose Account to retain an expert witness in DeBraska et al. v. City of Milwaukee and supplement existing funds in Marino Construction Co., Inc. v. City of Milwaukee et al.
_____________________________________________
BODY:
Whereas, The Outside Counsel/Expert Witness Fund Special Purpose Account (01-023-8001) is to be used by the City Attorney's Office for the purpose of retaining the services of expert witnesses and outside legal counsel; and
Whereas, Funding in the amount of $8,000 is necessary to retain an expert witness in DeBraska et al. v. City of Milwaukee, Case No. 96-C-402; and
Whereas, This case was brought by the Milwaukee Police Association and certain individual police officers against the city alleging that the city has violated the Fair Labor Standards Act (20 U.S.C. ยง 201 et. seq.) in the method by which it compensates non-supervisory police officers in numerous respects; and
Whereas, The city is defending this case vigorously and the case is proceeding to summary judgment and to trial and funding is necessary to prepare for trial; and
Whereas, FN 950068 adopted on September 9, 1995 and FN 961944 adopted on May 15, 1997 appropriated funds from the Outside Counsel/Expert Witness Fund to retain an expert witness to assist in the defense of Marino Construction Co., Inc. v. City of Milwaukee et al. Case No. 95-002781; and
Whereas, $4,000 in additional funding is necessary to pay on-going expenses related to this case; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that $12,000 be appropriated from the Outside Counsel/Expert Witness Fund Special Purpose Account (01-023-8001) to the City Attorney's Office in Account (01-023-8002) to be allocated in the following manner: DeBraska et al. v. City of Milwaukee, $8,000 and Marino Construction Co., Inc. v. City of Milwaukee et al., $4,000; and, be it
Further Resolved, That the City Attorney's Office is authorized to retain the expert witnesses and expend the appropriation 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 Atty.
GFL:bgw.xwitsupp
August 19, 1997