Number
040478
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution settling the case of Pasko, et al. v. City of Milwaukee, et al., Case No. 98-CV-009353.
Analysis
This substitute resolution settles the case of Pasko, et al. v. City of Milwaukee, et al., Case No. 98-CV-009353 by authorizing the proper City officials to comply with the terms and conditions of the settlement agreement attached to the file. The settlement commits the City to pay $201,631.45 in attorney's fees and costs, to fill up to 15 vacant Milwaukee Police Department civilian dispatcher positions with Police Alarm Operators, and to increase the pension benefits of 12 retired Police Alarm Operators and other specified police department officers who served for a specified period of time in Police Alarm Operator positions.
Body
Whereas, The Milwaukee Police Association and certain of its members filed an action against the City alleging, among other things, that in 1998 the City unlawfully converted Police Alarm Operator positions to civilian police dispatcher positions; and
Whereas, The Milwaukee County Circuit Court has held that the City unlawfully converted Police Alarm Operator positions to civilian police dispatcher positions because the City failed to negotiate the change with the Milwaukee Police Association, the duly authorized representative of the Police Alarm Operators; and
Whereas, The Milwaukee County Circuit Court ordered the City and the Milwaukee Police Association to negotiate a resolution of the dispute; and
Whereas, The City and the Milwaukee Police Association have arrived at an agreement that resolves the dispute and will result in dismissal of the Milwaukee Police Association lawsuit against the City; and
Whereas, The City Attorney has advised the Common Council that the settlement is in the best interests of the City; 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 check in the amount of $145,135.95, payable to the law firm of Fuchs, DeStefanis & Boyle, S.C., and to issue a check in the amount of $56,495.50, payable to the law firm of Eggert & Cermele, S.C., the checks to be delivered to the City Attorney upon his request, said amount to be charged to the Damages and Claims Fund, Account No. 636505, Fund No. 0001, Organization No. 1490, Program No. 2631, Sub Class No. S118; and, be it
Further Resolved, That the proper City officers are authorized and directed to make the appropriate member pension contributions necessary under Charter ยง36-08-7 to effectuate the terms of the settlement, said amounts to be charged to the City's Share of the Employes'Annunity-Employees' Retirement System Fund No 0001, Organization No. 2110, Sub Class No. R455, Account No, 006112501; and, be it
Further Resolved, That the proper City officers are authorized and directed to take any other actions necessary to implement the terms of the settlement agreement attached to the file. The increase salaries resulting from the settlement are to be paid out of the Police Department Salary Account; and, be it
Further Resolved, That the City Attorney obtain release of claims related the this matter from the Milwaukee Police Association and each of its members who participate in and benefit from the settlement barring any further claims or other actions arising out of this matter by the Association or any of its participating members.
Requestor
City Attorney
Drafter
RMK:lmb
September 2, 2004
98c000393:84704