Number
190839
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution indemnifying the 4th District Alderman from damages resulting from litigation in the matter of Milwaukee County Circuit Court Case No. 2007CV13965.
Analysis
This substitute 2 resolution indemnifies the 4th District Alderman from damages resulting from litigation in the matter of Milwaukee County Circuit Court Case No. 2007CV13965.
Body
Whereas, In 2007, Wisconsin Housing and Economic Development Authority (WHEDA) commenced a lawsuit against Tri-Corp Housing, Inc. for a foreclosure action (Wisconsin Housing and Economic Development Authority v. Tri-Corp Housing Inc.); and
Whereas, Tri-Corp Housing, Inc. counterclaimed against WHEDA and joined as an additional party the 4th District Alderman, Robert J. Bauman, who has been defended by the City through the office of the City Attorney; and
Whereas, At a point in the proceedings, Ald. Bauman removed the case to federal court, and Judge Easterbrook writing for the United States Court of Appeals for the Seventh Circuit stated in Tri-Corp Housing Incorporated v. Robert Bauman (No. 14-1358), “Public officials such as aldermen enjoy the right of free speech under the First Amendment, applied to the states through the Fourteenth. Speech is a large part of any elected official’s job, in addition to being the means by which the official gets elected (or re-elected).”; and
Whereas, On remand from the federal court, a trial on the remaining stat court claims is pending in Milwaukee County Circuit Court (Case No. 2007CV13965); and
Whereas, Wis. Stat. sec. 893.80(3) explicitly limits the amount recoverable by a person for damages in any tort action against any officer or official of any Wisconsin municipality and which, with respect to officers and officials of the City of Milwaukee, is $50,000; and
Whereas, After protracted litigation, and the trial court having dismissed all of Tri-Corp’s third-party claims except for two claims against Ald. Bauman - one for tortious interference with business relations and the other for defamation; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Ald. Bauman was acting within the scope of his employment as an alderman and member of the Milwaukee Common Council at the time relevant to the events described in this litigation; and, be it
Further Resolved, That the City of Milwaukee shall defend, indemnify and hold harmless the 4th District Alderman, Robert J. Bauman, from and against all losses or damages and, in the event that the jury or court determines him to be within the scope of employment, shall pay any judgment up to the amount permitted under Wis. Stat. sec. 893.80(3), that is, up to $50,000, resulting from any and all litigation related to Milwaukee County Circuit Court Case No. 2007CV13965; and, be it
Further Resolved, That the City of Milwaukee shall defend, indemnify and hold harmless the 4th District Alderman, Robert J. Bauman, from and against all losses or damages and, in the event that the jury or court determines him to be outside the scope of employment, shall pay any judgment resulting from any and all litigation related to Milwaukee County Circuit Court Case No. 2007CV13965.
Requestor
City Attorney
Drafter
JAS:
March 16, 2020
1033-2008-967:267586