Number
230892
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing settlement of claims in the lawsuit entitled Chad Vance, et al. v. City of Milwaukee, Milwaukee County Court Case Number 2023-CV-1401.
Analysis
This resolution authorizes a settlement payment in the lawsuit Chad Vance, et al. v. City of Milwaukee, Milwaukee County Court Case Number 2023-CV-1401 in an amount not to exceed $450,000.00, plus an additional $15,909.77 for the payment of employer payroll taxes, to fund the payments set forth in the Settlement Agreement.
Body
Whereas, the plaintiffs, have agreed to settle claims for themselves, against the City of Milwaukee through a Settlement Agreement providing for payment of the total amount not to exceed $450,000.00;
Whereas, the Settlement Agreement approved as to form and executed by the City Attorney, the Plaintiffs,
and
Whereas, the City Attorney recommends and the Common Council of the City of Milwaukee deems it appropriate and just to pay a settlement of the claims against it in this lawsuit; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that a Settlement Agreement in substantially the same form as attached to this file in Exhibit A, between the City of Milwaukee and the plaintiffs and claimants referred to in Chad Vance, et al. v. City of Milwaukee, filed as Milwaukee County Court Case Number 2023-CV-1401, is approved; and, be it
Further Resolved, That the City Attorney is authorized to execute and approve all documents and take all actions necessary to carry out the terms and conditions of the Settlement Agreement; and, be it
Further Resolved, That in compliance with the City Attorney’s direction, the proper City officials are authorized and directed to issue City checks as follows, in full and final settlement of these claims:
1. The sum of $138,043.83 to Hawks Quindel S.C., 5150 N. Port Washington Road, Suite 243, Milwaukee, WI 53217 for attorney fees and costs, to be charged to the Damages and Claims Fund, Account No. 0001-1490-S118-006300; and
2. Upon receipt of an executed settlement agreement from each Employee claimant, individual checks totaling no more than $103,985.39, issued on a pro-rata basis and as agreed by plaintiffs’ counsel, made out to each settling Employee claimant and made without any withholdings, as a 1099 payment for liquidated damages and civil penalties allegedly due to each settling Employee claimant in this matter to be charged to the Damages and Claims Fund, Account No. 0001-1490-S118-006300, to be delivered in the settling Employee’s name to Hawks Quindel S.C. 5150 N. Port Washington Road, Suite 243, Milwaukee, WI 53217; and,
3. Upon receipt of an executed settlement agreement from each Employee claimant, individual checks totaling no more than $207,970.78 pre-tax withholding, divided amongst the settling Employee claimants as agreed by plaintiffs’ counsel, made out to each settling Employee claimant with standard employee income tax and payroll withholdings, as a W2 payment for unpaid wages in this matter, to be charged to the DPW Forestry Salaries Fund, Account 600101, Fund 0001, Dept. 5458, Program 4600, Class R999.
; and, be it
Further Resolved, That an additional amount up to $15,909.77 shall be charged to the DPW Forestry Salaries Fund, Account 600101, Fund 0001, Dept. 5458, Program 4600, Class R999 for the purpose of payment of employer payroll taxes in relation to the individual checks issued for unpaid wages to the settling Employee claimants; and be it
Further Resolved, That the proper City officials are directed to expend up to $465,909.77 from these accounts for this purpose.
Requestor
City Attorney
Drafter
Robin Pederson
October 20, 2023
1068-2023-372/287317