Number
001468
Version
Original
Reference
Sponsor
Chair
Title
Resolution reserving $75,000 in the 2001 Common Council Contingent Fund to cover expenses for hiring testing consultants to review existing and develop new selection procedures for City of Milwaukee firefighters, fire cadets and for promotional examinations for Fire Lieutenant and Battalion Chief, and authorizing the Fire and Police Commission to enter into a contract with testing consultants to review and develop selection procedures in conjunction with the case captioned Brotherhood of Firefighters v. City of Milwaukee, EEOC Charge No. 260970100. (City Attorney)
Analysis
This resolution reserves funding within the 2001 Common Council Contingent Fund for the purpose of reviewing existing and developing new selection procedures for the Fire and Police Commission (FPC) for positions of firefighter, fire cadet, and promotional examinations to Fire Lieutenant and Battalion Chief, so that if the FPC determines it is necessary to hire a testing consultant for these purposes, funds will be available in the event an appropriation becomes necessary. The sum requested, $75,000, is the minimum amount likely to be needed for these purposes. The actual amount which may be needed is unknown. This resolution also grants authority to the FPC to contract with its chosen consultant and begin the development of selection procedures, in the event the FPC determines it is necessary to do so in order to comply with the current requirements of the law.
Body
Whereas, The Equal Employment Opportunity Commission (EEOC) issued a probable cause determination finding the 1993 and 1995 entry level written tests, the 1995 Fire Lieutenant and the 1996 Battalion Chief promotional examinations had adverse impact upon African American applicants; and
Whereas, The EEOC also found that these selection procedures were not valid within the meaning of their guidelines; and
Whereas, The Common Council in file number 000202 authorized the appropriation of $20,000 from the Common Council Contingent Fund for the purpose of retaining an outside expert who had been jointly selected with the Brotherhood of Firefighters as charging party, to assist the parties in conciliation of the subject selection procedures; and
Whereas, The EEOC failed the conciliation efforts of the parties on October 4, 2000 and referred the matter to the United States Department of Justice for assessment and possible prosecution; and
Whereas, The Fire and Police Commission may be required to obtain a testing consultant for purposes of litigation and/or reviewing and developing new selection procedures for the positions in question; and
Whereas, The amount necessary for such testing consultant is presently unknown; however, the sum of $75,000 represents the minimum which may be required for such purposes; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the sum of $75,000 shall be reserved in the 2001 Common Council Contingent Fund, (No. 0001 9990 0001 C001) for the purpose of paying testing consultants in connection with reviewing and developing new selection procedures for City of Milwaukee firefighters, fire cadets and for promotional examinations for Fire Lieutenant and Battalion Chief; and, be it
Further Resolved, That the Fire and Police Commission is authorized to negotiate a contract with test development consultants in conjunction with the development of selection procedures for the City of Milwaukee firefighters, fire cadets and promotional examinations for Fire Lieutenant and Battalion Chief, subject to Common Council approval.
Requestor
City Attorney
Drafter
MRH;mrh
01/17/01
96A000197