NUMB:
970124
VERS:
SUBSTITUTE 1
REF:
XXBY:
TITL:
Substitute resolution relative to settling Milwaukee County Circuit Court Case No. 96- CV-007157.
ANLS:
_____________________________________________
-Analysis- Resolution to settling Milwaukee County Circuit Court Case No. 96-CV-007157 for payment of attorney fees of $18,500.00. _____________________________________________
BODY:
Whereas, A citizen's complaint was made to the Department of Public Works ("Department") involving the ethical conduct by one, and possibly two employees of the Support Services Division of the Department; and
Whereas, Upon conducting a preliminary investigation, the Support Services Division decided to refer the matter to the City's Ethics Board because of the ethics allegations made and because the Department did not have subpoena powers to further any investigation; and
Whereas, The Ethics Board agreed to accept jurisdiction, under 303-19-2 Milwaukee Code of Ordinances ("MCO"), of the matter relative to both City employees and to conduct a full investigation of the charges made by the citizen complainant; and
Whereas, Upon notification of a preliminary investigation by the Ethics Board, the two employees involved retained their own attorney, Ms. Nola J. Hitchcock Cross of the firm of Adelman, Adelman & Murray, S.C.; and
Whereas, Ms. Cross pursued a temporary injunction against the City and the Ethics Board preventing the Ethics Board from conducting such preliminary investigation and, predicated on a Circuit Court action filed as Case No. 96-CV-007157, challenging the constitutionality of the City's Ethics Ordinance and alleging violation of the plaintiffs' constitutional rights to due process, freedom of speech and equal protection of the laws; and
Whereas, The temporary injunction was lifted so as to allow the Ethics Board to consider additional information supplied by the Support Services Division; and
Whereas, The Ethics Board, on December 9, 1996, considered the supplemental information from the Support Services Division and took the action to terminate its preliminary investigation upon findings that it no longer had a reasonable basis on which to believe that a violation of the City Ethics Code had been committed; and
Whereas, Ms. Cross has submitted a proposal to the City Attorney's Office which would dismiss the pending Circuit Court action upon a mutual release of the parties and payment of attorney fees; and
Whereas, As a part of such settlement, the plaintiffs agree to release the City from any and all civil rights claims arising out of the circumstances surrounding these investigations and any other claims except for claims for disability benefits or worker's compensation; and
Whereas, 303-31 MCO provides that "city funds shall be used to reimburse individuals for reasonable legal expenses incurred in their successful defense of charges filed against them with the [Ethics] Board. . ."; and
Whereas, The Office of the City Attorney recommends this settlement; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Office of the City Attorney is authorized and directed to take all necessary actions to effect the proposed settlement based on the above terms and conditions and that the proper City officers are authorized and directed to execute any necessary documents to effect such settlement; and, be it
Further Resolved, That the proper City officers are hereby authorized and directed to issue a City check in the total sum of $18,500.00 payable to Attorney Nola J. Hitchcock Cross and her clients as reimbursement for the legal fees incurred in the successful defense of charges brought under the City Ethics Code and for the release of civil rights claims as discussed above; and, be it
Further Resolved, That these funds for such settlement are to be charged to the Damages and Claims Fund, account no. 01-013-8001.
ZDPT:
DFTR:
City Atty.
HAS:ksk
04/29/97
kkloso\DPW.RES
CATT01.
ZDPT:
DFTR:
City Atty.
HAS:ksk
04/29/97
kkloso\DPW.RES
CATT