NUMB:
990300
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution approving a settlement agreement in a discrimination charge entitled Gerald L. Weathersby v. Milwaukee Fire Department, ERD Case No. 199803019, EEOC Charge No. 260-98-1138, to be paid from the City Attorney's Damages and Claims Fund.
ANLS:
Analysis This Resolution will approve a settlement agreement to be paid from the City Attorney's Damages and Claims Fund in settlement of ERD Case No. 199803019, EEOC Charge No. 260-98-1138 entitled Gerald L. Weathersby v. Milwaukee Fire Department in the amount of $2,000.00, which represents attorney's fees and costs; $2,908.48, which represents back pay; and $1,380.00 which represents compensatory damages for sums incurred for psychotherapy; and $3,000.00 which represents pain and suffering.
BODY:
Whereas, The charging party, Gerald L. Weathersby, filed a fair employment charge with the Equal Employment Opportunity Commission, claiming discrimination regarding retaliation against him; and
Whereas, The parties have agreed to settle this matter in the amount of $2,000.00, which represents attorneys fees and costs; $2,908.48, which represents back pay, less interim earnings, from which all appropriate payroll deductions will be made, including state and federal taxes, and City pension contributions; $1,380.00, which represents compensatory damages for sums incurred for psychotherapy; and $3,000.00 which represents pain and suffering; and
Whereas, The City Attorney recommends, and the Common Council of the City of Milwaukee deems it expeditious and just to settle this; 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 City check in the amount of $2,000.00, payable to Hall, Charney, Burce & Olson, S.C. which represents attorney's fees and costs, and $1,380.00 payable to Mr. Gerald Weathersby, which represents compensatory damages for sums incurred for psychotherapy; and $3,000.00 payable to Mr. Gerald Weathersby, which represents pain and suffering; and that these funds shall be appropriated from the Damages and Claims Fund 0001 1490 0001 S118 006300; and, be it.
Further 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 City check in the amount of $2,908.48, payable to Mr. Gerald L. Weathersby, which represents back pay, less interim earnings, and from which all necessary and appropriate deductions will be made including all federal and state taxes and City pension contributions, in full and final settlement of this lawsuit, upon receipt of a release of claims, approved as to form and execution by the City Attorney, and that these funds shall be appropriated from the City Attorney's Damages and Claims Fund 0001 1490 0001 S118 006300; and, be it
Further Resolved, That the Common Council of the City of Milwaukee approves the expenditure of funds by the proper City Officers of the specific amounts necessary to implement the settlement; and, be it
Further Resolved, That the appropriate City officials are hereby authorized and directed to execute all instruments and documents and to take any other actions as may be necessary to implement the provisions of this resolution.
ZDPT:
DFTR:
#22017:LAT:bss
Date: 5/12/99