Number
010658
Version
Original
Reference
Sponsor
Chair
Title
Resolution authorizing settlement of age discrimination charge entitled Association of Law Enforcement Allied Services Personnel, Local 218, IUPA, AFL-CIO v. City of Milwaukee and Board of Fire and Police Commissioners, EEOC Charge No. 260A10699, ERD Case No. CR200101280. (City Attorney)
Analysis
The resolution authorizes settlement of EEOC Charge No. 260A10699, ERD Case No. CR200101280 brought by the Association of Law Enforcement Allied Services Personnel, Local 218, against the City of Milwaukee and Board of Fire and Police Commissioners, by agreeing to provide prospective modification of the amount of retiree health insurance contributions for the classification of Police Service Specialist, and to provide adjustments retroactive to the month of January, 2001 to Police Service Specialists who execute individual releases and waivers.
Body
Whereas, The charging party, Association of Law Enforcement Allied Services Personnel, Local 218, IUPA, AFL-CIO, (ALEASP) filed discrimination charges with the EEOC and ERD, claiming discrimination based upon age, violations of the Age Discrimination in Employment Act (ADEA) and the Older Worker Benefit Protection Act (OWBPA) regarding Police Services Specialists ("PSSs") with respect to provisions in the collective bargaining agreement concerning health insurance benefits; and
Whereas, The parties have agreed to settle this lawsuit as set forth in the Settlement Agreement attached to this file, which provides in part, that PSS employees will continue to be deemed retirees for purposes of health insurance coverage; however, the contributions made by PSSs for retiree health insurance will be equal to the amount said PSS employee would be obligated to contribute for group health insurance if said PSS employee were covered under the group health insurance provisions in the collective bargaining agreement between the City and ALEASP. In addition, an adjustment retroactive to January 2001 will be made for PSS employees who execute releases and waivers of individual claims. The adjustment will be a sum equal to the difference between what the PSS employee contributed toward their retiree health insurance, and what they would have paid toward health insurance if they were covered by the group health insurance provisions in the collective bargaining agreement between the City and ALEASP. The Charging Party, and the individual releasers, waive and release any and all damages claims, including attorney fees and costs; and
Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it is expeditious and just to settle this lawsuit; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the City Attorney be and hereby is authorized to execute the Settlement Agreement attached to the file; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that the proper City officers be and hereby are authorized to implement the Settlement Agreement, and are directed to issue City checks in the amounts necessary to provide the retroactive adjustments to individual PSS employees as provided in the Settlement Agreement, upon receipt of a release of claims, approved as to form and execution by the City Attorney, and that these funds shall be refunded from and charged to the Agency (Trust) Accounts which applies to their particular retiree health plan: Account number 201102, Fund numbers 0782, 0783, 0784, 0785, or 0786, organization number 1645.
Requestor
City Attorney
Drafter
MRH/mh
8/22/01
1032-2001-1221
44296