Number
212044
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution relating to an agreement with outside counsel Emile Banks & Assoc. in the matter of Bodden-Eichsteadt v. City of Milwaukee.
Analysis
This resolution approves and authorizes the Office of the City Attorney to enter into a contract for legal services with the law firm of Emile Banks & Associates, LLC, to compensate the law firm for legal services and representation already provided to the City of Milwaukee in the case entitled Susan Bodden-Eichsteadt v. City of Milwaukee, Alfonso Morales and MaryNell Regan, U.S. District Court Case No. 19-CV-1556.
Body
Whereas, On October 24, 2019, former City of Milwaukee employee Susan Bodden-Eichsteadt filed a complaint in the Eastern District of Wisconsin against the City of Milwaukee, Alfonse Morales, and MaryNell Regan; and
Whereas, On January 10, 2020, the law firm of Emile Banks & Associates, LLC, was engaged by the Office of the City Attorney to represent MaryNell Regan, and thereafter, Alfonso Morales, under the practice and procedure in place at the time that did not require pre-authorization by the Common Council; and
Whereas, The practice and procedure was thereafter altered by amendment to Section 304-23 of the Milwaukee Code contemplating authorization of the Common Council prior to retention of a law firm outside of the City Attorney’s permanent staff, pursuant to a written agreement; and
Whereas, The Office of the City Attorney seeks to fairly compensate outside counsel for legal services and representation already provided to MaryNell Regan and Alfonso Morales on behalf of the City in good faith under a negotiated contract; now, therefore, be it
Resolved, By the Common Council of the City Milwaukee, that the Office of the City Attorney is authorized to compensate Emile Banks & Associates, LLC, for legal services and representation provided to MaryNell Regan and Alfonso Morales on behalf of the City in the case entitled Susan Bodden-Eichsteadt v. City of Milwaukee, Alfonso Morales and MaryNell Regan, U.S. District Court Case No. 19-CV-1556; and, be it
Further Resolved, That the Office of the City Attorney and appropriate City officers are authorized to negotiate and execute a First Amendment to the Contract for Legal Services with Emile Banks & Associates, LLC, substantially in the form attached to this file; and, be it
Further Resolved, That an amount not to exceed $23,816.52 is appropriated from the City Attorney’s Office Outside Counsel Expert Witness Special Purpose Account Number 0001-1490-S157-06300 for retaining outside counsel; and, be it
Further Resolved, That the Office of the City Attorney is directed to expend up to $23,816.52 from this account for this purpose
Requestor
City Attorney
Drafter
RAP
March 14, 2025