NUMB:
970076
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
Resolution authorizing private settlement between Steven H. Olmstead and the City of Milwaukee and the City of Milwaukee Fire and Police Commission. (City Attorney)
ANLS:
_______________________________________________________
Analysis
This resolution authorizes a private settlement between Steven H. Olmstead and the City of Milwaukee and the City of Milwaukee Fire and Police Commission in the amount of $86,605.00 which represents damages and $6,646.91 in attorneys fees. The Fire and Police Commission has approved the settlement and as part of the settlement Olmstead will be given employment, provided he can successfully pass the medical and background examination. _______________________________________________________
BODY:
Whereas, Steven H. Olmstead had filed a complaint of discrimination with the Department of Industry, Labor and Human Relations, Equal Rights Division, ("ERD") ERD Case No. 9254052, and the United States Equal Employment Opportunity Commission ("EEOC"), EEOC Charge No. 26G930292 to obtain employment with the City of Milwaukee Police Department and recover back wages as a result of the City of Milwaukee Fire and Police Commission's decision not to hire him in October of 1992; and
Whereas, The charge of discrimination filed with the ERD, where a determination was reached in favor of Mr. Olmstead, was withdrawn in favor of a determination by the EEOC, which was issued on September 23, 1996 concluding that there was reasonable cause to believe that the decision not to hire Mr. Olmstead was a violation of the Americans With Disabilities Act of 1990; and
Whereas, The conciliation process under the guidance of the EEOC between Mr. Olmstead and the City of Milwaukee was exhausted, and the case forwarded to the United States Department of Justice for possible litigation as of January 13, 1997; and
Whereas, Mr. Olmstead has agreed to enter into a private settlement agreement to finally and completely resolve any and all past and future claims which Mr. Olmstead has or may have against the City of Milwaukee and the City of Milwaukee Board of Fire and Police Commission in the amount of $86,605.00 in compensation and $6,646.91 in attorneys's fees; and
Whereas, The City Attorney recommends and the Common Council of Milwaukee deems it is expeditious and just to enter into a private settlement; now, therefore, be it
Resolved, That the settlement agreement amended to the file be and hereby is approved; 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 of Milwaukee check in the amount of $86,605.00 payable to Mr. Steve H. Olmstead, such sum to be charged to the Milwaukee Police Department Wage and Salaries Account, Account No. 01-331-6000; and be it
Further Resolved, The above check shall be delivered upon receipt of the appropriate releases and approved as to form only by the City Attorney and fulfillment of the contingencies set forth in the settlement agreement; and be it
Further Resolved, That the properly acknowledged, authorized and directed officer issue a check in the amount of $6,646.91 payable to Steven H. Olmstead and the Law Firm of Shneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks & Domer, such sum to be charged to the Damages and Claims Fund, Account No. 01-013-8001.
DFTR:
City Attorney
TMJ:kef Olmstead.res
04/15/97
CATTCity Attorney
TMJ:kef Olmstead.res
04/15/97
CATT