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File #: 980736    Version:
Type: Resolution Status: Passed
File created: 9/1/1998 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 9/23/1998
Effective date:    
Title: Substitute resolution approving settlement in the action entitled Bradley DeBraska, et al. v. City of Milwaukee, U.S. District Court Case No. 96-C-402.
Sponsors: THE CHAIR
Indexes: CONTINGENT FUND, OVERTIME, OVERTIME PAY, SUITS PAYMENT
NUMB:
980736
VERS:
SUBSTITUTE 1
REF:

XXBY:

TITL:
Substitute resolution approving settlement in the action entitled Bradley DeBraska, et al. v. City of Milwaukee, U.S. District Court Case No. 96-C-402.
ANLS:

- Analysis -

This substitute resolution approves the settlement of the case entitled Bradley DeBraska, et al. v. City of Milwaukee, U.S. District Court Case No. 96-C-402.

Following issuance of the Court's Decision and Order on cross-motions for summary judgment in this case, and extended negotiations, counsel for the plaintiffs and the City have reached settlement of all issues in dispute in this litigation upon which the City did not prevail including: (a) "police canine" issues; (b) Background Investigation Unit/Senior Citizen Unit travel time issues; (c) remaining issues pertaining to "liquidated damages"; and (d) issues pertaining to attorneys' fees, and have concluded a Stipulation for Settlement (with attached Exhibits) with respect to these issues.

The terms of settlement provide for the payment of a stipulated amount representing back overtime compensation for the period April 8, 1994 until the present, to be allocated among all "eligible" current and former police officers (as defined by the terms of the Stipulation for Settlement) who, in accordance with the requirements of the Fair Labor Standards Act, individually consent to the terms of settlement and to participation in the proceeds thereof, and who execute a form of individual Release of Claim in favor of the City certifying their consent, as set forth in Exhibit 3 attached to the Stipulation for Settlement.

The terms of settlement also provide: (a) for payment by the City of Milwaukee to counsel for the plaintiffs of a stipulated amount representing attorneys' fees; and (b) for specified deductions from the back overtime compensation due to certain of the "eligible" current and former police officers named in the Stipulation for Settlement, to be applied towa...

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