NUMB:
941984
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution relating to the claim
of Kenneth J. Murray and Adelman, Adelman &
Murray, S.C. for legal fees and costs
relative to litigation stemming from
employment matters involving John Balcerzak
and Joseph Gabrish.
ANLS:
_____________________________________________
-Analysis-
Police officers John Balcerzak and Joseph
Gabrish were discharged by Police Chief
Philip Arreola. The officers appealed to the
Board of Fire and Police Commissioners and
their discharge was sustained. The officers
then filed a statutory appeal and a common
law certiorari in the Circuit Court. The
Circuit Court reversed the discharge and
authorized the officers reinstatement subject
only to a maximum 60 day suspension to be
imposed by the Board of Fire and Police
Commissioners. The Board of Fire and Police
Commissioners imposed a 60 day suspension and
the officers appealed such suspension to the
Circuit Court. In an earlier file, the
Common Council authorized a settlement of the
officers' claim for back pay and benefits as
a result of their discharge. This file will
authorize a settlement of the officers' claim
for attorney's fees, a dismissal with
prejudice of all pending proceedings and a
release of any claims which have not yet been
asserted of the officers in conjunction with
their discharge and subsequent proceedings.
_____________________________________________
BODY:
Whereas, Kenneth J. Murray and Adelman,
Adelman and Murray, S.C. have filed a
complaint on behalf of John Balcerzak and
Joseph Gabrish for payment of $318,448 in
legal fees, costs and disbursements relative
to the discharge of Officers John Balcerzak
and Joseph Gabrish and subsequent proceedings
in respect thereto; and
Whereas, At the request of the Judiciary and
Legislation Committee, the City Attorney has
negotiated a settlement which would include
dismissal of all pending...
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