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File #: 212043    Version:
Type: Resolution Status: Passed
File created: 4/19/2022 In control: COMMON COUNCIL
On agenda: Final action: 9/19/2023
Effective date:    
Title: Substitute resolution relating to an agreement with outside counsel Emile Banks & Assoc. in the matter of Harris v. City of Milwaukee.
Sponsors: THE CHAIR
Indexes: CITY ATTORNEY, CONSULTANTS
Attachments: 1. Contract for Legal Services.pdf, 2. first amendment to legal services Contract.pdf, 3. FiscalImpactStatement.pdf, 4. letter_to_cc_re_outside_counsel.pdf
Number
212043
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR

Title
Substitute resolution relating to an agreement with outside counsel Emile Banks & Assoc. in the matter of Harris v. City of Milwaukee.

Analysis

This substitute resolution approves and authorizes the Office of the City Attorney to enter into an amendment to a contract for legal services with the law firm of Emile Banks & Associates, LLC, to provide legal services and representation to Terrence Brumirski for the City of Milwaukee in the case entitled Bankruptcy Estate of Santoasha Harris v. City of Milwaukee, Terrence Brumirski and ABC Insurance Company, U.S. District Court Case No. 20-C-0609.

Body

Whereas, On April 14, 2020, Santoasha Harris filed a complaint against the City of Milwaukee and a former employee of the City, Terrence Brumirski, in the Eastern District of Wisconsin; and

Whereas, On May 28, 2020, the City of Milwaukee entered into a Contract for Legal Services between the City of Milwaukee and Emile Banks & Associates, LLC, for representation of Terrence Brumirksi regarding the claims against him; and

Whereas, The original agreement attached to the file authorized payment in an amount not to exceed $20,000.00; and

Whereas, The total cost of legal services has exceeded the prior agreed amount in order to get the matter through the filing of summary judgment motions, and an additional $55,000.00 is sufficient to cover those costs; and

Whereas, The City of Milwaukee may have a conflict because the City Attorney is defending the City in the same matter and may take a position adverse to Terrence Brumirski; and

Whereas, Section 304-23 of the Milwaukee Code allows the Common Council to authorize retention of a law firm outside of the City Attorney’s permanent staff, pursuant to a written agreement; and

Whereas, The City desires Emile Banks & Associates, LLC, to defend Terrence Brumirski in the above-referenced lawsuit; and

Whereas, The City desires to pay Emile Ban...

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