City of Milwaukee - File #: 231600

• File #: 231600
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 2/6/2024
• In control: COMMON COUNCIL
• Final action: 2/27/2024
• Title: Substitute resolution approving the settlement of the lawsuit entitled Naomi Gehling v. City of Milwaukee, Equal Rights Division Case No. CR202200320, cross-filed with the U.S. Equal Employment Opportunity Commission as Charge No. 26G202200485 and appropriating funds for this purpose.
• Sponsors: THE CHAIR
• Indexes: CITY ATTORNEY, SUITS SETTLEMENT

Date	Ver.	Action By	Action	Result	Tally
3/4/2024	1	MAYOR	SIGNED
2/27/2024	1	COMMON COUNCIL	ADOPTED	Pass	15:0
2/21/2024	0	JUDICIARY & LEGISLATION COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Deputy City Atty. Todd Farris Outside Counsel Daniel Finerty - Lindner & Marsck S.C.	Pass	5:0
2/21/2024	1	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
2/6/2024	0	COMMON COUNCIL	ASSIGNED TO

Number
231600
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
Substitute resolution approving the settlement of the lawsuit entitled Naomi Gehling v. City of Milwaukee, Equal Rights Division Case No. CR202200320, cross-filed with the U.S. Equal Employment Opportunity Commission as Charge No. 26G202200485 and appropriating funds for this purpose.
Analysis
This resolution authorizes settlement of claims raised by Complainant Naomi Gehling in the Equal Rights Division (ERD) complaint, cross-filed charge with the U.S. Equal Employment Opportunity Commission (EEOC), and potential federal court action, entitled Naomi Gehling v. City of Milwaukee, ERD Case No. CR202200320, cross-filed with the EEOC as Charge No. 26G202200485, in the amount of $40,000. The resolution also appropriates the necessary funds from the Damages and Claims Fund Special Purpose Account.
Body
Whereas, Naomi Gehling filed Naomi Gehling v. City of Milwaukee, ERD Case No. CR202200320, on January 31, 2022, alleging she was subject to discrimination based on sex and retaliation for having opposed discrimination in the workplace in violation of the Wisconsin Fair Employment Act between July 23, 2020, and October 1, 2021; and

Whereas, By virtue of the conflict of interest of the Office of the City Attorney, outside counsel Lindner & Marsack, SC, was proposed by the City Attorney and approved by the Judiciary and Legislation Committee to defend the complaint in this matter; and

Whereas, Counsel has advised the City’s defenses in this matter are both factually and legally strong, including, but not limited to, the untimely filing by the Complainant beyond the 300-day deadline in s. 111.39(1), Wis. Stats.; and

Whereas, Counsel believes the City can ultimately prevail on its defenses at hearing or, alternatively, in federal court; and

Whereas, The City Attorney has advised Counsel that he vehemently denies the factual and legal allegations in the Complaint, and he strongly objects...