NUMB:
970124
VERS:
SUBSTITUTE 1
REF:
XXBY:
TITL:
Substitute resolution relative to settling Milwaukee County Circuit Court Case No. 96- CV-007157.
ANLS:
_____________________________________________
-Analysis- Resolution to settling Milwaukee County Circuit Court Case No. 96-CV-007157 for payment of attorney fees of $18,500.00. _____________________________________________
BODY:
Whereas, A citizen's complaint was made to the Department of Public Works ("Department") involving the ethical conduct by one, and possibly two employees of the Support Services Division of the Department; and
Whereas, Upon conducting a preliminary investigation, the Support Services Division decided to refer the matter to the City's Ethics Board because of the ethics allegations made and because the Department did not have subpoena powers to further any investigation; and
Whereas, The Ethics Board agreed to accept jurisdiction, under 303-19-2 Milwaukee Code of Ordinances ("MCO"), of the matter relative to both City employees and to conduct a full investigation of the charges made by the citizen complainant; and
Whereas, Upon notification of a preliminary investigation by the Ethics Board, the two employees involved retained their own attorney, Ms. Nola J. Hitchcock Cross of the firm of Adelman, Adelman & Murray, S.C.; and
Whereas, Ms. Cross pursued a temporary injunction against the City and the Ethics Board preventing the Ethics Board from conducting such preliminary investigation and, predicated on a Circuit Court action filed as Case No. 96-CV-007157, challenging the constitutionality of the City's Ethics Ordinance and alleging violation of the plaintiffs' constitutional rights to due process, freedom of speech and equal protection of the laws; and
Whereas, The temporary injunction was lifted so as to allow the Ethics Board to consider additional information supplied by the Support Services Division; and
Whereas, The Ethics Board, on ...
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