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File #: 231100    Version: 0
Type: Resolution Status: Passed
File created: 11/21/2023 In control: COMMON COUNCIL
On agenda: Final action: 2/27/2024
Effective date:    
Title: Resolution authorizing payment of costs and attorneys’ fees in the lawsuit entitled Citizen Complaint of Mr. Toccaro Harris Against Officers Richard Michalak and Jacob Baczak, FPC No. 2022-088.
Sponsors: THE CHAIR
Indexes: SUITS PAYMENT
Attachments: 1. Harris - Common Council Payee Letter.pdf, 2. Harris - Letter and Billing Information from Cermele and Matthews.pdf, 3. Harris - Fiscal Impact Statement.pdf

Number

231100

Version

 

ORIGINAL

Reference

 

Sponsor

THE CHAIR

 

Title

Resolution authorizing payment of costs and attorneys’ fees in the lawsuit entitled Citizen Complaint of Mr. Toccaro Harris Against Officers Richard Michalak and Jacob Baczak, FPC No. 2022-088.

 

Analysis

This resolution authorizes payment to the law firm Cermele & Matthews, S.C. (hereinafter LAW FIRM), in the lawsuit entitled Citizen Complaint of Mr. Toccaro Harris Against Officers Richard Michalak and Jacob Baczak, FPC No. 2022-088 in an amount not to exceed $17,770.00 to fund their now concluded and successful defense of Milwaukee Police Department (MPD) members.

 

Body

Whereas, the LAW FIRM has provided, and successfully defended two MPD officers against a Citizen Complaint, and attorneys’ fees for this defense totaled $17,770.00; and

 

Whereas, the City Attorney recommends and the Common Council of the City of Milwaukee deems it appropriate and just to pay a settlement of the claims against it in this lawsuit; now, therefore, be it

 

Resolved, by the Common Council of the City of Milwaukee that the proper City officials be and are hereby authorized and directed to issue a City check in the amount of $17,770.00 payable to the order of Cermele & Matthews, S.C., in full and final settlement of all costs and attorneys’ fees and approved said amount to be charged to the Damages and Claims Fund, Account 636505, Fund 0001, Organization 1490, Program 2632, Sub Class S118; and be it

 

Further Resolved, That for and in consideration of the above-referenced payments, the claimants, by their representatives, and their attorneys, will provide to the City a release of any and all claims arising out of or in any way related to this incident.

 

Further Resolved, That the Comptroller and other City Officials are authorized to take any further necessary steps to carry out the directives of this Resolution.

 

Requestor

City Attorney

Drafter

JENNIFER WILLIAMS

JDL/cdr

November 9, 2023

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