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File #: 021292    Version:
Type: Resolution Status: Passed
File created: 12/20/2002 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 1/22/2003
Effective date:    
Title: Substitute resolution approving a partial settlement agreement in Rehrauer, et al. v. City of Milwaukee, et al., Circuit Case No. 90-CV-7745.
Sponsors: THE CHAIR
Indexes: LITIGATION, SUITS PAYMENT
Attachments: 1. City Atty Cover Letter.pdf, 2. Fiscal Review Analysis.pdf, 3. Fiscal Note.PDF, 4. Partial Settlement Agreement.PDF, 5. City Atty Sub 1 letter.pdf
Number
021292

Version
SUBSTITUTE
Reference

Sponsor
THE CHAIR

Title
Substitute resolution approving a partial settlement agreement in Rehrauer, et al. v. City of Milwaukee, et al., Circuit Case No. 90-CV-7745.

Analysis
This resolution approves a partial settlement in which the case of Rehrauer, et al. v. City of Milwaukee, et al., Circuit Case No. 90-CV-7745.

Body
Whereas, In Rehrauer, et al. v. City of Milwaukee, et al., Circuit Case No. 90-CV-7745, each named plaintiff brought an action alleging that their rights had been violated by the ordinances of the City in connection with their rights with respect to duty disability retirement benefits; and

Whereas, James A. Rehrauer, James D. Prestidge, Glenn W. Schneeberg, Roger L. O'Brien and Glenn A. Dickau appealed from the Circuit Court's grant of summary judgment in favor of the defendants; and.

Whereas, On appeal, in Case No. 00-20900-2090, the Court of Appeals, District I, reversed the Circuit Court and remanded the case back to the Circuit Court with directions; and

Whereas, On August 30, 2001, the Circuit Court ordered that declaratory judgment be granted in favor of each plaintiff-appellant, granting each plaintiff-appellant the highest level of duty disability benefits that came to contractually established during their term of active duty; and

Whereas, As a result, the plaintiff-appellants Rehrauer, Schneeberg and O'Brien have been reinstated to a duty disability retirement pension; the plaintiff-appellant Prestidge will be instated upon execution of this agreement, to a duty disability retirement pension; and the plaintiff-appellant Dickau is on duty disability retirement pension and has never been removed from duty disability retirement pension; and

Whereas, The parties have negotiated a settlement to provide each of the plaintiff-appellants specific supplemental relief without the need for further court proceedings, and this partial settlement agreement do...

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