Number
031712
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing settlement of the claim of David Zibolski. (City Attorney)
Analysis
Resolution authorizing settlement of the claim of David Zibolski in the amount of $17,500.00.
Body
Whereas, Claimant David Zibolski was demoted by former Chief of Police Arthur Jones from the rank of Lieutenant of Detective to detective for alleged disrespectful and discourteous comments made by Zibolski about Jones relative to Jones's handling of a tactical situation; and
Whereas, Zibolski appealed his demotion to the Board of Fire and Police Commissioners and the Board vacated the demotion and restored Zibolski to his former rank; and
Whereas, Zibolski filed a claim against the City and former Chief Jones alleging that his demotion violated his right to speak freely under the First Amendment of the United States Constitution, and stating that he intends to bring an action under federal civil rights law for money damages and attorney's fees. Zibolski also alleges that Jones's conduct constituted malicious prosecution and defamation under state law; and
Whereas, Zibolski has agreed to settle his claim for $17,500.00; and
Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to settle this claim; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the proper city officers be and hereby are authorized and directed to issue a check in the amount of $17,500.00, payable to David Zibolski and Fuchs DeStefanis & Boyle SC-Trust Account, in full and final settlement of said claim, said check to be delivered to the City Attorney upon his request, said amount to be charged to the Damages and Claims Fund, Account No. 636505, Fund No. 0001, Organization No. 1490, Program No. 2631, Sub Class No. S118.
Requestor
City Attorney
Drafter
RMK:lmb
4/1/04
1032-2002-3272:79621