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File #: 150071    Version:
Type: Resolution Status: Passed
File created: 4/21/2015 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 5/12/2015
Effective date:    
Title: Substitute resolution reserving and appropriating up to $1,175,000 from the 2015 Common Council Contingent Fund to the Outside Counsel/Expert Witness Fund Special Purpose Account, the 2015 Damages & Claims Fund Special Purpose Account and the 2015 Operating Expenditures Account of the City Attorney’s Office for costs and expenditures relating to police litigation.
Sponsors: THE CHAIR
Indexes: CONTINGENT FUND, POLICE DEPARTMENT, SUITS PAYMENT
Attachments: 1. Contingent Fund Request Form, 2. Hearing Notice List
Number
150071
Version
SUBSTITUTE 1
Reference
140690, 140779, 141677, 150060, 150061
Sponsor
THE CHAIR
Title
Substitute resolution reserving and appropriating up to $1,175,000 from the 2015 Common Council Contingent Fund to the Outside Counsel/Expert Witness Fund Special Purpose Account, the 2015 Damages & Claims Fund Special Purpose Account and the 2015 Operating Expenditures Account of the City Attorney’s Office for costs and expenditures relating to police litigation.
Analysis
This resolution reserves and appropriates $1,175,000 from the 2015 Common Council Contingent Fund for the purpose of meeting financial obligations related to the defense of claims and litigation brought against the City upon allegations of constitutional violations associated with law enforcement activities. These funds are reserved and appropriated as follows:

1. $250,000 to the Damages & Claims Fund SPA.

2. $850,000 to the Outside Counsel/Expert Witness SPA.

3. $75,000 to the Operating Expenditures Account of the City Attorney's Office.
Body
Whereas, Exposure of the City to claims, costs and other unanticipated expenditures has increased significantly over the last 2 years as a result of settlements and payments arising from law enforcement activities associated with stop-and-search incidents; and

Whereas, Police stop-and-search cases involving more than 60 plaintiffs have contributed to a 40% increase in the numbers of cases in litigation docketed by the City Attorney’s Office since the beginning of 2013, as reported in Common Council Communication File Number 140779; and

Whereas, Outside counsel was retained in August, 2014, to assist in addressing this increase in constitutional litigation, at a monthly average cost of more than $120,000, as indicated under Common Council Communication File Number 140690; and

Whereas, Settlements and payment of judgments in 2015 to date, and in current matters pending before the Common Council, including the Carter, Tracy and ...

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