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File #: 190839    Version:
Type: Resolution Status: Passed
File created: 9/4/2019 In control: COMMON COUNCIL
On agenda: Final action: 3/24/2020
Effective date:    
Title: Substitute resolution indemnifying the 4th District Alderman from damages resulting from litigation in the matter of Milwaukee County Circuit Court Case No. 2007CV13965.
Sponsors: ALD. BAUMAN
Indexes: COMMON COUNCIL MEMBERS, SUITS
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/2/20202 MAYOR SIGNED   Action details Meeting details Not available
3/24/20202 COMMON COUNCIL ADOPTEDPass13:0 Action details Meeting details Not available
3/18/20202 FINANCE & PERSONNEL COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Appearing: Ald. Robert Bauman, 4th Ald. Dist. Jan Smokowicz, Deputy City Attorney
Pass4:0 Action details Meeting details Video Video
3/16/20201 JUDICIARY & LEGISLATION COMMITTEE AMENDED

Minutes note: Ald. Zielinski moved suspension of the Rule. There were no objections. and further moved to amend the file by inserting the additional Whereas clause: Whereas, WIs. Stat. sec. 893.80(3) explicitytly limits the amount recoverable by a person for damages in any tort action against any officer or official of any Wisconsin municipality and which respect to officers and officials of the City of Milwaukee, is $50,000; and Amend the Further Resolved clause to read as follows: Further Resolved, That the City of Milwaukee shall defend, indemnify and hold harmless the 4th District Alderman, Robert J. Bauman, from and against all losses or damages and, in the event that the jury or court determines him to be within the scope of employment, shall pay any judgment up to the amount permitted under Wis. Stat. sec. 893.80(3), that is, up to $50,000, resulting from any and all litigation related to MilwaukeeCounty Circuit Court Case No. 2007CV13965; and, be it Further Resolved, That the City of Milwaukee shall defend, indemnify and hold harmless the 4th District Alderman, Robert J. Bauman, from and against all losses or damages and, in the event that the jury or court determined him to be outside the scope of employment, shall pay any judgment resulting from any and all litigation related to Milwaukee County Circuit Court Case No. 2007CV13965. There were no objections.
Pass4:0 Action details Meeting details Video Video
3/16/20202 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR ADOPTION AND ASSIGNEDPass4:0 Action details Meeting details Not available
9/4/20190 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

190839

Version

SUBSTITUTE 2

Reference

Sponsor

THE CHAIR

 

Title

Substitute resolution indemnifying the 4th District Alderman from damages resulting from litigation in the matter of Milwaukee County Circuit Court Case No. 2007CV13965.

 

Analysis

This substitute 2 resolution indemnifies the 4th District Alderman from damages resulting from litigation in the matter of Milwaukee County Circuit Court Case No. 2007CV13965.

 

Body

Whereas, In 2007, Wisconsin Housing and Economic Development Authority (WHEDA) commenced a lawsuit against Tri-Corp Housing, Inc. for a foreclosure action (Wisconsin Housing and Economic Development Authority v. Tri-Corp Housing Inc.); and

 

Whereas, Tri-Corp Housing, Inc. counterclaimed against WHEDA and joined as an additional party the 4th District Alderman, Robert J. Bauman, who has been defended by the City through the office of the City Attorney; and

 

Whereas, At a point in the proceedings, Ald. Bauman removed the case to federal court, and Judge Easterbrook writing for the United States Court of Appeals for the Seventh Circuit stated in Tri-Corp Housing Incorporated v. Robert Bauman (No. 14-1358), “Public officials such as aldermen enjoy the right of free speech under the First Amendment, applied to the states through the Fourteenth. Speech is a large part of any elected official’s job, in addition to being the means by which the official gets elected (or re-elected).”; and

 

Whereas, On remand from the federal court, a trial on the remaining stat court claims is pending in Milwaukee County Circuit Court (Case No. 2007CV13965); and

 

Whereas, Wis. Stat. sec. 893.80(3) explicitly limits the amount recoverable by a person for damages in any tort action against any officer or official of any Wisconsin municipality and which, with respect to officers and officials of the City of Milwaukee, is $50,000; and

 

Whereas, After protracted litigation, and the trial court having dismissed all of Tri-Corp’s third-party claims except for two claims against Ald. Bauman - one for tortious interference with business relations and the other for defamation; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that Ald. Bauman was acting within the scope of his employment as an alderman and member of the Milwaukee Common Council at the time relevant to the events described in this litigation; and, be it

 

Further Resolved, That the City of Milwaukee shall defend, indemnify and hold harmless the 4th District Alderman, Robert J. Bauman, from and against all losses or damages and, in the event that the jury or court determines him to be within the scope of employment, shall pay any judgment up to the amount permitted under Wis. Stat. sec. 893.80(3), that is, up to $50,000, resulting from any and all litigation related to Milwaukee County Circuit Court Case No. 2007CV13965; and, be it

 

Further Resolved, That the City of Milwaukee shall defend, indemnify and hold harmless the 4th District Alderman, Robert J. Bauman, from and against all losses or damages and, in the event that the jury or court determines him to be outside the scope of employment, shall pay any judgment resulting from any and all litigation related to Milwaukee County Circuit Court Case No. 2007CV13965.

 

Requestor

City Attorney

Drafter

JAS:

March 16, 2020

1033-2008-967:267586