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File #: 211407    Version:
Type: Resolution Status: In Committee
File created: 12/14/2021 In control: PUBLIC SAFETY AND HEALTH COMMITTEE
On agenda: Final action:
Effective date:    
Title: Substitute resolution authorizing the City Clerk’s Office to retain outside counsel to prepare and pursue civil litigation against certain reckless drivers.
Sponsors: ALD. MURPHY
Attachments: 1. Ald. Johnson's request, 2. Legal Opinion
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/7/20220 PUBLIC SAFETY AND HEALTH COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: Appearing: Sponsor - Ald. Murphy Ms. Celia Jackson - Office of the City Attorney MPD Chief of Staff - Nick DeSiato Ald. Murphy mentioned that Prior Common Council President requested a legal opinion to the City Attorney's office. Ald. Murphy asked committee to hold this item until this opinion is provided to the council and the Mayor.
Pass5:0 Action details Meeting details Video Video
12/14/20210 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

211407

Version

SUBSTITUTE 1

Reference

 

Sponsor

ALD. MURPHY

Title

Substitute resolution authorizing the City Clerk’s Office to retain outside counsel to prepare and pursue civil litigation against certain reckless drivers.

Analysis

This resolution authorizes the City Clerk’s Office to retain outside counsel to prepare and pursue civil litigation against certain reckless drivers. In addition, the resolution appropriates $45,000 from the City Attorney’s Office Counsel Expert Witness Special Purpose Account for the purpose of retaining outside counsel and directs the City Attorney to expend this amount for this purpose.

Body

Whereas, Section 823.02, Wis. Stats, provides that a city may pursue injunctive relief against reckless drivers through a nuisance per se theory; and

 

Whereas, The Police Department has requested assistance from the Office of the City Attorney to pursue injunctive relief against the public nuisance of reckless driving via civil litigation against certain reckless drivers; and

 

Whereas, The Office of the City Attorney has stated its official position is to hold off on civil litigation at this point in time; now, therefore, be it

 

Resolved, By the Common Council of the City Milwaukee, that the City Clerk’s Office is authorized to retain outside counsel to prepare and pursue civil litigation against certain reckless drivers; and, be it

 

Further Resolved, That an amount not to exceed $45,000 is appropriated from the City Attorney’s Office Counsel Expert Witness Special Purpose Account Number 0001-1490-S157-06300 for the purpose of retaining outside counsel; and, be it

 

Further Resolved, That the City Attorney is directed to expend up to $45,000 from this account for this purpose upon identification of outside counsel.

 

Requester

 

Drafter

LRB177151-2

Tea B. Norfolk

12/16/2021