Fiscal Note
A total of $308,000 is available in Contingent Reserve to fund the $122,693 cost of this settlement agreement through May 5, 2007. There is no impact on Expenditure Restraint Program eligibility. It is anticipated that the additional ongoing overtime cost associated with this agreement will be $24,000 for the period from May 6, 2007 through the end of the year and will exceed $35,000 per year thereafter based on recent staffing patterns and experience. These costs will be paid from budgeted Fire Department resources.
Title
Approving a settlement of Fair Labor Standards Act litigation, Larry Acker, et al. v. City of Madison, Case No. 05CV467; authorizing the Mayor and City Clerk to sign settlement documents and related amendments to the Collective Bargaining Agreement with Local 311 of the International Association of Firefighters AFL-CIO to effectuate the approved settlement; transferring sufficient funds from the contingent reserve and amending the 2007 Operating Budget to appropriate the $122,692.62 settlement costs and any on-going FLSA overtime payable under the agreement between May and the end of the budget year.
Body
Background
In July, 2004, the Common Council adopted a resolution authorizing retaining outside counsel to represent the City in a potential wage and hour matter and to advise the Fire Department on compliance with state and federal wage and hour legislation. Outside counsel, City Attorney staff, Fire Department personnel, Human Resources personnel and staff from the Comptroller's office conducted a review of Fire Department practices in this area. This review included both the implementation of the Fire Department's creative staffing initiative and the Department's current payroll practices generally as they relate to the Fair Labor Standards Act (FLSA) requirements.
As a result of this review, the City took several affirmative steps: calculated and voluntarily paid identi...
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