City of Madison - File #: 47423

• File #: 47423
• Version: 2
• Name: Reimbursement of legal fees
• Type: Ordinance
• Status: Passed
• File created: 5/19/2017
• In control: FINANCE COMMITTEE
• On agenda: 8/1/2017
• Final action: 8/1/2017
• Enactment date: 8/16/2017
• Enactment #: ORD-17-00080
• Title: SUBSTITUTE Creating Sections 5.15 and 6.18 of the Madison General Ordinances to authorize the City to reimburse the legal fees of persons defending or prosecuting a claim before the Police and Fire Commission and repealing RES-16-00697, the City Police and Fire Chiefs Reimbursement Policy
• Sponsors: Shiva Bidar, Sheri Carter, Maurice S. Cheeks, Denise DeMarb, Sara Eskrich, Amanda Hall, Rebecca Kemble, Steve King, Larry Palm, Matthew J. Phair, Marsha A. Rummel, Michael E. Verveer, Ledell Zellers, Zach Wood

Date	Ver.	Action By	Action	Result
8/1/2017	2	COMMON COUNCIL	Adopt the Following Amendment(s)	Fail
8/1/2017	2	COMMON COUNCIL	Adopt	Pass
7/24/2017	2	FINANCE COMMITTEE	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
6/29/2017	1	PUBLIC SAFETY REVIEW COMMITTEE	Return to Lead with the Recommendation for Approval	Pass
6/20/2017	1	COMMON COUNCIL EXECUTIVE COMMITTEE	Return to Lead with the Following Recommendation(s)	Pass
6/6/2017	1	FINANCE COMMITTEE	Refer
6/6/2017	1	FINANCE COMMITTEE	Refer
6/6/2017	1	COMMON COUNCIL	Refer	Pass
5/19/2017	1	Attorney's Office/Approval Group	Referred for Introduction

Fiscal Note
The proposed ordinance authorizes the City to reimburse the legal fees of persons defending or prosecuting a claim before the Police and Fire Commission, including members of the police or fire departments and private citizens, and repeals RES-16-00697, the City Police and Fire Chiefs Reimbursement Policy. Costs for reimbursement will depend on each situation. A separate resolution will be presented should the situation arise. No appropriation is necessary at this time.
Title
SUBSTITUTE Creating Sections 5.15 and 6.18 of the Madison General Ordinances to authorize the City to reimburse the legal fees of persons defending or prosecuting a claim before the Police and Fire Commission and repealing RES-16-00697, the City Police and Fire Chiefs Reimbursement Policy
Body
DRAFTER'S ANALYSIS: This ordinance repeals the resolution passed last year regarding reimbursement of legal fees and costs for the police and fire chief in proceedings before the Police and Fire Commission (PFC) and replaces it with the standards in this ordinance. It provides for reimbursement of legal fees by the City when a member of either the police or fire department successfully defends a complaint before the PFC, and establishes standards for determining success in the proceeding.

This ordinance also provides that private persons who successfully prosecute actions before the PFC will have their fees reimbursed by the City. It similarly sets standards for measuring a successful prosecution.

The ordinance also provides that the Council may make adjustments in the fees to be paid if some claims are successful and others are not, including if the PFC finds a violation of standards but imposes no punishment. The ordinance does not affect reimbursement provisions in any agreements the City has with police or fire unions or employee associations, and it does not generally apply to court proceedings. In all instances where the ordinance or an agreement does not apply, th...