Fiscal Note
The total $1,000,000 budgeted for the Contingent Reserve is available for this $10,000 appropriation. This appropriation would have no impact on the levy or State Expenditure Restraint Program limits. In 2004, $15,000 was appropriated for this matter.
Title
Authorizing continued retention of Attorney Jon Anderson and LaFollette Godfrey & Kahn for FLSA matters, and appropriating $10,000 from the Contingent Reserve to the Miscellaneous Litigation account for such retention.
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BACKGROUND
Last year, the Common Council authorized the retention of Attorneys Jon Anderson and Todd Smith of the LaFollette, Godfrey & Kahn (LGK) firm with respect to certain issues related to Fire Department creative staffing and the Fair Labor Standards Act (FLSA). The resolution number 61643, I.D. 36308, authorized an expenditure of up to $15,000.
LGK completed its work with respect to the FLSA issue involving the Fire Department. The City has made payments to certain firefighters who were determined by the City to be owed money related to creative staffing. The time and expenses of LGK exceeded the $15,000 which was appropriated by approximately $5,000.
In addition, a labor grievance and a lawsuit have been filed regarding the City's FLSA payments to the Fire Department. The City Attorney believes that it will be necessary to call upon LGK for certain advice during the course of these proceedings. Outside counsel will not be asked to represent the City in the proceedings. This is being handled by the Office of the City Attorney.
The City Attorney estimates that an additional appropriation of $10,000 should be sufficient to pay the outstanding invoices and to utilize LGK as needed for FLSA advice in the grievance procedure.
RESOLUTION
WHEREAS, the City has previously retained Attorneys Jon Anderson and Todd Smith and the firm of LaFollette, Godfrey & Kahn for Fair Labor Standards Act (FLSA) advise; and
WHEREAS, the City has an outstanding balan...
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