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Meeting Date:
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8/31/2017 - 6:30 PM
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Category:
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Reports and Communications from the Board Clerk/Chief Officer, Office of Board Governance
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Type:
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Action
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Subject:
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2. Action on a Disallowance of Claim
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Strategic Plan Compatibility Statement:
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Goal 3 Effective and Efficient Operations
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Attachments
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File Attachment:
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Background:
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A Notice of Claim and Claim relating to reimbursement of student transportation expenses by the Milwaukee Public Schools has been served on the Milwaukee Board of School Directors by Andrew T. Phillips of the von Briesen & Roper, S.C., on behalf of Messmer Catholic Schools, Inc. The Claim seeks the following relief:
“1. Payment of damages for below statutory equation per pupil;
“2. Injunctive relief seeking a declaration of the appropriate equation for transportation compensation under Wis. Stats. § 121.55(1)(c);
“3. Reimbursement of the Claimant's costs, fees and expenses incurred in pursuing this claim; and
“4. Such other relief as may be necessary and appropriate and including, but not limited to, such relief as may be authorized and ordered by any court of competent jurisdiction should this claim not be resolved prior to the commencement of litigation.”
The City Attorney, the Board’s statutory legal counsel, has recommended that this Claim be disallowed. Under the provisions of Section 119.68 and Section 893.80 of the Wisconsin Statutes, this disallowance will permit the claimants a period of six (6) months in which to bring suit.
This item has been noticed for executive session pursuant to Wisconsin Statutes, Section 19.85(g), which allows the Board to retire to executive session for the purpose of conferring with legal counsel who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.
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Fiscal Impact Statement:
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NA
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Implementation and Assessment Plan
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Should the Board vote to disallow this Claim, the Board Clerk will notify the claimant of the disallowance by certified mail, in accordance with Section 893.80(1g) of the Wisconsin Statutes.
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Recommendation:
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The Board Clerk recommends that the Board determine what action it wishes to take with regard to this matter.
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Approvals:
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Recommended By:
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Signed By:
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Jacqueline M. Mann, Ph.D. - Board Clerk/Chief Officer
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