From The Journal Times.com:
"RACINE — The settlement agreement that ended a former city employee’s
slander suit against Mayor John Dickert is a public record and must
released to the public, Racine Circuit Court Judge Gerald Ptacek ruled
Friday.
"William Bielefeldt sued Dickert in 2011 claiming the mayor
defamed him in radio comments he made while campaigning for
re-election. The parties reached a settlement in late April, just days
before a scheduled jury trial. The lawsuit cost city taxpayers $100,000
in legal fees.
"In May The Journal Times filed a records request
with the city and Dickert asking for a copy of the agreement. A
confidentiality clause built into the agreement barred Dickert from
releasing the agreement without Bielefeldt’s permission or a court
order, so the city and Dickert filed a lawsuit against Bielefeldt in
June, asking a judge for direction."
Read more: http://journaltimes.com/news/local/judge-slander-deal-must-be-released/article_57e73626-6732-11e2-af37-001a4bcf887a.html
I think that a Kenosha judge should have heard this case, too.
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4 comments:
This could be interesting?
Right now, I'm PO'd about Aurora, and the Health Care debacle causing them to talk about cutting staff. When the hell does this Blame Obama crap end? Best I can tell from up here, Is that the GIGANTIC Hospital etc. In Racine can't take care of much? The seem to call the Flight for Life, anytime you have an accident down there. How the hell can they do heart surgery, and can't treat a accident victim?
Is it important if Dickert was "Mayor" at the time? NO. The question of indemnification for acts has already been determined.
Municipal Liability Generally
a. Municipal and Personal Liability under Wisconsin Law
Persons or organizations that feel they have suffered an injury as a result of the actions of a municipal official or employee may file a lawsuit against the individual and the municipality to recover damages. In general, municipal liability in the State of Wisconsin is controlled by Wis. Stat. secs. 893.80 and 895.46. These sections, along with published court decisions interpreting these statutes, define the liability of municipalities in state tort actions. As a general rule, municipal officials and employees need fear no personal loss or liability for the honest performance of their duties and exercise of powers granted by law.
Municipal employees and officials are often shielded by statute and judicially imposed immunities from liability for injuries to others arising out of acts performed within the scope of their public employment. The public policy behind this practice is to encourage service to municipal government and reduce fear of personal liability stemming from acts taken in good faith while in an official government position.
b. Indemnification.
State law requires a municipality to pay any civil judgment for damages and costs entered against a municipal official or employee for acts performed within the scope of their employment, in excess of any insurance applicable to the official or employee. Under sec. 895.46, municipal officials and employees will be indemnified by the municipality for negligent acts taken within the "scope of their employment." This requirement has been construed to mean that the official or employee's action must have been taken, in some measure, to serve the municipal employer. Olson v. Connerly, 156 Wis.2d 488, 457 N.W. 2d 479 (1990). Once the determination is made that the official or employee was acting in the scope of employment, the indemnification requirement may apply even if the act taken is outside what the employer may have desired so long as it furthers the objectives of the employer. Graham v. Sauk Prairie Police Comm., 915 F.2d 1085 (7th Cir. 1990). Indemnification may extend to cases where punitive damages are assessed and to cases involving alleged open meetings violations. Kolar v. County of Sangamo, 756 F.2d 564 (7th Cir. 1985); 77 Op. Att'y Gen. 177.
The indemnification statute applies to most foreseeable actions taken by municipal officials and employees in the scope of their employment, including operating motor vehicles or machinery, employment and civil rights claims, environmental lawsuits and property damage claims. However, failure of an employee or officer to give notice to the municipality of an action commenced against them as soon as reasonably possible can be a bar to recovery of the costs of defending the action by the employee or officer.
Do the taxpayers of Racine have to pay John Dickerts personal, private legal bills?
NO. Campaigning is not part of the official duties of a Mayor.
Why are the taxpayers paying those bills?
Because of the Morons on the Common Council, and Rob Weber, who chose to indemnify John Dickert because those in power behind the scenes want him to continue.
Can the taxpayers challenge that?
I don't know - but it would be worthwhile to look into.
It has been great for poking fun at City Hall -
Gimme Gimme Gimme!
Delusional!
Not Cold Enough!
Pwned!
Yes, All it would take is for someone to file a complaint with the District Attorney, no cost to do so. Who knows what the ruling would be though?
"Can the taxpayers challenge that?"
“There are two ways to be fooled. One is to believe what isn’t true; The other is to refuse to accept what is true. – Soren Kierkegaard
While Mayor John Dickert proclaims the City of Racine is broke, that more funds are needed, and that taxes must be raised beyond reasonable limits – One must stop and ask – IS the City of Racine overpaying for employees? Are salaries and compensation in line with the 21st. C Global economic reality? How can a resident make a decision if City Hall hides the compensation of employees?
In the spirit that an informed electorate can make a better decision – the entire list of City Employee salaries for 2012 is being published. Remember that the salaries shown don’t include the non-taxed Benefits package that often adds $20,000 – $30,000+ to their compensation.
All 716 employees of The City of Racine who make $25,000 or more are detailed. Source: Open records requests filed by Gannett Wisconsin Media with each entity.
Racine Exposed
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