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RES 1998-0420 - Deny claims of Dennis Kennedy, Michael Riley, and Beatrice Hopkins for underpayment of wages and benefits OtAPaik N4•8 41°P RECEIVED Law Department 'Alier,frx i #p rN 0 1 I fl: 30 1819 Famam Omaha/DouSlt Sas treet,Suivic te 804 nter ®. ' r ie ' .r 1+7', Omaha,Nebraska 68183-0804 i 1- �TED FEB �p .1 !_ i (402)444 5115 ]l''! 1?$ �- r /} Telefax(402)444-5125 � r �l E�i I (�� i�{4 r r e City of Omaha Herbert M.Fide Hal Daub,Mayor City Attorney • Honorable President and Members of the City Council, On or about April 26, 1996, John P. Fahey,Attorney at Law, filed claims with the City Comptroller on behalf of Dennis Kennedy,Michael Riley, and Beatrice Hopkins,to recover lost wages on behalf of these employees for allegedly working out of classification. All three individuals are parking control technicians and contend that they are performing the duties of a field inspector. The Personnel Department has conducted a study pertaining to the duties, functions, and responsibilities of each of these employees to determine whether or not they were working out of classification, and found that they were not. It is the recommendation of the undersigned that the attached Resolution denying the claims of Dennis Kennedy, Michael Riley, and Beatrice Hopkins be approved by the City Council. Respectfully submitted, Referred to City Council for Consideration: ; k-- Assistant City Attorney ate Mayor's Office/Title Date Appro ed: /-xi( iche Fr t Date Personnel Director P:\LAW\4954.MAF . C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,on or about April 26, 1-996,Dennis Kennedy,Michael Riley,and Beatrice Hopkins filed claims with the City Comptroller to recover lost wages for allegedly working out of their classification;and, WHEREAS,each of the above-named individuals was working,at all relevant times, as parking control technicians;and, WHEREAS,these individuals contend that they have been peiforming the duties of a field inspector,and that they are entitled to be paid the wage of a field inspector; and, WHEREAS,the Personnel Department has conducted a study pertaining to the duties, functions and responsibilities of each one of these employees and determined that they were not working out of classification; and, WHEREAS,it is the recommendation of the Personnel Director and the Comptroller that these claims be denied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the claims of Dennis Kennedy,Michael Riley,and Beatrice Hopkins for the underpayment of wages and benefits be denied. APPROVED AS TO FORM: • 0304d!,t4 - i/11�ASSISTACITY ATTORNEY DAJ P:\L,AW\4955.MAF � /r B r Councilmember • Adopted F ..1.:fl.:.i .8 -0 Cht Cle Approved (� Mayor cD o yn W Pli CD a ZO o n co r c. '\ as R o • n Z 1 ! ° CD d aC . 0 ` 0 ° PrJ A M g d l G; CD 0 cRD0 O tD Po ¢. N ‘.. :::,1,1 .--....„, ck \46 .. \ \ \ I • s