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following my, what I would normally do in that situation, then ordered an indepth review of the fiscal assertions. I already had disputed with Mr. Dobbert some of his underlying assumptions, and so the two combined would have been reviewed. I did not receive that letter at that time. This is the chronology that I put together, like I said, once the scandal broke and I found out about this letter. 49 Similarly, Ament has testified that he could not recall seeing Mercer’s January 16, 2001 letter prior to the February 15, 2001 vote on the Package for DC 48. Plaintiffs’ main expert witnesses also could not identify anyone at the County other than Dobbert who had seen Mercer’s January 16, 2001 letter. 50 12. The Cost Information Contained In Mercer’s January 16, 2001 Letter Was Not Included In A Revised “Fiscal Note” For The Package. Under section 1.10 of the Milwaukee County General Ordinances, every ordinance submitted to the Milwaukee County Board of Supervisors for enactment must be accompanied by a “fiscal note” addressing the financial implications of the proposal: 49 PFF, 101-102. 50 PFF, 103-104. No resolution, ordinance or communication from any county officer, board or commission shall be considered by the county board, or by any committee thereof to which it has been referred, unless it shall have attached as a note a reliable estimate of the fiscal effect or absence of the same. The fiscal note shall be prepared on a form approved by the committee on finance and supplied by the department of administration. With respect to any collective bargaining agreement, any amendment to chapter 17 of the general ordinances affecting wages or benefits, or any other action affecting the wages or benefits of county employees, the fiscal note shall include as much information as is practicable under the circumstances about the fiscal impact upon each department affected by the action. In addition, at minimum, the fiscal note shall set forth details of the projected annual countywide fiscal impact projected for each year of the collective bargaining agreement or, in the case of any other action affecting the wages or benefits of county employees, shall contain information regarding the projected fiscal impact at least five (5) years into the future. When necessary, affected agencies shall QBACTIVE\6280487.1 24 Case 2:06-cv-00372-CNC Filed 06/09/2008 Page 24 of 52 Document 110
assist the author in preparation of the fiscal note. If a member objects to the content of a fiscal note attached to a resolution or ordinance under consideration by the county board, such resolution or ordinance shall, upon the affirmative vote of a majority of the members present and voting, be referred to the county board staff for a review and report to the county board at its next meeting. 51 The purpose of the “fiscal note,” as stated in the County’s Administrative Manual, is to “allow[] the Board, committee members, the County Executive, and County administrative departments to see at a glance where the major fiscal changes will take place, and give[] reviewing agencies sufficient data to initiate a meaningful fiscal analysis, if requested.” 52 Thus, as the uniform testimony from County personnel involved in the passage of the BackDROP confirms, when County Supervisors look for information on the financial implications of a particular ordinance to rely on in making their decisions, they look at the ordinance’s fiscal note. Ament also confirmed that supervisors typically looked at the fiscal note for an ordinance for information about its cost and financial consequences. 53 It was no different with regard to the ordinance enacting the Package that included the BackDROP. DeBruin has testified that “[t] o the extent that we would have been informed of [the financial impact], it would have been in the fiscal note on the resolution before us. I don't believe any member of the board… was specifically requesting additional information, other than the fiscal note.” Supervisor John Weishan also testified that he had relied on the fiscal note 51 Milwaukee County General Ordinances, § 1.10(1). The highlighted portion of MCGO § 1.10(1) cited above was added to the ordinance after the controversy over the Package erupted in 2002. In part, it was a response to a September 2002 review by the Wisconsin Legislative Audit Bureau, which, in a discussion of “potential areas for further efficiencies,” noted that “Milwaukee County does not produce or distribute general policy guidelines on how to draft an effective fiscal note.” In addition, on February 25, 2003, the Greater Milwaukee Committee’s Select Committee on Milwaukee County Government also submitted a review in which it criticized the County’s historical practices for fiscal notes. PFF, 105-106. 52 PFF, 107. 53 PFF, 108-109. QBACTIVE\6280487.1 25 Case 2:06-cv-00372-CNC Filed 06/09/2008 Page 25 of 52 Document 110
Page 1 and 2: MILWAUKEE COUNTY, EMPLOYEE‘S RETI
Page 3 and 4: submitted a memorandum to the PSC d
Page 5 and 6: UNDISPUTED MATERIAL FACTS The undis
Page 7 and 8: negotiating contracts with County e
Page 9 and 10: 2001, has testified that the ERS wa
Page 11 and 12: 4. The Plaintiffs’ Claims Against
Page 13 and 14: Again, Dobbert confirmed these fact
Page 15 and 16: The “attached letter” was a let
Page 17 and 18: we don't know what you're talking a
Page 19 and 20: A. Yes. Q. Now as a PSC member or a
Page 21 and 22: calculating a $718,000 annual cost
Page 23: Indeed, it was one of the central c
Page 27 and 28: Indeed, the “crux of the report,
Page 29 and 30: Mercer here was responding to a req
Page 31 and 32: In fact, the Plaintiffs have repeat
Page 33 and 34: Contrary to Plaintiffs’ allegatio
Page 35 and 36: Again, Soderstrom is advising the P
Page 37 and 38: ARGUMENT I. SUMMARY JUDGMENT STANDA
Page 39 and 40: Further, failure to disclose a mate
Page 41 and 42: B. Mercer Is Not Liable To The Coun
Page 43 and 44: him the investments were safe and c
Page 45 and 46: 3. In any event, the County, throug
Page 47 and 48: every ordinance submitted to the Mi
Page 49 and 50: • Soderstrom: “I have training
Page 51 and 52: those benefits the County Board has

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