eastern district of wisconsin milwaukee county, employee

• In a meeting immediately following the PSC hearing on October 27, 2000, the
Personnel Committee voted 5-1 to recommend that the Package be forwarded to
the County Board for adoption for the County’s non-represented employees.
• The County Board approved the Package for the County’s non-represented
employees by a vote of 20-5 on November 2, 2000.
• The Personnel Committee approved the Package for the County’s largest union,
DC 48, on February 9, 2001 by a vote of 6-1.
• The County Board adopted the Package for DC 48 on February 15, 2001 by a
vote of 22-2. 9
Melvin Marino (“Marino”), a member of the Pension Board at the time of the 2000-2001 benefit
enhancements, confirmed that he did not even learn of the BackDROP until March or April of
2001, months after it had been enacted. The Pension Board members were “the last ones to
know.” 10
Further, it is undisputed that the County is obligated to contribute whatever is necessary
to fund the ERS’ payment of promised pension benefits to County retirees, and that the “full
faith and credit of the County… stands behind” the ERS. In short, “the ERS is assured
sufficient contributions from the County to support” any and all benefit obligations; “the County
is fully committed to pay the ‘cost’ of the ERS.” It is also undisputed that “[a]t no time has any
ERS participant failed to receive all benefits for which he/she is or was eligible… all benefits
have been paid timely and in full, and there is no likelihood that will change in the foreseeable
future.” 11
Thus, as Lee Holloway (“Holloway”), the current Chairman of the County Board of
Supervisors, has stated “[n]o one that’s involved in the pension, as far as I know, has been
harmed.” Similarly, Jeremiah Hegarty (“Hegarty”), the Chair of the Pension Board in 2000-
9 PFF, 28-32
10 PFF, 33-34.
11 PFF, 35-37.
QBACTIVE\6280487.1 8
Case 2:06-cv-00372-CNC Filed 06/09/2008 Page 8 of 52 Document 110