WHEREAS on February 5, 2007, the City Clerk was served with a Notice of Injury / Notice of Claim from Attorney Jason Scott Richard, of Hupy and Abraham, S.C., on behalf of John Callender, for an injury received on June 4, 2004 while a student at Burlington High School. This notice was not provided within 120 days of the event giving rise to the claim as required by Wis. Stat. s. 893.80(1)(a); and

WHEREAS the City forwarded the Notice of Injury / Notice of Claim to the City’s insurer and the incident was investigated, and the insurer recommends that the claim be denied pursuant to Wis. Stat. s. 893.80(1)(g) because the investigation found that the City of Burlington has no liability for the incident.

NOW THEREFORE, BE IT RESOLVED, pursuant to the above, that the Common Council of the City of Burlington does hereby disallow the claim of John Callender.

BE IT FURTHER RESOLVED that the City Clerk shall send Attorney Jason Scott Richard, of Hupy and Abraham, S.C., on behalf of John Callender, a letter formally disallowing the claim in its entirety, by registered or certified mail, return receipt requested. Within the letter, the Clerk shall include a statement that no action may be brought against the City after 6 months from the date of service of the disallowance. The Clerk shall send a copy of the letter to the City’s insurer.