On Thursday, Nov. 13, the Clintonville Tribune-Gazette received a copy of the Notice of Claim former city attorney Tim Schmid filed against the city of Clintonville.
Schmid signed the Notice of Claim on Sept. 24.
In a letter to the Tribune-Gazette from Schmid’s attorney, it states the Notice of Claim was personally delivered to city of Clintonville Clerk Peggy Johnson on Sept. 25. The letter also states, “The city of Clintonville must now take some action regarding this Notice of Claim, and there is a time frame specifically set forth in the statute that is referenced in the notice itself.”
Section 893.80 in the Wisconsin Statutes is referenced. The Tribune-Gazette researched that statute and it appears the city has 120 days from the date the Notice of Claim was delivered to take action.
The claim is for damages against the city of Clintonville. There are nine points listed to support the claim. They are as follows, taken directly from the Notice of Claim.
1. Claimant has served at the city attorney for city for an extended period of time.
2. Claimant’s term as city attorney begins every May 1 and runs for a two year term.
3. On May 1, 2014, claimant started another term as city attorney for city.
4. At no time subsequent to May 1, 2014 has claimant ever been formally removed as city attorney.
5. Pursuant to the contract with city, claimant received annual aggregate payments of $38,000. Claimant received approximately one month and one-half month of these payments, until payments ceased on or about June 15, 2014.
6. Since that time, city has breached its contract with claimant, failing to make any further payments.
7. As a result, claimant has been damaged in the following amounts:
a. $33,250 for the remainder of the first year of the current term; and,
b. $38,000 for the second year of the current term
8. As a result, claimant’s aggregate claim for damages is $71,250.
9. Pursuant to Section 893.80 Wisconsin Statutes, this claim for breach of contract is served upon the Clerk of the city of Clintonville.