Schmid seeks $71,250 from Clintonville
By Bert Lehman
Former Clintonville city attorney Tim Schmid has filed a suit against the city of Clintonville for damages of $71,250 for breach of contract.
The suit was filed in Waupaca County on June 8.
The suit states that Schmid started a two-year term as city attorney on May 1, 2014, and he was never formally removed from his position as city attorney.
Schmid claims that he stopped receiving payments from his $38,000 per year salary around June 15, 2014. Stopping payment is a breach of contract by the city the suit alleges.
Schmid is seeking $33,250 from 2014, the first year of his term, and $38,000 for the second year of his current term.
A claim was filed by Schmid with the city for the same amount in late September 2014. The Clintonville City Council denied that claim in late January.
Schmid was appointed city attorney in April 2014 but the council did not confirm the appointment. With no other city attorney confirmed, Schmid was then re-sworn into the position.
The city council hired Warren Kraft as special counsel to investigate the compensation, function, job description and recruitment for the city attorney’s position.
Kraft presented his findings at the May 13, 2014 council meeting. Kraft said at the meeting that the mayor could make a new appointment for the position and the council would have to approve it. Mayor Judy Magee then appointed April Dunlavy as city attorney. The appointment was approved by a 6-3-1 vote.
Dunlavy is the daughter of Alderwoman Gloria Dunlavy and niece of Alderwoman Jeannie Schley.
Prior to appointing April Dunlavy at that meeting, Magee stated, “I have been the recipient of a threat from a person sitting within this complex. And it was in regard to this appointment.” She did not elaborate further.
The Tribune-Gazette contacted Interim City Administrator Chuck Kell regarding the suit filed by Schmid.
He said in his opinion, when April Dunlavy was confirmed as city attorney that ended Schmid’s role as city attorney.
“Ultimately he (Schmid) wasn’t voted in and a new attorney was voted in,” Kell said. “I don’t really understand what standing he thinks he has.”