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Former Clintonville attorney files suit against city

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Schmid seeks several months of pay

Clintonville’s former attorney this week filed a civil suit against the city seeking damages for alleged breach of contract.

Tim Schmid served as city attorney in Clintonville until May 2014 when he was replaced by the Common Council about two weeks into a new two-year term.

However, there was some uncertainty about his post prior to that, after the Common Council in April rejected Mayor Judith Magee’s reappointment of Schmid to the position.

The council subsequently voted to spend up to $1,000 to review its options in selecting an attorney, and hired Madison attorney Warren Kraft to meet with a special committee about the issue.

The committee recommended hiring April Dunlavy, daughter of Alderwoman Gloria Dunlavy and niece of Alderwoman Jeanne Schley, as new city attorney at a salary of $28,000 per year. Schmid was paid $38,000 per year.

Dunlavy was appointed and sworn in on May 13.

Schmid’s term began on May 1, according to the suit.

The lawsuit filed Monday in Waupaca County Circuit Court maintains Schmid was never formally removed as city attorney.

The city stopped paying his salary on June 15, according to the suit.

The suit seeks payment of $33,250 for the remainder of the first year of what would have been his current term of office, and $38,000 for the second year, for a total of $71,250.

City officials were unavailable for comment Friday afternoon.

Schmid did not return a call seeking comment.

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