In his claim against the city of Lake Geneva, Alderman Tom Spellman says the following section of Wisconsin Statutes dictates that the city reimburse him for his legal expenses:
"If the defendant in any action or special proceeding is a public officer or employee and ...is proceeded against as an individual because of acts committed while carrying out duties as an officer … Regardless of the results of the litigation, the governmental unit, if it does not provide legal counsel to the defendant officer or employee, shall pay reasonable attorney's fees and costs of defending the action, unless it is found by the court or jury that the defendant officer or employee did not act within the scope of employment," state law reads, according to the claim.
LAKE GENEVA — Alderman Tom Spellman is adamant that the city should reimburse him more than $1,500 for attorney's fees he incurred while fighting a disorderly conduct citation last fall.
"State law is very clear," he said. "It says that either the city attorney or an attorney at a reasonable cost should have been at my disposable at the city's expense. It's simple and clear. And for whatever reason (the city) has not honored the law."
Spellman filed a claim against the city March 18. He is seeking reimbursement for $1,650 in attorney's fees incurred in defense of the citation and for additional attorney's fees incurred in pursuing the claim for damages, which so far total $225.
The city council will discuss and possibly take action on the claim Monday, April 27. Spellman will be excused from the meeting.
According to the notice of claim, state law says the city must pay the cost of defending a public official if an action was filed against him while he was acting within his duties as a public official.
Spellman was cited Oct. 9 following allegations he yelled at City Clerk Diana Dykstra on July 25.
Spellman was accused of getting "very angry" with Dykstra for not putting an item on a meeting agenda as he had requested, according to police reports.
The citation was dismissed Dec. 10 after Spellman apologized to Dykstra.
Spellman on Dec. 29 requested the city reimburse him for his attorney's fees. The city's insurance company on Jan. 8 denied his request, saying it only covers attorney's fees incurred in criminal cases.
Mayor Bill Chesen has insisted the city not reimburse Spellman.
"His legal expenses are brought on by his behavior," he told The Janesville Gazette in December. "The city will not pay for the bad behavior of anyone else, and it certainly will not pay for his."
Chesen reiterated that point again this week saying the city will not accept a claim that "supports bad behavior."
City Attorney Dan Draper said the city's insurance company likely would recommend the city council deny the claim.
If the council denies the claim, Spellman would have six months to file a lawsuit, Draper said.