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A La Crosse County judge has ruled the Onalaska Town Board violated its former administrator’s contract in eliminating his position last summer.
La Crosse County Circuit Court Judge Scott Horne agreed with the attorney for Paul Kitzmann that the town’s financial hardship did not constitute just cause to release Kitzmann on July 28, said Town Chairman Dave Paudler, who was at the hearing.
Attorneys and Horne are expected to reach a settlement during a future hearing in La Crosse County Circuit Court.
Kitzmann’s lawsuit, which was filed Sept. 15, seeks to have the town reinstate his job, with back pay and benefits, plus pay $160,806.89 for breach of contract.
He was hired Jan. 1, 2009, on a contract through Dec. 31, 2011, with an annual salary of $50,000 plus benefits, to replace Tim Dienger, who died unexpectedly July 13, 2008.
But Stan Hauser, the town chairman who hired Kitzmann, lost to Paudler in the April elections, along with two incumbent board members.
The new town board then voted July 28 to end the position, created in 2006, to help alleviate the town’s budget deficit.
“The town does not have the money to pay his salary,” Paudler said. A financial settlement would be paid by the town’s insurance company, he said.
Paudler said Hauser made a big mistake by, first, letting Kitzmann write his own contract and, second, not having the contract reviewed by the town attorney.
Kitzmann’s attorney was unavailable for comment Tuesday. Kitzmann declined to comment without his attorney’s approval.
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fred wrote on Feb 9, 2010 7:49 AM:
" you would thing that one with all that spendie leagl advice he would not have let kitzmann go??????? " My be they did but you have to remember what Paudler said it did not matter because the insurance would pay the bill if we lose. "