GREEN BAY, WI (WTAQ-WLUK) – Green Bay’s city council president wants the council to discuss hiring its own attorney to deal with a citizen petition to remove Mayor Jim Schmitt from office.
Patrick Knight, Schmitt’s attorney, spoke with WLUK after responding with a letter saying legal consequences could come if the council does not dismiss the petition.
“I didn’t want a situation where somebody later on can say nobody told me that”
Knight sent each council member a letter outlining why he believes there is no legal standing to remove Schmitt through the citizen petition filed last week.
Green Bay resident Scott Vanidestine filed the petition. He believes, under Chapter 17 of state statutes, the council should vote to remove Schmitt after he was convicted of three campaign finance crimes.
However, Schmitt’s attorney writes in the letter the statute isn’t applicable, because the charges were not related to anything that Schmitt did while acting as mayor.
“If they proceed with that and they are proceeding with that knowledge then they’re willfully bringing a baseless action and they’re going to be liable for any expenses that are incurred out of that”
Tom DeWane submitted the request on Monday for city council members to discuss hiring its own attorney.
Normally, city attorney Vanessa Chavez provides the council with legal guidance. However, council members point to the fact Schmitt is the one who hired Chavez.
Alderman Guy Zima, a longtime Schmitt nemesis, isn’t worried.
“I just remind Mr. Knight, his attorney, that half the lawyers lose in court. His opinion is not the only opinion, but it seems clear to me that the fact the statute exists means that it can be prosecuted.”
Knight warns if the council proceeds with a removal attempt, he would advise Schmitt take legal action either against the whole council or its individual members.
“Obviously you don’t want to cause harm to the city in people are then getting saddled with expenses because there are some aldermen that wanted to make an unlawful, but a political point”
“I think he is just blowing smoke. He is just trying to make council members nervous that they might have some personal liability.”
The council is expected to discuss hiring its own attorney next Tuesday.
