By Kevin Boneske
Staff Writer
ASHWAUBENON – Eight days after the Ashwaubenon Public Safety Officers’ Association announced its vote of no confidence in Village Manager Allison Swanson, a former public safety department lieutenant filed a federal lawsuit Feb. 14 against her and the village.
Scott Schermitzler worked more than 26 years for Ashwaubenon Public Safety before being terminated last April.
He is basing his suit on three federal statutes – the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and the Civil Rights Act – and Wisconsin common law related to defamation and slander.
According to the suit, Schermitzler filed a complaint last July with the U.S. Equal Employment Opportunity Commission (EEOC) claiming the village violated his ADA rights.
The suit further states the EEOC investigated his claim and “found reason to believe that the village discriminated against” Schermitzler, and then referred the matter to the U.S. Department of Justice, Civil Rights Division.
The DOJ declined to further investigate, and on Feb. 3 issued a Right to Sue notice to Schermitzler, according to the suit.
The general allegations of the federal lawsuit state Schermitzler began to suffer mentally, emotionally and physically in 2018 because of the “extreme demands of his work experienced over many years.”
He said he was frequently the first officer on the scene at numerous car accidents, suicides, medical emergencies, fires, shootings and other incidents, and was ultimately diagnosed with post-traumatic stress disorder (PTSD).
His primary care physician recommended in September 2018 Schermitzler take an immediate leave of absence and promptly undergo treatment, according to the suit.
After completing his shift the morning of Oct. 1, 2018, the suit states Schermitzler spoke with then Chief Eric Dunning, who recommended he follow his doctor’s advice and take a leave of absence.
However, the suit alleges Swanson and the village denied his request “and began a steady campaign of harassment, interference with rights, discrimination, and retaliation” against Schermitzler that continued until, and after, he was terminated April 25, 2019.
The suit further alleges Swanson and the village “have repeatedly expressed doubts about the severity of (Schermitzler’s) medical condition, the validity of his claim to suffer from PTSD, and his entitlement to exercise his rights under the FMLA and the ADA.”
Swanson and the village suggested Schermitzler “has either grossly exaggerated his medical condition or that he has falsely claimed to suffer from those symptoms and lied to his healthcare providers so that he could use his feigned medical condition to obtain an early retirement at the village’s expense,” the suit alleges.
The suit further alleges Swanson and the village have no medical evidence to support their skepticism concerning Schermitzler and his medical condition.
He said a psychological fitness-for-duty evaluation summary report prepared by a psychologist retained by the village indicated he suffers from “significant psychological distress” and his condition makes him “unfit for duty” as a public safety officer.
Schermitzler is seeking compensation for all lost wages, lost benefits and other damages.
In addition, the federal lawsuit is also seeking damages equal to the amount of vacation and benefits Swanson and the village allegedly compelled Schermitzler to use instead of sick leave.
The suit accuses the village of miscalculating and underpaying Schermitzler for his unused vacation benefits, for which he is seeking a damage award.
With a jury trial being sought, the suit is seeking compensatory and punitive damages.
Schermitzler is seeking “front pay” until the day he would have voluntarily retired, or, in the alternative, “reinstatement to a suitable position of employment with the village.”
The suit also seeks pre- and post-judgment interest, attorneys’ fees and costs, and further relief as deemed just by the court.
Schermitzler said “the evidence will speak for itself in federal court.”
He said he also has a separate wage and salary complaint currently being investigated by the Wisconsin Department of Workforce Development, from which he expects a ruling in the near future.
Village President Mary Kardoskee said the village received the information about the suit Feb. 14 and cannot comment on personnel litigation.