Center Harbor settles lawsuit brought be former fire chief John Schlemmer

CENTER HARBOR — The town has settled its dispute with former Fire Chief John Schlemmer, who filed suit alleging wrongful dismissal and claiming back wages after the chief and selectmen abruptly parted company in June 2013.

Without either party admitting wrongdoing, the settlement provides for the town to pay Sclemmer a series of payments totaling $135,000 for damages and wages during the next three years. In addition, attorney Anne Rice, who represented Schlemmer, received $49,137 in fees and costs. According to the settlement, after two years Schlemmer can apply to rejoin the Fire Department, but if he is not hired, he may not claim the decision was motivated by the litigation.

Sclemmer joined the Fire Department as a call firefighter in 2006 and a year later was appointed chief. The position was classified as part-time and budgeted at 20 hours per week. However, Schlemmer claimed that with his administrative responsibilities, fire inspections, training exercises and fire calls he regularly worked more than 20 hours a week. He claimed that he was not paid for all the hours worked or paid time-and-a-half for overtime. Nor did the town enroll him in the New Hampshire Retirement System or make contributions towards his benefits.

After several failed attempts to resolve the issue, Schlemmer approached the selectmen in June, 2013 and was directed to limit his hours to 28 per week. He went directly to the secretary of the Selectboard, told her he could not work under those conditions and requested an immediate meeting with the selectmen. At an emergency meeting later the same day the selectmen wrote Schlemmer to "confirm your verbal resignation as fire chief".

That same evening, after accepting what they took to be Schlemmer's resignation, the selectmen met with a dozen call firefighters who urged them to resolve their differences with Schlemmer. Selectman Harry Viens spoke with Schlemmer who informed him that he had retained an attorney.

"The threat of a lawsuit has thrown a blanket on the whole thing," Viens told the selectboard.

Within a week the selectboard named Leon Manville interim chief.