Calendine Files Suit Against Pomeroy Village, Proffitt, and Welker in Connection to Alleged Improper Employment Suspension

POMEROY – After about a year after his alleged indefinite suspension, former Pomeroy Police Officer Kyle Calendine has filed a law suit against the village.

Calendine also names Pomeroy Mayor Jackie Welker and Pomeroy Police Chief Mark Proffitt in the lawsuit filed Friday in Meigs County Common Pleas Court.

According to the law suit, “Under laws of the State of Ohio, a police officer may be removed or suspended from his position as police officer only for cause and after hearing provided for by the Mayor; Under laws of the State of Ohio, a police office aggrieved by a decision of the Mayor may appeal the decision to the Village Counsel; Under the laws of the State of Ohio, any notice of suspension must be served on the officer.”

According to Calendine, the proper procedures were not followed.

The suit further states, “On or about April 15, 2013, Defendant, Mark E. Proffitt, placed Plaintiff under permanent suspension effectively discharging Plaintiff from his employment as a police officer for the Village of Pomeroy, Ohio; Plaintiff, Kyle Calendine, was not served written notice of his suspension for cause by Defendant, Mark E. Proffitt; Defendant, Mayor Jackie Welker, did not provide Plaintiff with a hearing on Plaintiff’s suspension, nor was Plaintiff, given the opportunity to appeal his suspension to the Village Counsel as provided by law.”

The suit also upholds that because of the alleged failure to follow proper procedure, Calendine “was not suspended from his position as police officer for the Village of Pomeroy, Ohio in accordance with the laws of the State of Ohio and thus was wrongfully discharged; Plaintiff, Kyle Calendine, has lost wages both past and future and has suffered emotional distress and mental anguish as a result of his wrongful discharge.”

Calendine is seeking to be reinstated as a police officer, back wages from April 15, 2013; future wages and $25,000 for emotional distress and mental anguish. He is also seeking “he be provided with a hearing upon his suspension; and for such other and further relief as the Court may determine.”

Proffitt and Welker had appeared on television and in interviews defending Calendine only a few months prior to his permanent suspension in regards to allegations that the previous mayor, Mary McAngus had said anti-homosexual comments in regards to Calendine and his partner. Proffitt had commented on the value of Calendine as an officer with the Pomeroy Police Department as well. Then, within a few short months, Proffitt allegedly suspended Calendine. By then, Welker had replaced McAngus as mayor of Pomeory following McAngus’ resignation.

Currently, the village and officials of the Pomeroy Village Counsel are involved in two other law suits in federal court involving the hill side slip on Butternut Avenue. The village recently lost a law suit involving the sale of the old Pomeroy High School property to Mark Porter for not following proper procedures and has been ordered to repay the purchase of the property.

Calendine has requested a trial by jury in the matter as well.