Brian Donovan, a former Iola police officer, is suing the city and Chief of Police Jared Warner, claiming he was fired because he once accused the police chief of being on duty after consuming alcohol.
Donovan, no longer working in law enforcement after his November 2009 firing, filed suit this week in Allen County District Court.
City officials declined to say why Donovan was let go, citing only “an internal investigation.”
In court papers filed Wednesday, Donovan said he had been fired for allegedly falsely testifying in Iola Municipal Court as part of a driving while under the influence of alcohol trial.
Donovan, a resident of Iola, claimed the firing was instead retaliation for what occurred on Sept. 25, 2009, when Warner was summoned to help with crowd control at a fire.
Donovan, on duty at the time, said Warner smelled of alcohol and had admitted to another police officer that he had been drinking before responding to the call. Donovan said he was prepared to confront the police chief about the incident in a private meeting two days later, but became fearful after Warner allegedly said Donovan “was the next problem he was going to get rid of.”
Donovan instead gave a written report to former city administrator Judy Brigham a few days later, but he never heard a resolution about his claim.
Donovan said he was notified about a month later he was being investigated for allegedly lying in Municipal Court. Warner was in charge of the investigation, Donovan said.
He was fired the next day by Iola city commissioners, under Warner’s recommendation, Donovan said. He claims in the lawsuit that the firing was improper because it occurred before Warner’s investigation into Donovan’s DUI trial testimony was complete; that he was never charged with perjury from the DUI trial; and that he was fired instead of suspended, evidence of the police chief’s “animus.”
Donovan denied giving false testimony at the trial.
A subsequent grievance was heard by city commissioners. They did not find in Donovan’s favor.
Donovan is seeking more than $100,000 in lost wages, lost retirement benefits, loss of reputation and attorney fees.
“The lawsuit involves employment issues of a former employee,” Warner said in a written statement. “Because of the confidentiality often accorded employment for non-elected public employees, I am unable to comment on the substance of the lawsuit.”
Warner also said the city denied any inappropriate considerations regarding Donovan and that the city’s attorney will address the defenses in its response after the city is served with the lawsuit.
Warner declined to comment further.
Iola City Administrator Carl Slaugh also declined comment.
Warner has been Iola’s police chief since March 2009. Donovan has left law enforcement altogether and now works as a chef.
Police chief, city sued by former cop
