Chief, Dunkirk reach a deal

DUNKIRK — A lawsuit between the city and its police chief has been settled out of court.

Dunkirk Mayor Jack Robbins announced in a brief statement this morning that the city has reached an agreement with former and current police chief Dane Mumbower on his suit against the city and former mayor Gene Ritter.

Terms of the deal were not released.

On Oct. 24, Mumbower filed suit against the city and Ritter over his demotion to the rank of patrolman. He was seeking reinstatement to the rank of captain, lost wages and other damages.

Mumbower argued that he was removed as chief because of his perceived support for Robbins, who was then a city council member running against Ritter for mayor. The demotion to patrolman, his suit contended, was a violation of his First Amendment rights because it was based on political affiliation. He also argued his rights to due process under the Fourteenth Amendment were violated.

Under Indiana law and Dunkirk city ordinances, Ritter “had the authority to demote the chief of police at will, but only to the officer’s last rank,” the legal complaint said. Instead of being demoted to captain, Mumbower was demoted to patrolman on Oct. 7. He had earned the rank of captain about 2005, and the suit argued any demotion from that rank would require a hearing before the city’s safety board.

Ritter contended everything he did was within his rights as mayor.

Robbins, who defeated Ritter in the November election, reinstalled Ritter as chief during his first city council meeting as mayor. Tracy Layman, who Ritter named chief after Mumbower’s demotion, had resigned Dec. 31.