KINGWOOD — In a response to a lawsuit, the Town of Terra Alta and its mayor deny wrongdoing in the firing of the town’s former police chief.
Former Officer Robert DeLauder filed suit Aug. 31 in Preston Circuit Court against the town and Mayor Mark Ball.
In their reply, the town and mayor deny that Ball told DeLauder at a town meeting before the 2015 city election that Ball was planning to run for mayor, and that Ball would falsely claim his business address as a home address, in order to qualify to run.
The reply also denies that DeLauder was ever named chief of police but agrees that he was hired as an officer in 2015 to get the department up and running, after it was dissolved under a previous council.
The mayor and council also deny other statements in the suit, including one that says DeLauder was, “an excellent officer with no disciplinary problems whatsoever.” And they deny he was fired, “under false pretenses and under the vague pretext that he was not doing his job ….”
They also deny that Ball called DeLauder to his office and told the officer to lie about where the mayor lived, if anyone asked, and all other allegations of wrongdoing.
On other allegations made by DeLauder, the town and mayor said they lacked sufficient knowledge or information and demanded “strict proof” of the allegations.
They ask that the suit be dismissed and that they receive payment of their attorney fees.
DeLauder is suing for wrongful discharge, violation of the Whistle Blower Act, obstruction of an officer, abuse of process, being discharged in retaliation for refusing to take part in a cover up, misrepresentation and fraud, and destruction of property.
The town and mayor say they are “not guilty of wrongful conduct, including negligence, discrimination, hostile environment, criminal conduct, unlawful conduct, malice, reckless indifference, intimidation, ridicule or insult, tortuous interference with a business relationship or violation of the West Virginia Human Rights Act in regard to the allegations contained in,” the complaint.
DeLauder is asking for cash, “under and up to the policy limits of the state’s liability insurance policy.” He is being represented by attorney David Grunau of Morgantown. Terra Alta is being represented by Kenneth Hopper and Nathan Carroll of Pullin, Fowler, Flanagan, Brown & Poe. Attorney Trevor J. Taylor is representing Ball in his personal capacity.
No court date has been set for the suit.
Story by Kathy Plum
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