By FRANK LEWIS

PDT Staff Writer

The Scioto Lodge No. 33 of the Fraternal Order of Police, representing members of the Portsmouth Police Department, have filed suit against the City of Portsmouth and the Civil Service Commission.

After Portsmouth City Council had given approval to provide the funds for a captain’s test, the FOP says the test was never scheduled nor given. The reason for the test was the resignation of Capt. David Thoroughman, who left to become director of security at Shawnee State University.

Not being able to take that test is of particular concern for Lt. Lynn Brewer, who is qualified for the promotion to captain.

The approaching retirement by Portsmouth Police Chief Charles Horner, who announced recently he is retiring to run for Scioto County Sheriff, adds another wrinkle to the issue. Capt. Robert Ware is the lone captain in the police department.

The complaint was filed for a writ of mandamus on Sept. 27, 2011. The docket sheet from the Scioto County Common Pleas Courtroom of Judge William T. Marshall, dated Nov. 12, lists the plaintiffs as Michael Queen, president of Lodge No. 33 and Brewer. The attorneys with the Ohio FOP are listed on the docket as Gwen Callender and Paul L. Cox, both of Columbus.

The defendants are listed as the City of Portsmouth - Civil Service Commission, the City of Portsmouth - David Malone, Mayor, and the City of Portsmouth. They are represented by Matthew D. Whitman and Benjamin S. Albrecht, also both of Columbus. The defendants were all served Oct. 3.

The Portsmouth Daily Times reached Queen on Saturday afternoon, who offered little more than verification the suit had been filed.

“All of those questions can be directed to our our Ohio Labor Council attorney Gwen Callender,” Queen said. “She will handle all those questions for us.”

Calls to state FOP officials were not returned Saturday afternoon. A call to Malone also was not immediately returned.

FRANK LEWIS may be reached at 740-353-3101, ext. 232, or flewis@heartlandpublications.com.