A settlement seems likely in a lawsuit by a former Clarkston police officer against the city.
John Swatowski Jr. filed suit this past September against the City of the Village of Clarkston, charging violation of Persons with Disabilities Civil Rights Act when he was fired, July 10, 2007.
The council discussed the case in closed session at the Nov. 26 council meeting with city attorney Tom Ryan. Negotiations were handled by Michigan Municipal League Liability and Property Pool’s Meadowbrook Insurance Company.
The council took up the issue at a special meeting, Dec. 11, but voted unanimously to table it until they know whether another closed session is needed to finalize the deal.
‘Our insurance company has full authority to settle the lawsuit, but Tom Ryan thought it important for the city council to give its approval,? said City Manager Dennis Ritter.
Ritter will also see if details of the settlement will be sealed.
‘I’d prefer the agreement be kept private,? said Mayor Stephen Arkwright.
Swatowski asked for at least $25,000 to compensate for lost wages, benefits, and other economic benefits, as well as mental anguish, emotional distress, and outrage over how he was treated, according to the lawsuit filed with Oakland County Circuit Court.
He joined Clarkston Police as a part-time officer in May 2006 after 35 years with Detroit’s police department. He suffered a minor stroke on Jan. 16, 2007, was treated, and returned to work, Feb. 28, 2007.
The suit claims Clarkston Police Office James Thompson, acting chief at the time, placed Swatowski on involuntary leave on April 11, 2007, in order to determine his medical status.
Also on April 11, 2007, The Clarkston News published an opinion column by staff writer Laura Colvin. ‘Cops snooze, it’s news? described finding an unnamed Clarkston police officer asleep at department headquarters on Church Street.
The suit further states Swatowski was diagnosed and treated for sleep apnea, cleared to return to work on July 5, 2007, but was terminated by the city a few days later.
The city’s response, filed with circuit court, admits to the dates of medical leave and termination, but wouldn’t admit or deny allegations regarding Thompson.
Thompson said he was advised not to comment on the case pending litigation.
Attorney Michael L. Pitt, representing Swatowski, did not return calls for comment.