The brother of Trent McCain, former deputy mayor of Gary, has filed a complaint against the city, alleging political retaliation when he was fired from his job with the sanitary district.
Local attorney Russell Brown on Monday filed the complaint in U.S. District Court in Hammond on behalf of Todd McCain. He is suing the city of Gary and Mayor Eddie Melton and asks for a jury trial.
The complaint claims the termination was a violation of McCain’s First Amendment rights, which protect his freedom of political expression and association.
McCain is asking for relief for lost wages, employment benefits and other compensation he lost due to the violation of his First Amendment rights. Other requests include compensatory and punitive damages, front pay, attorney and witness fees, expenses and other relief the court deems necessary.
McCain worked in the Gary Sanitary District from Dec. 15, 2021, to Jan. 9, 2024, when he was fired from his position, according to online court records. Melton took office on Jan. 1, 2024.
The city’s mayor acts as the municipal executive and appoints the sanitary district’s executive director and the five members of its Board of Commissioners.
Former Executive Director Daniel Vicari in December 2021 hired McCain as community engagement and compliance director.
Current Executive Director Rhonda Anderson has been in the role since October 2023, according to her LinkedIn. Both Anderson and Vicari completed McCain’s performance evaluations, which “were stellar,” according to court records.
Melton announced his candidacy for mayor in November 2022, and former Mayor Jerome Prince filed for reelection in January 2023. McCain’s brother, Trent McCain, was deputy mayor under Prince.
Todd McCain actively campaigned for Prince, attending campaign events. He posted an anti-Melton commercial on his personal Facebook page, according to court documents.
Melton defeated Prince in the May 2023 Democratic primary. McCain removed the Facebook post with the anti-Melton commercial after the primary election, according to court records.
The complaint claims that Melton undertook actions leading to McCain’s termination “immediately upon assuming office.” His position was not one “for which political affiliation is a permissible criterion.”
“Furthermore, the timing of the termination, occurring immediately after the new mayor took office, demonstrates a causal connection between (McCain’s) protected political activity and the adverse employment action against him,” the complaint said.
Carla Morgan, corporation counsel for the city of Gary, said in a statement that the city hasn’t received notice of the lawsuit. Morgan said the city is prepared “to vigorously defend against any legal challenges.”
She didn’t comment on whether positions such as McCain’s typically change when a new administration takes over.
mwilkins@chicagotribune.com
