Special judge appointed in former Martinsville Police Chief Kurt Spivey's case against city
MARTINSVILLE — A special judge has been appointed in the case of a former Martinsville police chief who claims he is owed around $26,000 in unused compensation time, vacation time and sick days.
Kurt Spivey, of Indianapolis, filed a tort claim notice against the city on Feb. 8 seeking damages.
Spivey, who was appointed to the position by Mayor Kenny Costin around Jan. 1, 2020, resigned from the department on Jan. 29, 2021, after only a year on the job.
According to the complaint, Spivey says he was promised that he would be paid around $35,000 from his accrued unused sick, vacation and personal time following his resignation.
On Feb. 12, 2021, he was paid an installment of $8,868.89, and the city informed him he would receive another check in about two weeks, the complaint reads.
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That next payment never came, according to Spivey, forcing him to take legal action against the city.
On April 8, the city filed its response in court, stating that Spivey was a salaried and exempt employee according to the the city's salary ordinance for the years 2020 and 2021 and therefore not entitled to overtime or compensatory time.
The city also filed a motion for a change of judge in the case, which was granted by the court on April 12.
Both parties have agreed to have Matthew G. Hanson, a judge for the circuit court of Morgan County, to serve as special judge in the case.
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City attorney Dale Coffey has declined to comment on the lawsuit, saying the city does not comment on pending litigation.
The case remains pending in Morgan County Circuit Court.
Contact reporter Peter Blanchard at 765-346-2942 or pblanchard@reporter-times.com. Follow him on Twitter @peterlblanchard.
This article originally appeared on The Reporter Times: Kurt Spivey lawsuit: Morgan County court appoints special judge
