MOUNT VERNON — The 5th District Court of Appeals upheld a local ruling this week and thus denied Mount Vernon Police Sgt. Mark Perkins in his suit to claim the position of Chief of Police. Perkins filed suit in 2006 claiming that even though he tested highest on the Chief of Police examination he was not appointed to the position because of his lower rank. Perkins’ case against the city was dismissed in October 2007 on the basis that the courts did not hold jurisdiction over Perkins’ specific complaint against the city.
In a separate matter, Perkins filed a writ with the appeals court arguing that “Perkins is entitled to the office of Police Chief of the City of Mount Vernon, Ohio, that is being unlawfully held and exercised by [current Chief] Michael Merrilees.
Perkins’ petition to the court was also denied. In it’s decision, the court ruled that Perkins failed to make his complaint within the legally allotted time frame. Meaning, because Perkins waited to file his complaint with the courts after Merrilees had already completed his 120-day probationary period as chief, Perkins failed to meet the “affirmative action requirement.”
