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Former McCall police chief wins wrongful termination suit

Jerry Summers talked exclusively with KTVB after being awarded $400,000 in damages by a federal jury last week.
Jerry Summers talks exclusively with KTVB.

BOISE -- Former McCall Police Chief Jerry Summers says he finally feels vindicated after a federal jury ruled in his favor.

Summers talked exclusively with KTVB Tuesday morning, just days after the trial wrapped up.

Summers, and his attorney Matt Williams, filed the lawsuit in April of 2014 against the City of McCall. The case revolves around the termination of Summers earlier that year.

Summers joined the McCall Police Department back in 1997, and by 2005 had become chief.

He said he immediately started trying to improve the department's negative public perception.

"The community felt we had too many officers, we made too many stops and we were too aggressive in those stops," said Summers.

Summers says in 2012, he started working with then new interim City Manager Eugene Drabinski on a survey to address the issue.

Hundreds filled out the online survey, and Summers says the results were mixed.

When the issue was discussed in a city council meeting on September 19, 2012, Summers says Drabinski suddenly and aggressively came at him.

"He exploded and got red in the face, took two steps toward me, and depending on which account you listen to, he had his fists balled up and took a boxer stance while I was seated," said Summers.

Summers says he felt physically threatened and says his officers, and then Summers himself, later filed a report about the incident.

Summers says that Drabinski become the permanent city manager shortly after the incident.

He says their relationship only got worse when Summers reported that Drabinski had been driving on a suspended license from another state.

In January, Summers says he was told he was being let go, but given no reason.

"It was devastating, it was very difficult for me," said Summers.

Summers says eventually, he was told his termination was because his management and city council didn't support him and his leadership had failed.

Throughout our coverage of this story, we have talked with Drabinski, who said it was his recommendation to fire Summers and the council unanimously backed him. In the past, he stressed that Summers is a good man and has been a valuable asset to the city for 15 years, and added there were no allegations of misconduct or dishonesty.

Also in previous reports, Drabinski called Summers an at-will employee, which means he can be let go at his discretion.

But Summers says his performance as chief proves otherwise.

"All of my personnel investigations show I was a man of integrity, that I was strong in leadership and building communications and relationships, and to have all of that attacked was very difficult to sit through and watch," said Summers.

Last week, a federal jury agreed. They returned a verdict saying Summers wrongfully lost his job for two reasons, because he reported the city manager's hostility during a meeting, and because he reported that the city manager was driving on a suspended license.

Summers was awarded $400,000 in damages.

"I feel vindicated, my reputation has been restored, which was one of the most important things to me," said Summers.

KTVB talked briefly by phone with McCall Mayor Jackie Aymon. She became mayor in January of 2014, but says she stands behind city council's action, and has confidence in their process and their people.

"We were disappointed in the outcome, we have a good policy and procedures manual that we will continue to follow and I can't see us making any big changes in the future," said Aymon.

Summers told KTVB he is now living in Caldwell, working in the insurance field. He said, "It was very important to me that my reputation as the chief of police be restored and I am thankful the jury decision restored that reputation."

KTVB did reach out to the city council members. One responded saying they have been advised not to talk with the media about the case.

Tuesday afternoon, Drabinski released the following statement:

"Two years ago, I did what I believed was the right thing, and I did it in what I thought was the right way. The Boise jury decided I was wrong about the second part, and I must honor their verdict. The first part, however, will be judged by the McCall Police Department and the community of McCall. I will honor their verdict as well."

Aymon says she doesn't believe any action will be taken when it comes to Drabinski's employment.

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