A former Foster Township police officer is suing his former boss
and two co-workers, as well as the township supervisors, alleging
he was wrongfully fired from his job for exposing workplace
gambling and pornography viewing.

Todd McClain has filed suit against Chief Jeff Wolbert, and
officers Tom Munn and Mike Ward, along with township supervisors
Cary Kaber, Bob Slike and Chris Wolcott.

In the suit, filed Thursday in McKean County Court, McClain –
through a complaint prepared by attorney H.B. Fink of Port Allegany
– says he lost his job as a punishment for letting it be known that
Munn and Wolbert used police computers and taxpayers’ time for
online gambling, and that Ward spent many work hours viewing
pornographic materials seized as evidence by police.

The complaint claims that McClain first became employed as a
Foster Township police officer in October of 2002. On March 10,
2006, he was placed on administrative leave with pay by Wolbert,
“based upon an allegation that the chief had received information
that (McClain) was guilty of ‘improper conduct.'”

On July 12, McClain received a letter from Wolbert suspending
him without pay. Wolbert stated in the letter that he was
recommending to the supervisors that they terminate McClain’s
employment for, among other things, improper conduct.

The letter, which is attached as an exhibit in McClain’s
lawsuit, claims that McClain was interviewed May 2 about the theft
of weapons from his truck and the theft of money from the police
department, and accuses McClain of providing false information
about both those situations “and other financial matters that might
serve as possible motives for such misconduct on your part.”

In the letter, Wolbert details other “examples of possibly false
and misleading information” from McClain, including statements that
another person was in the police building at the time of the
alleged theft of police funds; McClain’s denial of knowledge of the
whereabouts to the key for the area where the money was kept; and
statements McClain made regarding the guns taken from his
truck.

The letter says Wolbert concluded McClain filed a false report
about the stolen weapons from his truck “and that you had means,
opportunity and motive for the disappearance of money from the
police department.”

As of Thursday, no one had been criminally charged in either
incident.

McClain was terminated at the Aug. 14 township supervisors’
meeting.

In his complaint, McClain says he believes that the “false
accusations” by Wolbert and Munn to the supervisors are for other
reasons.

In the complaint, he alleges that he had “from time to time let
it be known to co-employees and to some members of the public that
… Munn and Wolbert were gambling online during work hours which
resulted … in the police department’s computers being unavailable
for legitimate police work.”

McClain also alleges that he had complained previously about
Ward “spending many, many work hours viewing pornographic materials
that had been seized as evidence in a criminal pornography case,”
according to the complaint.

The lawsuit also addresses the allegation by Wolbert that he had
stolen money from the police department, referring to it as a
“completely false accusation.”

“Further, the plaintiff has reason to believe that the officers
involved in the internet gambling … were attempting to cover their
losses and accusing the plaintiff of doing so,” the complaint
reads.

Fink outlines four causes of action in the complaint –
intentional infliction of emotional distress, defamation, breach of
contract and wrongful termination.

The complaint alleges the actions against McClain are punishment
“for exposing the unfortunate acts of his co-employees concerning
the gambling and pornography viewing.”