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Claiming his termination is a breach of contract, the former Silver Lake town marshal is suing the town to collect unpaid wages.
Max L. Weller's complaint against the town was filed last week in Kosciusko Circuit Court. His attorney is Tyler S. Haines.
Weller was town marshal at Silver Lake for nearly 10 years before resigning on Jan. 14, 1995, after Prosecutor David Kolbe questioned Weller's lack of training and whether he would be able to prosecute cases brought by him because of that.
He later was named "constable" in August 1995 and completed a two-week marshal training school at his expense. In October 1995, he was reinstated as marshal.
At that time, according to the lawsuit, an oral agreement was made between Weller and the town for a one-year employment contract at a cost to the town of $15,000 annually. The contract called for Weller to voluntarily attend the Indiana Law Enforcement Academy if he wanted the town to consider extending the contract beyond one year.
However, court documents state that new council members took office Jan. 1, 1996, and on Jan. 9, 1996, Weller was ordered to immediately attend the ILEA. The lawsuit contends that this "unilaterally breached the employment contract," and that when he refused to attend the academy he was terminated.
Because the contract was terminated prior to the one-year term, Weller is seeking payment of $9,637.04 - the remainder of his salary due from a prorated portion of January 1996 through August 1996.
He also wants the town to pay interest on the unpaid wages, court costs and an unspecified amount for damages for the town's failing to use reasonable care in the discharge of duties inasfar as the contract was concerned. Weller is seeking a trial by jury on his complaint.
Silver Lake officials are aware of the lawsuit but cannot comment on the pending litigation. Robert T. Keen Jr. of Miller, Carson, Boxberger & Murphy, LLP, Fort Wayne, has filed an appearance on behalf of the town.
