HOBART | A suspended Hobart police officer, relieved of his duties on Nov. 19, will be back to work Friday morning, Police Chief Jeff White said.
The Board of Public Works on Wednesday agreed to dismiss an insubordination charge against Officer Kirk Homoky following a request by Police Chief Jeff White represented by attorney Dan Whitten.
Homoky's attorney Christopher Cooper, who was not at the meeting, called the dismissal a "victory for his client as well as the Fraternal Order of Police" through which Cooper was hired.
White said an internal investigation involving Homoky is nearing completion and it would be better for both parties to drop the insubordination charge.
"We want to see what comes of the internal investigation," White said.
White and Whitten declined to comment on the nature of the ongoing investigation, involving Homoky, or when it might be completed.
"The results of the investigation will determine whether or not new or additional civil charges need to be brought up," Whitten said.
City Attorney Anthony DeBonis said since the charge against Homoky had been dropped he must be returned to his job pending the results of the investigation.
Homoky will return to work on Friday, White said.
Homoky, 32, a six-year veteran, was relieved of his services and placed on paid administrative leave on Nov. 19 by White.
White requested Homoky's termination at the Board of Public Works last month, citing insubordination as the grounds.
The board initially set a Jan. 23 disciplinary hearing for Homoky then moved it to Dec. 13 after Cooper filed suit against city officials.
Cooper filed suit on Nov. 26 in U.S. District Court in Hammond saying his client's due process rights were violated.
The Hobart Board of Public Works was named in the suit as being in violation for not setting a disciplinary hearing within a 30-day period as prescribed by law.
In the suit filed Nov. 26, Cooper also named White, detectives Jeremy Ogden and Garrett Ciszewski and the Porter County Sheriff's Department.
The complaint claims Homoky was deprived of his 14th Amendment due process rights as a police officer when terminated by White.
"My client and I had to go to court to keep the city accountable to U.S. and state laws," Cooper said.
Cooper called action taken by White against Homoky as having no basis but "purely vindictive and an effort to cover up an illicit affair with a third person."