Two sue in case connected to former Cape engineer

Men claim wrongful termination, demotion after reporting porn find.

MACOMB, Ill. -- A federal lawsuit was filed earlier this month against McDonough County and three current and former county officials making allegations of wrongful termination and demotion because of whistle blowing.

County employee Bryan Graves and former employee Jeremy Pestle filed the suit in Peoria against the county as well as county board chairman Bob Harwick, county Road and bridge committee chairman Dan Pendarvis and former county engineer Josh Richardson.

According to the suit, Graves was demoted from foreman to maintenance worker and Pestle was terminated, both in May. They allege the actions were in retaliation for their reporting that pornography was found on Richardson's office computer.

The suit states Pestle discovered that pornographic Web sites had been viewed on the computer in late September 2004 while he was installing software on office computers. Pestle and Graves say they reported the discovery to Pendarvis and at least one other board member and to the sheriff's department.

The suit alleges Harwick and Pendarvis told Richardson to remove the items from his computer. Harwick has said he took the computer to Western Illinois University to be examined once he learned of the allegations.

The computer is now in the hands of the Illinois Attorney General's Office, which is still conducting an investigation.

The lawsuit states that when Pestle made a presentation to the county board's road and bridge committee about the pornography, the committee was "hostile to Pestle, ridiculed him and allowed Richardson to remain during the presentation and to interrogate Pestle."

The lawsuit alleges that Richardson, Pendarvis and Harwick "began a campaign designed to harass" Pestle and Graves and to remove them from the department in "retaliation."

The suit says that Pestle was notified by Richardson that he was being fired for "performance reasons" and that Graves was being demoted.

Richardson resigned effective in May and accepted a job as city engineer in Cape Girardeau. He resigned that job earlier this month, citing "personal reasons."

County officials, who were notified of the suit at a committee meeting, have said personnel matters are confidential and have been discussed only in executive board sessions.

On Friday, McDonough County state's attorney James Hoyle said simply, "We deny the allegations."

Hoyle said he is turning the suit over to the county's insurance carrier to see if it will represent the county. If the company does take over defense of the suit, it likely will represent all of the named defendants.

The suit alleges constitutional violations, such as deprivation of free speech. It also alleges that Pestle and Graves have lost wages and benefits and have been humiliated.

Pestle and Graves are seeking "compensatory damages" as well as attorney fees from the county and attorneys fees and compensatory and punitive damages from Richardson, Pendarvis and Harwick.

The suit requests a jury trial.