A former Gary Sanitary District employee has filed a lawsuit against Gary Mayor Eddie Melton and the GSD, alleging his termination was politically motivated.
The lawsuit, filed in the U.S. District Court for the Northern District of Indiana, alleges Todd McCain was fired shortly after Melton assumed office in what McCain described as “political retribution.”
In the lawsuit, McCain, the brother of former Deputy Mayor Trent McCain, claims his firing violated his First Amendment rights, specifically his freedom of political expression. He alleges he was dismissed because he supported former Mayor Jerome Prince, who lost to Melton in the 2023 mayoral primary.
While working for GSD, Todd McCain attended Prince campaign events and posted an “anti-Melton” commercial on his personal Facebook page, according to the lawsuit.
Todd McCain was hired by GSD on Dec. 15, 2021, as the community engagement and compliance director by then-Executive Director Daniel F. Vicari. The lawsuit claims that McCain received “stellar” performance evaluations in 2022 and 2023 under Vicari and his successor, Rhonda Anderson. Despite his positive evaluations, McCain was terminated on Jan. 9, 2024, just days after Melton took office.
According to the complaint, Todd McCain’s termination was “retaliation for his political support of the opposing mayoral candidate.” The lawsuit also highlighted Melton’s influence over the GSD, alleging he appoints the executive director and the five members of its board of commissioners.
Todd McCain is seeking a jury trial and is asking for back pay, lost employment benefits, compensatory and punitive damages, front pay, and legal fees.
Todd McCain declined to comment. When asked about the allegations, his attorney, Russell Brown, Jr., told Capital B Gary the complaint “speaks for itself” and properly “paints the picture of what happened.”
Brown added, “We look forward to the opportunity to go through the discovery process and prove the allegations.”
The city of Gary has not yet responded to requests for comment regarding the allegations.
