EVANSDALE - An administrative law judge ruled last week that former Evansdale Police Chief Mike Burke is eligible for unemployment benefits from the city.

Burke appealed a decision in November to deny him unemployment benefits, which concluded he was fired for work-connected conduct. Administrative law judge Steven A. Wise overturned that decision on Dec. 26, stating the city failed to meet its burden of proof that Burke was dismissed for any current act of work-connected misconduct as defined by unemployment insurance law.

According to the appeals decision, the city claimed Burke was fired on Halloween for taking home a power washer that didn't belong to him, which led to a three-day suspension. The former chief was then placed on administrative leave and eventually fired after two allegations of sexual misconduct were made against him by two members of the police department.

Wise said Burke's testimony was credible and corroborated by witnesses, while the city's evidence, as presented by Mayor John Mardis, was hearsay from individuals who had reason to be untruthful.

"The evidence strongly suggests that individuals who complained or corroborated the complaints had reason to present false or misleading information to have the claimant removed," Wise said in his decision.

The public documents don't disclose the amount of Burke's benefits.

Iowa law states unemployment benefits can be denied following termination of an employee for any current act of work-connected misconduct, willful wrongdoing or repeated carelessness or negligence that equals willful misconduct in culpability.

Documents said that a female dispatcher claimed Burke made sexual comments to her on Oct. 11. It was also reported by a reserve male officer that he saw Burke cupping a female reserve officer's breasts on Aug. 5. Both claims were made after Burke was temporarily suspended.

Burke was investigated by the Iowa Division of Criminal Investigation last summer for taking an abandoned power washer that didn't belong to him. No criminal charges were filed, but authorities categorized Burke's possession of the item as "bad judgment."

Mayor John Mardis was unavailable for comment. Councilman Kenny Loftus, who is mayor pro tem, couldn't comment on the unemployment decision since he hasn't seen the ruling, but he stands behind the city's decision to terminate Burke.

"We voted to support the mayor's decision, that there was enough on him with the sexual harassment allegations. We voted 100 percent," Loftus said.

Wise's decision can be appealed by the city, though as far as Burke's attorney Linda Hall is concerned, the unemployment matter is finished.

"Obviously we're pleased with the decision. However, I can't speculate what this means for the future," Hall said.

Burke also has sued the city in district court saying he wasn't given a chance to appeal his original three-day suspension without pay. The hearing scheduled for today was postponed until Jan. 25.

However, Hall expects that date to change to due to a scheduling conflict with the city's attorney. As far what the unemployment benefits' decision will bear on the district court case is unknown.

"That remains to be seen," Hall said.

Contact Matthew Wilde at (319) 291-1579 or matt.wilde@wcfcourier.com.