COLUMBUS, Ohio (WSYX) — The Fraternal Order of Police, Capital City Lodge No. 9, is suing the City of Columbus for breach of contract and denial of an employee benefit violation of public policy.

In the lawsuit, the FOP claims the city breached its agreement with the FOP due to Officer Dale Surbaugh's report of another officer's suspected misconduct, "thereby depriving Officer Surbaugh of his contractually entitled participation in the Retirement Incentive Program (RIP)."

In September 2021, Columbus Officer John Kotchkoski and another former CPD officer, Marco Merino, were arrested by the Federal Bureau of Investigation and charged with the trafficking of almost 8 kilograms of fentanyl.

The suit states Kotchkoski and Surbaugh worked closely together in the Drug Cartel Unit.

According to the suit, In April 2021, Surbaugh reported that a DEA agent suspected Kotchkoski was using a “dirty” confidential informant. He later reported that an officer had complained that Kotchkoski had not trained him as required.

The suit said Surbaugh was required by the city and the division of police to report the information he learned about Kotchkoski's use of a "dirty" confidential informant.

The suit alleges that in April 2022, the city deemed Surbaugh ineligible from participating in the RIP due to a pending administrative investigation in Kotchkoski. The city then rejected Surbaugh from the final RIP list of 100 members, the lawsuit claims.

"By excluding Officer Surbaugh from the final...

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