T-L File Photo/SCOTT McCLOSKEY DURING A July press conference Martins Ferry Police Chief John McFarland, right, and Mayor John Davies talk about why the city decided to fire Officer Tim Starkey. He was rehired recently after an arbitrator ruled in his favor.

MARTINS FERRY — The city rehired a Martins Ferry police officer who was fired for sharing a social media post about the Black Lives Matter movement that city leaders deemed inappropriate.

But it appears the city did not have a choice in the matter, according to statements made by Mayor John Davies.

Last July, Officer Tim Starkey lost his job after the post came to the attention of Davies and Police Chief John McFarland. The decision to fire Starkey was made public during a press conference held in front of the city building.

Davies said this week, though, that an arbitrator was called in, which ultimately led to Starkey being rehired.

“The Starkey case went to arbitration and the arbitrator ruled in Mr. Starkey’s favor — so the city has to rehire him with back pay awarded to him,” Davies said. “The arbitrator is a jointly chosen person with experience in these types of matters and the way disagreements between union and management is generally handled.”

The union he referred to is the Fraternal Order of Police.

The American Bar Association defines arbitration as “a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute.”

Back in July, Davies said the city had decided to let Starkey go because it deemed his behavior inappropriate and that such behavior would not be tolerated.

McFarland at that time said he was “disappointed” in what had happened, and that city officials agreed that Starkey’s employment with the department should end.

Before being terminated in July, Starkey had worked as a full-time officer with the department since 2004.

McFarland on Tuesday said had the arbitrator not ruled in Starkey’s favor, he would not have rehired Starkey.

“We don’t normally rehire people who have been terminated, but with the arbitration we have no control over it,” the chief said.

He noted the arbitrator ruled that the department should have followed the usual steps in disciplining an officer. In this case, it did not.

Starkey has now been given a written warning, which McFarland said is “in the middle of the discipline ladder.”

“I’m not happy about it. I’m still disappointed. He brought negative attention to the police department and himself. That’s not what we’re about,” McFarland said.

However, now that Starkey is back on the job McFarland still believes in his ability to do good police work and conduct investigations. He does not believe Starkey will be a liability for the department.

“He’s a great guy who made a horrible mistake. It wasn’t funny whatsoever,” McFarland said of the social media post.

McFarland said he understands that there may be people in the community who are concerned about the rehire, but he believes they have nothing to worry about.

“He’s an outstanding police officer who did something he should not have done. If I could go back in time and make it go away I would,” McFarland said. “I understand why they are mad. On the one had he is a great officer. I promise there won’t be anymore incidents that take place like that.”

McFarland said when it becomes possible for him to do so in person, Starkey will take racial sensitivity training provided by the Ohio Attorney General’s Office. The current COVID-19 pandemic conditions make that impossible for him to complete at this time.

“I’ve been around Officer Starkey a long time. I never witnessed him or saw him treat people differently,” the chief said.

McFarland noted that the day Starkey was fired he apologized to the department for his actions.

Starkey could not be reached for comment Tuesday.