On Saturday, Pomeroy Mayor Mary McAngus tendered her resignation.
Pomeroy Police Officer Kyle Calendine says McAngus made derogatory comments about his sexual orientation.
Calendine was at the center of a controversy pitting the former mayor against the entire police department.
Eight people from the department submitted complaints to city council about comments McAngus allegedly made.
"The message that I want to send is that I have rights as a person as well as everybody else here and they were infringed upon and there needs to be an action of law to solve this," says Calendine.
McAngus' resignation became official at Monday night's council meeting when all council members present voted to accept it.
Voters will decide in november who will fill the last two years of mcangus' term.
Council president Jackie Welker will take over as mayor until the first of the year.
Calendine and his partner are considering legal action against the village and McAngus.