LINCOLN, N.D. (AP) — The City Council in Lincoln has fired the police chief on a 3-2 vote in which the mayor had to break the tie.

Chief Marcel Sim has been on administrative leave since late September because of a restraining order filed against him after domestic violence complaints made by his wife. He resigned earlier this month but then withdrew the resignation.

The council voted to fire Sim on Monday night during a special meeting attended by more than 50 people. Mayor Robert Johnston says the matter has been painful for everyone involved, but the council has to do what is in the best interest of the city just southeast of Bismarck.

A telephone listing for Sim could not immediately be found. Police Officer Jacob Crook defended Sim during the meeting.

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