SOUTH BEND, Ind. -- The city finds itself in hot water again with this latest twist in the on-going tape scandal.

After ABC 57 learned of a federal investigation involving phone recordings at the South Bend Police Department the mayor of South Bend demoted former Police Chief Darryl Boykins.

Now, Boykins is fighting back, nearly six months later. ABC 57 also has Mayor Pete Buttigieg's response to Boykins' controversial claim that his race was the reason behind his demotion.

Former Police Chief Darryl Boykins just wants his job back. "He was the first African American police chief in this city and he did a great job," said Boykins' attorney Tom Dixon.

At the height of his 28-year career at the South Bend Police Department, Boykins said the mayor forced him to resign and then demoted him when he rescinded that resignation.

The move came after the feds started investigating phone conversations that were alleged to have been recorded illegally under his watch. However, those that worked alongside him and knew him best, say he was a good chief and supported him after the scandal broke.

Boykins said he did not do anything wrong, which is why his attorney filed a charge of discrimination with the Equal Employment Opportunity Commission Friday. In the complaint, it claims Boykin's demotion, by the mayor, was racially motivated.

"He is also seeking damages for the damages to his reputation and all the emotional stress he had suffered as a result of this. He didn't do anything wrong and he shouldn't have been put through the ringer like this," said Dixon.

Dixon said filing this complaint with the EEOC is a necessary step before a lawsuit can be filed, but he said it does not have to come to that. "There is a possibility that it will be mediated through the EEOC if the parties wanted to do that. If that didn't succeed or if the parties didn't want to mediated through the EEOC then we would, once the EEOC was done with an investigation, start a formal federal complaint," said Dixon.

Dixon said that since the complaint was just filed Friday, the EEOC will not officially notify the city of the charge until sometime next week. Yet, the mayor was already well aware of Boykins' complaint and sent ABC 57 this written response:

"In general it is the policy of this administration not to comment on the pending litigation. The mayor's office has not yet been served with formal notice or any documentation of this legal action."

Dixon said this has really taken a toll on the former chief and that Boykins feels the circumstances are disappointing and disheartening.