SIDNEY, Neb. (AP) — A judge has upheld the conviction and sentencing of a western Nebraska police chief who didn’t pursue a criminal case against a city official.

Court records say Judge Travis O’Gorman of Cheyenne County District Court on Tuesday rejected an appeal by Sidney Police Chief B.J. Wilkinson.

State prosecutors say Wilkinson failed to pursue criminal charges against city Public Works Director John Hehnke after Hehnke’s ex-girlfriend filed a complaint in January 2014 against Hehnke. The case came to the attention of state prosecutors, who later charged Hehnke.

Wilkinson’s attorney, Thomas Sonntag, said in court Monday that Wilkinson’s 30-day jail sentence was unfairly tough when compared to Hehnke’s $300 fine for disturbing the peace.

O’Gorman says Wilkinson abused his power by failing to uphold and enforce the law.