IN THE CIRCUIT COURT OF BOONE COUNTY STATE OF MISSOURI

Transcription

1 IN THE CIRCUIT COURT OF BOONE COUNTY STATE OF MISSOURI GREG HALDERMAN, Plaintiff, v. Case No. CITY OF STURGEON, MISSOURI, a municipal Corporation; Serve: Mayor or City Clerk City Hall 303 Station Dr., Sturgeon, MO GENE KELLY, an individual, in both his official and personal capacities; Serve: Gene Kelly 209 N. Joann St. Sturgeon, MO TYLER PATTERSON, an individual, in both his official and personal capacities; Serve: Tyler Patterson 315 West Stone Sturgeon, MO RHONDA DAWSON, an individual, in both her official and personal capacities; Serve: Rhonda Dawson 606 North Rochford Sturgeon, MO BA-CV01543

2 TRAVIS SUTTON, an individual, in both his official and personal capacities; Serve: Travis Sutton 203 Robinson Dr. Sturgeon, MO and, DANNY JOINER, an individual, in both his official and personal capacities, Serve: Danny Joiner 405 West Canada Sturgeon, MO Defendants, PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION, DAMAGES, AND INJUNCTIVE RELIEF Plaintiff Greg Halderman, in support of his Petition for Judicial Review of Administrative Decision, Damages, and Injunctive Relief, states as follows: NATURE OF THE CLAIMS 1. In a series of closed meetings of the City of Sturgeon s Board of Alderman, Defendants Gene Kelley, Tyler Patterson, Rhonda Dawson, Travis Sutton, and Danny Joiner conspired to remove from office and did wrongfully discharge Plaintiff Greg Halderman as Chief of the Sturgeon Police Department without just cause or due process of law and in violation of public policy. 2

3 2. The March 27, 2017 closed meeting of the City of Sturgeon s Board of Alderman to consider Chief Halderman s removal from office did not comply with the Missouri Administrative Procedures Act or provide Chief Halderman with the basic hallmarks of due process. 3. Chief Halderman s removal hearing was not suitably recorded and preserved as required under (4 RSMo, and there is no transcript of the proceedings. 4. The City offered no sworn testimony from any witnesses in support of the alleged factual grounds for removal, relying instead on double and triple hearsay in unauthenticated documents never formally introduced into evidence as required under (5 RSMo. 5. While Chief Halderman was permitted to call witnesses on his own behalf, he had no opportunity to cross-examine or impeach the sources of the out-of-court statements in the documents on which the Board appears to have relied in its findings of fact. 6. The Board s purported Findings of Facts and Conclusions of Law are nothing more than a verbatim recitation of the accusations in the Notice of Hearing provided Chief Halderman on March 15. Nowhere does the Board indicate what alleged conduct by Chief Halderman is supposed to constitute which of the three statutory grounds cited for his removal. 3

4 7. Contrary to the assertions in the Board s final written decision, Chief Halderman was in fact removed from office because: a. He refused a directive from Mayor Kelly and Alderman Sutton to run an unlawful criminal background check using restricted law enforcement databases on Anthony Jones, the first African-American candidate for Mayor of the City of Sturgeon; b. He reported to the Boone County Sheriff s Department allegations of domestic violence between Sturgeon police officer Melody Springer and her husband, who are close friends of Alderman Patterson; and c. He reported to the Missouri Attorney General s Office that Alderman Patterson had removed Halderman s personnel file from City Hall in violation of the Missouri Sunshine Law, RSMo. 8. In terminating Chief Halderman for refusing illegal directives from the Board and reporting alleged illegal conduct by City aldermen other police officers, Defendants violated Missouri public policy, flouted the protections granted under RSMo, and deprived Chief Halderman of his due process rights under the constitution and laws of the State of Missouri. 4

5 PARTIES, JURISDICTION, AND VENUE 9. Plaintiff Greg Halderman ( Chief Halderman is an adult resident of the City of Sturgeon in Boone County, Missouri. At all times relevant to this action, Chief Halderman served as the duly appointed and qualified Chief of the Sturgeon Police Department. 10. Defendant City of Sturgeon, Missouri ( City, is a municipal corporation and fourth-class city established pursuant to the constitution and laws of the State of Missouri. It is governed by the Sturgeon Board of Alderman ( Board, which consists of a mayor and four aldermen. 11. Defendant Gene Kelly ( Mayor Kelly is an adult resident of Boone County, Missouri. At all times to this relevant action, he was the duly elected mayor of the City and member of the Board. 12. Defendant Tyler Patterson ( Alderman Patterson is an adult resident of Boone County, Missouri. At all times to this relevant action, he was a duly elected member of the Board. 13. Defendant Rhonda Dawson ( Alderman Rhonda Dawson is an adult resident of Boone County, Missouri. At all times to this relevant action, she was a duly elected member of the Board. 14. Defendant Travis Sutton ( Alderman Sutton is an adult resident of Boone County, Missouri. At all times to this relevant action, he was a duly elected member of the Board. 5

6 15. Defendant Danny Joiner ( Alderman Joiner is an adult resident of Boone County, Missouri. At all times to this relevant action, he was a duly elected member of the Board. 16. The Court has subject-matter jurisdiction over Chief Halderman s claims pursuant Article 5, sections 14 and 18 of the Missouri Constitution. 17. Venue is proper in this Court under and FACTUAL ALLEGATIONS RELEVANT TO ALL COUNTS 18. Plaintiff Greg Halderman was appointed Chief of the Sturgeon Police Department in October 2013 by the Mayor and the Board. 19. On or about November 19, 2016, Chief Halderman became aware of alleged domestic violence between Sturgeon Police Sergeant Melody Springer and her husband, Chandon. 20. Because the incident involved potential criminal conduct by an employee of the City of Sturgeon, Chief Halderman reported the incident to the Boone County Sheriff s Department per Sturgeon city policy. 21. Chandon Springer is a close friend of Defendant Alderman Patterson. 22. Alderman Patterson has told members of the Sturgeon Community that he wanted to remove Chief Halderman from his position as Chief of Police in retaliation for reporting allegations of domestic violence 6

7 between Chandon and Melody Springer to the Boone County Sheriff s Department. 23. Chief Halderman s report of domestic violence allegations involving city personnel to the Boone County Sheriff s Department was a contributing factor in his wrongful discharge. 24. In January 2017, Mayor Kelly and Alderman Sutton directed Chief Halderman to do a criminal background check on Anthony Jones, the first African-American candidate for mayor of the City of Sturgeon in the upcoming election. 25. Pursuant to RSMo, it is illegal for a government official to obtain or disclose information from the Missouri uniform law enforcement system (MULES or the National Crime Information Center System (NCIC, or any other criminal justice information sharing system that contains individually identifiable information for private or personal use, or for a purpose other than in connection with their official duties and performance of their job. 26. Running a background check on political candidates is not a proper law enforcement purpose. 27. The misuse of official information is a class A misdemeanor under RSMo. 7

8 28. Chief Halderman refused Mayor Kelly and Alderman Sutton s illegal directive to run a background check on Anthony Jones. 29. Chief Halderman s refusal to conduct an unauthorized criminal background check on Anthony Jones was a contributing factor in his removal from office. 30. On or about May 9, 2017, Alderman Patterson removed Chief Halderman s personnel file from City Hall without written authorization from Sturgeon s custodian of records. 31. Alderman Patterson s actions violated Sturgeon City Ordinance , which provides: The City of Sturgeon recognizes and values every employee's right to privacy. A personnel file is used for retaining all personnel and training related documents for each employee. There are legal requirements for employers to record and maintain certain information related to employment with the City of Sturgeon. These records are the city s property and will remain permanently in the City's files. They may not under any circumstance be removed from the city's premises. 8

9 32. Alderman Patterson s actions also violated the Missouri Sunshine Law, which states in pertinent part: No person shall remove original public records from the office of a public governmental body or its custodian without written permission of the designated custodian RSMo. 33. On or about March 10, 2017, Chief Halderman filed a formal complaint with the Missouri Attorney General s Office that Alderman Patterson had violated the Missouri Sunshine Law, RSMo. 34. Chief Halderman s report of Alderman Patterson s Sunshine Law violation to the Attorney General s Office was a contributing factor in his unlawful removal from office. 35. Chief Halderman s termination in retaliation for reporting a violation of the Sunshine Law is a further violation of the Sunshine Law, RSMo, which provides in pertinent part: No person who in good faith reports a violation of the provisions of sections to is civilly liable for making such report, nor, if such person is an officer or employee of a public governmental body, 9

10 may such person be demoted, fired, suspended, or otherwise disciplined for making such report. 36. On or about April 11, 2017, a representative of the Missouri Attorney General s Office wrote Alderman Patterson a letter stating that removing the Chief s personnel file from City Hall was a violation of the Sunshine law. A copy of the Letter from the Missouri Attorney General s Office is attached as Exhibit A. Statutory Removal of Nonelected Municipal Police Chiefs. 37. In 2013, the Missouri General Assembly enacted legislation insulating municipal police chiefs from the vagaries of city politics by imposing stringent hearing procedures and limiting the substantive grounds for their removal. 38. The procedural requirements for removing a nonelected chief law enforcement officer under this new legislation mandate that a city provide at least ten days written notice before its governing body meets to consider the chief s removal (1 RSMo. 39. The notice must identify (a the statutory grounds on which the city seeks the chief s removal; (b the factual allegations supporting the statutory grounds identified; and (c the date, time, and location of the meeting at which the city s governing body will decide whether to remove the chief (2 RSMo. 10

11 40. The chief must be given an opportunity to be heard, together with any witnesses, evidence and counsel of his choosing (3 RSMo. 41. If the governing body finds just cause for removal by a two-thirds majority vote, it must issue written notice of the grounds for removal within 14 days RSMo. Chief Halderman receives notice of his removal hearing. 42. On or about May 15, 2017, Mayor Kelly sent Chief Halderman a document entitled, Section RSMo Notice of Meeting of the City of Sturgeon Board of Alderman for Consideration of Removal of Chief of Police (hereafter, Notice of Meeting, a copy of which is attached to this petition as Exhibit B. 43. The Notice of Meeting alleged that just cause exists for your removal (termination of your employment for the following reasons: a. You are unable to perform your duties with reasonable competence or reasonable safety as a result of alcohol abuse ; b. You have committed acts, while engaged in the performance of your duties, that constitutes a reckless disregard for the safety of the public or another law enforcement officer ; and 11

12 c. You are in violation of written established employment policy. 44. The Notice of Meeting alleged that Chief Halderman engaged in conduct on the following four occasions constituting just cause for removal: a. February 24, 2014 Chief Halderman admitted to making inappropriate and offensive comments to a minor female. Chief Halderman admitted to getting into the vehicle of the minor female without her permission. The minor female felt uncomfortable with Chief Halderman s inappropriate and offensive comments. This happened on several occasions. When Chief Halderman entered the minor female s vehicle, she became extremely uncomfortable. b. January 13, 2015 Chief Halderman purposely pointed a hand gun at a co-worker s face, making the co-worker very uncomfortable and afraid for his safety. c. May 21, 2016 Chief Halderman was contacted by Boone County Joint Communications with a request to respond to a 911 emergency call in the City of Sturgeon. Chief Halderman responded by stating he had been drinking and that he wasn t supposed to be on tonight. Chief Halderman asked the dispatcher at Boone County Joint 12

13 Communications to show him on scene out of uniform. Chief Halderman responded to the scene of the 911 call after admitting he had been drinking. d. February 20, 2017 Chief Halderman appeared at the Boone County Jail to interview 3 suspects regarding crimes that occurred in the City of Sturgeon. Chief Halderman behaved in an unprofessional manner by harassing and verbally abusing 3 prisoners, by yelling at them, swearing at them and threatening them with prison time. This agitated the prisoners and made the job of the staff at the Boone Jail more difficult. 3 Boone County Sheriff s deputies made written reports describing the Chief s unprofessionally behavior. 1 Boone County Sheriff s Deputy reported that he may have smelled intoxicants on Chief Halderman s breath at that time. 45. The Notice of Meeting stated that the Board would consider Chief Halderman s removal as Chief of Police at a closed meeting on March 27, 2017, at which time Chief Halderman would be afforded the opportunity to be heard before the Board of Alderman, together with any witnesses, evidence and counsel of your choosing. 13

14 46. Enclosed with the Notice of Meeting were documents, which purported to establish the grounds for removal identified in the Notice of Meeting. 47. None of the documents enclosed with the Notice of Meeting was authenticated or accompanied by a business records affidavit. 48. Other than copies of City Ordinances, the documents enclosed with the Notice of Meeting contain double and triple hearsay and often do not identify the source of the statements contained therein. The March 27, 2017 Removal Hearing 49. Chief Halderman s Removal Hearing was convened on March 27, 2017 during a closed meeting of the Sturgeon Board of Aldermen. 50. Chief Halderman was represented by counsel Ryan McDaniel. 51. The meeting was not recorded, and no transcript of the hearing exists. 52. The City did not present a case-in-chief. 53. The City did not call any witnesses, either to offer testimony against Chief Halderman directly or to authenticate any of the documents enclosed with the Notice of Hearing. 54. The City did not formally offer into evidence any of the unauthenticated hearsay documents enclosed with the Notice of Hearing. 14

15 55. The sources of the out-of-court statements contained in the unauthenticated hearsay documents enclosed with the Notice of Meeting were not present at the hearing for Chief Halderman to confront or crossexamine. 56. Other than unauthenticated double and triple hearsay in the documents enclosed with the Notice of Hearing, the City offered no evidence whatsoever in support of the statutory grounds for removal alleged in the Notice of Hearing. 57. The City did not explain how Chief Halderman allegedly violated the City Ordinances identified in the Notice of Removal. 58. Prior to putting on his defense, Chief Halderman offered a Motion for Directed Decision, a copy of which is attached as Exhibit C. 59. The Motion argued that the Removal Hearing did not comply with the fundamental requirements of due process: The City has not put on any evidence of the charges against Mr. Halderman. Mr. Halderman has no opportunity to confront his accusers to determine the validity of their stories or the motivation, if any, behind their testimony. This procedure (or lack thereof creates a great risk of an erroneous deprivation of Mr. Halderman s property right

16 [T]he cost to the City of additional procedural safeguards would not be substantial. The City would simply be required to provide the actual evidence of the charges against Mr. Halderman, presumably information that they had readily available in drafting their letter to Mr. Halderman. Without further process, Mr. Halderman is left to attempt to defend himself against the accusations of nameless accusers not present at hearing and not subject to cross examination. 60. The Board voted unanimously to deny the Motion. 61. Chief Halderman asked Alderman Patterson to recuse himself from the hearing due to the Chief s pending complaint with the Missouri Attorney General s Office that Alderman Patterson had violated the Sunshine Law by removing Chief Halderman s personnel file from City Hall without written permission from the City s custodian of records. 62. Alderman Patterson denied Chief Halderman s request to recuse himself. 63. Chief Halderman called ten witnesses, including himself, to refute allegations of alcohol abuse. 16

17 64. After Chief Halderman rested and departed the meeting, the Board voted 3-1 to remove him from office. 65. On April 4, 2017, Mayor Kelly signed a document entitled, Section RSMo Notice of Grounds for Removal of Chief of Police (hereafter, Notice of Grounds for Removal, a copy of which is attached to this petition as Exhibit D. 66. The Notice of Grounds for Removal repeats verbatim (a the three statutory grounds for removal identified in the Notice of Hearing including Chief Halderman s alleged violation of City Ordinances and (b the alleged conduct by Chief Halderman on the four occasions purportedly constituting just cause for removal. 67. Enclosed with the Notice of Grounds for Removal were the same documents attached to the Notice of Meeting. 68. The Notice of Grounds for Removal does not identify what alleged conduct by Chief Halderman the Board found to have violated any City Ordinance. 69. The Notice of Grounds for Removal were mailed to Chief Halderman on April 5, Chief Halderman has exhausted all administrative remedies. 17

18 COUNT I JUDICIAL REVIEW OF ADMINISTRATIVE DECISION IN A CONTESTED CASE (Against Defendant City of Sturgeon 71. Chief Halderman restates and incorporates by reference as if fully set forth herein all prior allegations in this petition. 72. The Board of Alderman for the City of Sturgeon is an agency within the meaning of the Missouri Administrative Procedures Act because it is any administrative officer or body existing under the constitution or by law and authorized by law or the constitution to make rules or to adjudicate contested cases (2 RMSo. 73. The removal of a nonelected chief of police by the governing body of a political subdivision pursuant to RSMo is a contested case within the meaning of the Missouri Administrative Procedures Act because it is a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after hearing (4 RSMo. 74. The Board s April 4, 2017 Notice of Grounds for Removal, which removed Chief Halderman from office pursuant to RSMo, is a final decision in a contested case. 75. Chief Halderman is aggrieved by the final decision of the Board of Alderman. 18

19 76. Having exhausted all administrative remedies, Chief Halderman is entitled to judicial review of the Board s decision removing him from office as provided in sections to RSMo. 77. Pursuant to RSMo, this petition for review is timely filed within 30 days of the mailing of the Board s final decision to Chief Halderman on April 5, The Board s final decision removing Chief Halderman from office pursuant to RSMo violates Chief Halderman s right to due process under Article I, section 10 of the Missouri Constitution because the Board (a did not observe fundamental rules of evidence such as foundation, authentication, and hearsay; (b did not hear testimony under oath from Chief Halderman s accusers; (c did not provide Chief Halderman any opportunity to cross-examine the witnesses whose out-of-court statements provided the sole basis for the Board s decision; (d did not provide sufficient findings of fact and conclusions of law from which Chief Halderman may discern how and when he allegedly violated City Ordinances; and (e did not cause the hearing to be recorded or transcribed. 79. The Board s final decision removing Chief Halderman from office pursuant to RSMo is unsupported by competent and substantial evidence upon the whole record because (a the City called no witnesses; (b the City offered no authenticated non-hearsay evidence into the record; (c 19

20 the Board s Findings of Fact and Conclusions of Law fail to identify what conduct by Chief Halderman is alleged to have violate what City Ordinances; (d the only admissible evidence properly introduced at the hearing demonstrated conclusively that Chief Halderman does not use alcohol while on duty or abuse it while off duty. 80. The Board s final decision removing Chief Halderman from office pursuant to RSMo is made upon unlawful procedure or without a fair trial because the Board (a did not observe fundamental rules of evidence such as foundation, authentication, and hearsay; (b did not hear testimony under oath from Chief Halderman s accusers; (c did not provide Chief Halderman any opportunity to cross-examine the witnesses whose out-ofcourt statements provided the sole basis for the Board s decision; (d did not provide sufficient findings of fact and conclusions of law from which Chief Halderman may discern how and when he allegedly violated City Ordinances; and (e did not cause the hearing to be recorded or transcribed. 81. The Board s final decision removing Chief Halderman from office pursuant to RSMo is arbitrary, capricious and unreasonable. 82. The Board s final decision removing Chief Halderman from office pursuant to RSMo involves an abuse of discretion. 83. As a direct and proximate cause the City s unlawful removal of Chief Halderman from office, Chief Halderman suffered and continues to 20

21 suffer damages, including lost wages and benefits, emotional distress, and injury to his reputation. COUNT II IN THE ALTERNATIVE TO COUNT I, JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION IN A NONCONTESTED CASE (Against Defendant City of Sturgeon 84. Chief Halderman restates and incorporates by reference as if fully set forth herein all prior allegations in this petition. 85. Chief Halderman is aggrieved by the final decision of the Board of Alderman and has exhausted all administrative remedies. 86. If this Court should determine that the Board s final decision removing Chief Halderman from office pursuant to RSMo was not a decision in a contested case, either because RSMo does not require adjudication after a hearing or because the Board failed to provide Chief Halderman with meaningful notice and an opportunity to be heard, Chief Halderman is entitled to judicial review of the Board s decision as a noncontested case pursuant to RMSo. 87. As a direct and proximate cause the City s unlawful removal of Chief Halderman from office, Chief Halderman suffered and continues to suffer damages, including lost wages and benefits, emotional distress, and injury to his reputation. 21

22 COUNT III VIOLATION OF DUE PROCESS (Against Defendants City of Sturgeon, Kelly, Patterson, Sutton, Dawson, and Joiner in their personal and official capacities 88. Chief Halderman restates and incorporates by reference as if fully set forth herein all prior allegations in this petition. 89. The Missouri Constitution guarantees, That no person shall be deprived of life, liberty or property without due process of law. Mo. Const. Art. I Pursuant to RSMo, Chief Halderman possessed a property interest in continued employment as Chief of Police, which he could not be lawfully deprived of without due process. 91. Pursuant to RSMo, and the Missouri Administrative Procedures Act, Chief Halderman was entitled to a hearing that would include oral evidence taken upon oath or affirmation and a right to the crossexamination of witnesses (section ; the making of a record (section ; adherence to evidentiary rules (section ; and a written decision including findings of fact and conclusions of law (section Acting under color of law, Defendants City of Sturgeon, Kelly, Patterson, Sutton, Dawson, and Joiner willfully deprived Chief Halderman of his right to due process by conducting a sham hearing devoid of the 22

23 procedural protections guaranteed to him under the Constitution and laws of the state of Missouri. 93. Chief Halderman s removal hearing was not suitably recorded and preserved as required under (4 RSMo, and there is no transcript of the proceedings. 94. The City offered no sworn testimony from any witnesses in support of the alleged factual grounds for removal, relying instead on double and triple hearsay in unauthenticated documents never formally introduced into evidence as required under (5 RSMo. 95. While Chief Halderman was permitted to call witnesses on his own behalf, he had no opportunity to cross-examine or impeach the sources of the out-of-court statements in the documents on which the Board appears to have relied in its findings of fact. 96. As a direct and proximate cause of Defendants violation of the Due Process Clause of the Missouri Constitution, Chief Halderman suffered and continues to suffer damages, including lost wages and benefits, emotional distress, and injury to his reputation. 23

24 COUNT IV WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC POLICY (Against Defendant City of Sturgeon 97. Chief Halderman restates and incorporates by reference as if fully set forth herein all prior allegations in this petition. 98. At all times relevant to this action, Chief Halderman was an employee of the City of Sturgeon Missouri. 99. Missouri public policy prohibits the discharge of even an at-will employee (1 for refusing to violate the law or any well-established and clear mandate of public policy as expressed in the constitution, statutes, regulations promulgated pursuant to statute, or rules created by a governmental body or (2 for reporting wrongdoing or violations of law to superiors or public authorities. Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81, 92 (Mo If an employer terminates an employee for either reason, then the employee has a cause of action in tort for wrongful discharge based on the public-policy exception. Fleshner, 304 S.W.3d at Chief Halderman was removed from office as Chief of Police in retaliation for a. refusing a directive from Mayor Kelly and Alderman Sutton to run an unlawful and unauthorized criminal background check on municipal mayoral candidate Anthony Jones; and 24

25 b. reporting allegations of domestic violence by a city employee to the Boone County Sheriff s Department; c. reporting Alderman Patterson s violation of the Missouri Sunshine Law to the Missouri Attorney General s Office; 102. Engaging in the above protected conduct was a contributing factor in Chief Halderman s removal from office and termination Chief Halderman s removal and termination for refusing to perform an unauthorized and illegal background check and for reporting the unlawful conduct by Alderman Patterson and Sgt. Melody Springer violated Missouri public policy As a direct and proximate cause of the City s decision to removal him as Chief of Police in violation of public policy, Chief Halderman suffered and continues to suffer damages, including lost wages and benefits, emotional distress, and injury to his reputation Under RSMo, Any municipality engaged in the exercise of governmental functions may carry liability insurance and pay the premiums therefor to insure such municipality and their employees against claims or causes of action for property damage or personal injuries, including death, caused while in the exercise of the governmental functions, and shall be liable as in other cases of torts for property damage and personal injuries including death suffered by third persons while the municipality is engaged 25

26 in the exercise of the governmental functions to the extent of the insurance so carried On information and belief, the City of Sturgeon maintains liability insurance to handle the consequences of employment related actions brought against them As such, the City of Sturgeon has waived sovereign immunity from damages arising from Chief Halderman s employment-related claims. COUNT V WRONGFUL TERMINATION (Against Defendants Kelly, Patterson, Sutton, Dawson, and Joiner in their personal and official capacities 108. Chief Halderman restates and incorporates by reference as if fully set forth herein all prior allegations in this petition All times relevant to this action, there was an employer/employee relationship between Defendants Kelly, Patterson, Sutton, Dawson, and Joiner and Chief Halderman because, by City Ordinance, the Chief of the Sturgeon Police Department serves at the pleasure of the Mayor and the Board of Alderman. City Ord , a copy of which is attached as Exhibit E By City ordinance and Missouri law, Chief Halderman could only be removed from his position as chief of police and his employment terminated by Defendants Kelly, Patterson, Sutton, Dawson, and Joiner. 26

27 111. Missouri public policy prohibits the discharge of even an at-will employee (1 for refusing to violate the law or any well-established and clear mandate of public policy as expressed in the constitution, statutes, regulations promulgated pursuant to statute, or rules created by a governmental body or (2 for reporting wrongdoing or violations of law to superiors or public authorities. Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81, 92 (Mo If an employer terminates an employee for either reason, then the employee has a cause of action in tort for wrongful discharge based on the public-policy exception. Fleshner, 304 S.W.3d at Chief Halderman was removed from office as Chief of Police in retaliation for a. refusing a directive from Mayor Kelly and Alderman Sutton to run an unlawful and unauthorized criminal background check on municipal mayoral candidate Anthony Jones; and b. reporting allegations of domestic violence by a city employee to the Boone County Sheriff s Department; c. reporting Alderman Patterson s violation of the Missouri Sunshine Law to the Missouri Attorney General s Office; 114. Engaging in the above protected conduct was a contributing factor in Chief Halderman s removal from office and termination. 27

28 115. Chief Halderman s removal and termination for refusing to perform an unauthorized and illegal background check and for reporting the unlawful conduct by Alderman Patterson and Sgt. Melody Spring violated Missouri public policy As a direct and proximate cause of the City s decision to removal him as Chief of Police in violation of public policy, Chief Halderman suffered and continues to suffer damages, including lost wages and benefits, emotional distress, and injury to his reputation. COUNT VI IN THE ALTERNATIVE TO COURT IV TORTIOUS INTERFERENCE WITH CONTRACT (Against Defendants Kelly, Patterson, Sutton, Dawson, and Joiner in their personal and official capacities 117. Chief Halderman restates and incorporates by reference as if fully set forth herein all prior allegations in this petition At all times relevant to this action, Chief Halderman had an employment contract with the City of Sturgeon which could not be terminated absent just cause as defined under RSMo Defendants Kelly, Patterson, Sutton, Dawson, and Joiner had knowledge of Chief Halderman s contract for employment with the City of Sturgeon and his continued expectation of employment absent just cause for his removal. 28

29 120. Nonetheless, Defendants Kelly, Patterson, Sutton, Dawson, and Joiner intentionally interfered with Chief Halderman s employment contract with the City by causing the city to breach its contract without just cause for removal following a closed meeting of the Board of Alderman Defendants Kelly, Patterson, Sutton, Dawson, and Joiner lacked sufficient justification for interfering with Chief Halderman s employment contract As a direct and proximate cause of Defendants Kelly, Patterson, Sutton, Dawson, and Joiner s tortious interference with his employment contract, Chief Halderman suffered and continues to suffer damages, including lost wages and benefits, emotional distress, and injury to his reputation. WHEREFORE, Plaintiff Greg Halderman respectfully requests that this Court enter judgment in his favor and against Defendants City of Sturgeon, Kelly, Patterson, Sutton, Dawson, and Joiner, granting the following relief: (a On order reversing the City of Sturgeon and its Board of Alderman s decision in a contested case to remove Chief Halderman from office, or, in the alternative, conduct a de novo hearing of the Board s decision as a noncontested case; 29

30 (b (c (d (e (f (g Injunctive relief including, but not limited to, reinstatement of Chief Halderman as Chief of the Sturgeon Police Department and the removal of all documents related to his removal proceeding from his personnel file; Backpay and lost benefits for the duration of his wrongful removal from office; Compensatory damages for his injuries, including lost wages and benefits, emotional distress, and injury to his reputation; Punitive damages for Defendants willful, wanton and reckless disregard for Chief Halderman s statutory and constitutional rights; Costs and reasonable attorneys fees, and Such other relief as the Court deems just and proper. Respectfully Submitted, J. Andrew Hirth J. Andrew Hirth, #57807 TGH Litigation LLC 913 E. Ash St. Columbia, MO andy@tghlitigation.com Counsel for Plaintiff 30