Sturgeon responds in former police chief’s lawsuit

An attorney for the city of Sturgeon said it and individual members of the Board of Aldermen have legal immunity in ousting the police chief.

Jefferson City-based attorney Theodore Lynch responded earlier this month to the suit filed by former Chief Greg Halderman. The former chief claimed aldermen acted “maliciously” to fire him, spurred by Halderman’s complaints about an alderman potentially tampering with his personnel file. The lawsuit involves the city, former Mayor Gene Kelly, former alderman Tyler Patterson, and current board members Rhonda Dawson, Travis Sutton and Danny Joiner.

ABC 17 News reported in March when the board voted 3-1 to get rid of Halderman. The board cited reports of alcohol abuse and inappropriate behavior in their decision. An administrative hearing was held behind closed doors, but the vote was made public afterwards.

Lynch’s response said the city is protected by “sovereign immunity,” while the individual members involved are protected by “official immunity.”

“They have official immunity in that they were at all times engaged in discretionary functions which they discharged in good faith, and they did not willfully injure (Halderman) or act with malice,” reads Lynch’s response.

Joiner, who was elected mayor in April, was the sole vote in favor of keeping Halderman.

Sturgeon city attorney Jeff Kays also made public the exhibits used in the hearing to fire Halderman. Those include reports from the Boone County Sheriff’s Department about an incident in February in which the former chief berated an inmate on his way into the jail. The suspect then began yelling back at Halderman. Deputies noted the scent of alcohol on Halderman’s breath at the time, and called his behavior “inappropriate.” A report written by Sgt. Andrew Collins details part of the encounter on Feb. 20 at the Boone County Jail.

“I also advised Greg that he needed to understand that after he excited these prisoners, that Jail Staff would have to deal with the aftermath,” Collins wrote. “I informed Greg that his intent to rile up prisoners to get them to turn against each other is not an appropriate tactic in the Boone County Jail.”

Halderman told ABC 17 News in March he had “a few sips of beer” before the February incident, and credited his behavior to a stressful week testifying in a case.

Halderman’s attorney Andy Hirth noted that the documents released don’t contain a transcript of the hearing the Board of Aldermen held.

“The Board of Aldermen did not have a court reporter, they did not transcribe the hearing,” Hirth said in an interview on Thursday. “So, the particular testimony of Chief Halderman and the 10 witnesses he called was not recorded. The city itself did not call any witnesses at its own hearing. The only witnesses are on behalf of Chief Halderman.”

The documents released also include three other incidents dating back three years, including a 2015 incident that put the chief’s job in jeopardy. The Sheriff’s Department’s investigated reports of Halderman aiming a gun at a city worker. Halderman said he was testing the grip of the gun, and accidentally pointed it at the worker who had just walked into the department lobby.

Hirth said they are just beginning the discovery process of the lawsuit. The Missouri Supreme Court denied Halderman’s request for a hearing on June 13, citing the lack of a “final, appealable judgment.”