Greg Halderman v. City of Sturgeon, Missouri and Tyler Patterson

CourtMissouri Court of Appeals
DecidedMay 2, 2023
DocketWD85066
StatusPublished

This text of Greg Halderman v. City of Sturgeon, Missouri and Tyler Patterson (Greg Halderman v. City of Sturgeon, Missouri and Tyler Patterson) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greg Halderman v. City of Sturgeon, Missouri and Tyler Patterson, (Mo. Ct. App. 2023).

Opinion

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT GREG HALDERMAN, ) ) Respondent, ) ) v. ) WD85066 ) (consolidated with CITY OF STURGEON, MISSOURI ) WD85080 and WD85252) and TYLER PATTERSON, ) ) Filed: May 2, 2023 Appellants. ) Appeal from the Circuit Court of Boone County The Honorable Jeff Harris, Judge Before Division Four: Gary D. Witt, C.J., and Alok Ahuja and Janet Sutton, JJ. In 2017, the Board of Aldermen of the City of Sturgeon voted to terminate

the employment of the City’s Chief of Police, Greg Halderman. Halderman sued

the City, the City’s Mayor, and the Aldermen who had voted to terminate him in

the Circuit Court of Boone County. Halderman sought judicial review of the City’s termination decision. He also alleged that he was entitled to damages

because the City and City officials had wrongfully discharged him, and because

the City officials had tortiously interfered with his employment contract. The circuit court ruled that the City had failed to afford Halderman the

formal contested-case hearing to which he was entitled, and vacated Halderman’s

termination. Halderman abandoned his claims against all of the City officials, except for his tortious interference claim against Alderman Tyler Patterson. Following a jury trial, the circuit court entered judgment for Halderman on his

wrongful discharge claim against the City, and on his tortious interference claim

against Patterson. The City and Patterson appeal. We affirm the circuit court’s determination

that Halderman’s 2017 termination was contrary to law, because the City failed to

provide him with a contested-case hearing. We also affirm the wrongful-

discharge judgment against the City. We reverse the judgment against Patterson

for tortious interference with contract, however. Finally, we grant Halderman’s

motion for an award of attorney’s fees on appeal against the City, and remand to the circuit court for determination of the amount of Halderman’s recoverable

fees.

Factual Background On March 27, 2017, the Board of Aldermen for the City of Sturgeon voted

to remove Halderman as Chief of the Sturgeon Police Department pursuant to

§ 106.273.1.1 The Board found just cause to remove Halderman under

§§ 106.273.1(2)(a), (b), and (f). In support of Halderman’s removal, the Board

found the following facts: 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 had happened on several occasions. When Chief Halderman entered the minor female’s vehicle, she became extremely uncomfortable.

Unless otherwise indicated, statutory citations refer to the 2016 edition of the 1

Revised Statutes of Missouri, updated by the 2022 Cumulative Supplement.

2 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. 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 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 alcohol. 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 County Jail more difficult. 3 Boone County Sheriff’s deputies made written reports describing the Chief’s unprofessional behavior. 1 Boone County Sheriff’s Deputy reported that he may have smelled intoxicants on Chief Halderman’s breath at that time. Chief Halderman admitted that he had consumed alcohol just prior to leaving for the jail. Chief Halderman admitted that his behavior was due to the stress he experienced during events that had occurred in the week before this incident. Following his termination, Halderman filed suit in the Circuit Court of

Boone County on May 4, 2017. Halderman’s petition asserted claims against the

City; Mayor Gene Kelly; and the members of the City’s Board of Aldermen (Tyler Patterson, Rhonda Dawson, Travis Sutton, and Danny Joiner). Halderman

alleged that the defendants “conspired to remove [him] from office.” Halderman

contended that the City had unlawfully failed to hold a formal contested-case hearing prior to his discharge. Halderman’s Petition also claimed that his

termination was not for the reasons set forth in the Board’s decision. Instead, he

3 alleged that he was fired in retaliation for three incidents: his refusal to follow an instruction from Kelly and Sutton to run an unlawful criminal background check

on a competing mayoral candidate; his report of allegations of domestic violence

between another Sturgeon police officer and her husband (who were close friends of Patterson’s); and his report of Patterson’s removal of Halderman’s personnel

file from City Hall in violation of Missouri’s Sunshine Law, § 610.023.2.

Halderman’s Petition alleged six counts. Count I sought judicial review of

his termination as a contested case under the Missouri Administrative Procedure

Act (“MAPA”), § 536.010, et seq.; in the alternative, Count II sought judicial

review of Halderman’s termination as a non-contested case; Count III alleged that all of the defendants had denied Halderman his rights under the Due Process

Clause of the Missouri Constitution; Count IV alleged a claim for wrongful

discharge in violation of public policy against the City; Count V alleged a

wrongful discharge claim against the individual City officials; and Count VI

sought damages from the City officials for tortious interference with Halderman’s

employment contract with the City.

The circuit court granted partial summary judgment to Halderman as to

Counts I and III on February 15, 2019. The court found that the removal hearing

required by § 106.273 was a “contested case,” and that the City had failed to comply with the procedural requirements for contested cases specified in MAPA.

The circuit court also found that the City’s failure to conduct a formal hearing

violated Halderman’s due process rights. The court ordered the City to reinstate Halderman as police chief, and pay him back wages from the date of his

termination. On March 11, 2019, the circuit court entered an amended judgment,

4 certifying its summary judgment ruling as a partial final judgment under Rule 74.01(b).

The defendants appealed. Despite the circuit court’s certification of the

judgment for immediate appeal under Rule 74.01(b), this Court dismissed the appeal. Halderman v. City of Sturgeon, No. WD82668, 592 S.W.3d 824 (Mo.

App. W.D. 2020). We concluded that the circuit court had not entered judgment

on a distinct “judicial unit” which could be appealed while Halderman’s other

claims remained pending in the circuit court. Id. at 829.

After reinstating Halderman, the City placed him on administrative leave

with pay. The City then held a contested-case hearing before the Board of Aldermen to remove Halderman from office a second time.

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Greg Halderman v. City of Sturgeon, Missouri and Tyler Patterson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greg-halderman-v-city-of-sturgeon-missouri-and-tyler-patterson-moctapp-2023.