https://www.ksdk.com/article/news/local/former-ballwin-police-chief-sues-
city/63-d8e5de75-2552-430c-ac11-4c83c9bf45e9?ref=exit-recirc

BALLWIN, Mo. � The former chief of the Ballwin Police Department, who was
removed from office by the board of aldermen, filed a lawsuit last Friday
against the city.

Douglas Schaeffler alleges in his lawsuit that the board failed to follow
state law on numerous fronts when it met behind closed doors and voted to
remove him. The ousted chief says months ago someone came to him with a
criminal complaint against the Mayor of Ballwin and another city official.
He asked a different agency to investigate the complaint. According to the
lawsuit, that's when he believes attempts surfaced to remove him.

PREVIOUS COVERAGE:

Ballwin police chief 'no longer employed' by city months after being
placed on leave
Ballwin police chief put on paid leave until further notice
Schaeffler's termination came after a vote by the board on Dec. 6, after
the board placed him on administrative leave in October. During a closed
session portion to discuss "legal matters, personnel/employee matters,
and/or real estate," Alderman Mike Utt made a motion to remove the chief
from his position "based on evidence presented." It was passed with a
unanimous 8-0 vote.

The lawsuit claims the board:

Failed to comply with Missouri's Administrative Procedures Act
Did not give Schaeffler a formal hearing, as required by law
Did not issue findings of facts and conclusions of law, as required by law
Deprived Schaeffler of his right to due process, as required by the state
constitution
The 25-page lawsuit was filed in court Friday.

City leaders say police officers began sending complaints about the chief.
The lawsuit claims allegations the chief created a perception that
officers couldn't get promoted if they didn't drink alcohol with him.
There are allegations he got behind the wheel after drinking, and even
bought alcohol while in uniform. Schaeffler says there is no proof of it.

The lawsuit hints at possible retaliation after the former chief asked the
Ellisville Police Department to investigate a criminal complaint against
the Mayor and a former city administrator back in September. No word on
what that complaint is about. Ellisville Police's Assistant Chief said the
alleged victim in the case did not wish to pursue criminal charges, and
that the investigation is considered unfounded.

Friday, Ballwin Mayor Tim Pogue released a statement calling Schaeffler's
lawsuit "frivolous" and outlining some of the previously undisclosed
reasons Schaeffler was removed from his position. The statement said the
city hired an outside investigator who found that "five allegations
brought forward against Chief Schaeffler were substantiated."

"Some of those allegations include violations of written established
policy," the statement said. "Things like purchasing alcohol while on duty
and/or in uniform, misuse of the REJIS system to obtain criminal and
traffic information for non-law enforcement purposes, and harassment,
discrimination and/or retaliation with respect to supervision of
department employees."

The statement said the investigator also found substantiated allegations
that Schaeffler broke Missouri law by driving a city vehicle after
consuming alcohol.

His statement also said the board followed Missouri state law during the
process of Schaeffler's termination.

"It is disheartening to hear the baseless allegations against the City of
Ballwin from former Chief Schaeffler, the statement said. "We had hoped to
move forward as a City from Schaeffler�s tenure as chief, but now are left
using taxpayer money to fight a frivolous lawsuit."

Capt. John Bergfeld, who has served 26 years with the Ballwin Police
Department, has since served as acting police chief.

Read the full lawsuit here:

https://s3.documentcloud.org/documents/24359083/former-ballwin-police-
chief-lawsuit.pdf

Mayor Tim Pogue's full statement is as follows:

I wanted to clarify some things concerning the termination of former Chief
Doug Schaeffler.

The Ballwin Board of Aldermen voted to place Chief Doug Schaeffler on paid
administrative leave on October 9th after allegations were brought forward
to City staff by police officers within the Ballwin Police Department.

There is a process covered by Missouri State Statute 106.273 regarding the
investigation of allegations and the removal of a chief law enforcement
officer. Upon placing Chief Schaeffler on leave, the City of Ballwin began
the proceedings to allow due process.

On October 30th, the City of Ballwin hired an outside investigator, Erin
Williams, from Ogletree, Deakins, Nash, Smoak & Stewart to look into the
allegations brought forward.

Ms. Williams began an investigation and interviewed several Ballwin Police
Staff and City staff from October 30th through November 21st.

Ms. Williams found that five allegations brought forward against Chief
Schaeffler were substantiated. Some of those allegations include
violations of written established policy. Things like purchasing alcohol
while on duty and/or in uniform, misuse of the REJIS system to obtain
criminal and traffic information for non-law enforcement purposes, and
harassment, discrimination and/or retaliation concerning the supervision
of department employees. That included creating a culture where the
perception is that subordinate officers are rewarded for consuming alcohol
with the Chief and those that do not are passed over for promotion or feel
that applying is fruitless.

But some of those substantiated allegations found by Ms. Williams were
more serious and violations of Missouri State Statute 106.273, like
operating a City vehicle after consuming alcohol, a violation of 106.273
2b, constituting a reckless disregard for the safety of the public or
another law enforcement officer.

Furthermore, I believe the Chief acted appropriately regarding an (still
open) investigation brought forward by an Alderman against me and a former
City Administrator. Contrary to what was stated in former Chief
Schaeffler�s filing, I welcome a third-party investigation and believe
that�s the correct route to handle any complaints or investigations
regarding any city officials. It is also important to note I, as Mayor, do
not vote in any Board Meeting matters unless there is a tie, as outlined
by Ballwin City Ordinance Article III, Section 2-103.

Since the investigation is ongoing, I cannot comment any further.

Under Missouri State Statute 106.273, the City gave written notice to
Chief Schaeffler ten days before a December 6, 2023, Special Closed
Session Board of Aldermen Meeting. The City also gave written notice to
Chief Schaeffler outlining the charges specifying just cause for which
removal was sought.

The Ballwin Board of Aldermen voted to terminate Ballwin Police Chief Doug
Schaeffler on Wednesday, December 6th by a unanimous vote.

It is disheartening to hear the baseless allegations against the City of
Ballwin from former Chief Schaeffler. We had hoped to move forward as a
City from Schaeffler�s tenure as chief but now are left using taxpayer
money to fight a frivolous lawsuit.

-Mayor Tim Pogue

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