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.
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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:
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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