A lawsuit stemming from a whistleblower complaint filed in Platte Woods by a former part-time police officer has been removed to federal court.
The suit, filed Tuesday, May 19 in Platte County Circuit Court, seeks damages for alleged retaliation by city officials against the whistleblower, Robert S. Cutler. Cutler seeks relief from the City of Platte Woods, Platte Woods mayor John Smedley — who easily won re-election to his seat earlier this month — and Platte Woods chief of police Jim Kerns. The case, initially assigned for a hearing in September with judge James Van Amburg, was transferred to the federal court on Wednesday, June 3.
The suit arose after a letter of complaint from unnamed city employees was sent to Smedley and the board of aldermen in September 2019, alleging misconduct by both Smedley and Kerns. The unsigned five page letter was supported by an additional document detailing a total of 180 allegations of mismanagement.
In December, the Citizen spoke to Smedley about the claims. He said the complaint was taken seriously and investigated, then discussed by the board of aldermen in November. The city considered the matter closed, but Cutler and other whistleblowers took the complaint to the Missouri Attorney General.
Shortly after, Cutler says he was terminated from the Platte Woods Police Department, with the city citing “ongoing concerns about judgement.” Cutler believes his termination was retaliatory, but sought to formalize a separation agreement allowing him to pursue other law enforcement jobs.
Cutler says in the suit that despite this agreement, Cutler’s separation from the city was reported to the Missouri Peace Officer Standards and Training (POST) program as due to “complaints of intimidation, including an alleged Fourth Amendment violation.”
The 26-page suit alleges eight counts against the city, mayor and chief and asks for a jury trial. Cutler seeks injunctive relief requiring removal and correction of the POST statement and seeks protection under the Whistleblower Protection Act. The suit asks for an award of actual and compensatory damages, punitive damages, statutory damages including penalties and liquidated damages, injunctive relief and his costs and attorneys fees.
According to the whistleblowers, Kerns has a side business as a bookkeeper, which takes up a substantial amount of time during on-duty hours. He also has a position with a fraternal organization that takes up his on-duty time. The officers say the requirements of modern policing have evolved beyond the chief’s capabilities and he does not observe the standard operating procedures of the department.
In the letter of complaint, the whistleblowers name Kerns and several other officers, alleging inappropriate conduct, mismanagement, preferential treatment and disregard for officer safety and procedure. The letter includes 12 general areas of concern, including failure to prosecute an assault case, forcing staff to use a police vehicle without proper lighting, mismanagement of expenses related to gasoline purchases, improper handling of evidence, cronyism and more.
In the supplemental paperwork, officers said records were not kept up to date and Lake Waukomis reports were inaccurate. Lake Waukomis did not renew its agreement for police services with Platte Woods late last year.