A temporary restraining order has been issued against former Pevely Police Chief Alan Eickhoff, barring him from communicating with members of the Police Department in their official capacity.
The order was issued Monday by Jefferson County Div. 6 Circuit Judge Troy Cardona.
Pevely sought the restraining order after Eickhoff sent a letter to Pevely Police officers after his employment was terminated in early September.
Before his departure, he signed a settlement agreement that included a confidentiality clause.
As part of its petition for the temporary restraining order, the city of Pevely is seeking $85,000 in damages from Eickhoff, which was the amount of the severance package he received when he left the city. The package included a year’s worth of pay, which was $80,000, and benefits.
He also was to receive unused and accrued vacation, and he was to be provided medical coverage through September, according to the agreement.
The agreement also said Eickhoff agreed he would not sue the city or its employees or other agents.
In the letter Eickhoff sent to his former officers to explain his departure and to tell them goodbye, he contradicts Pevely Mayor Stephanie Haas, who told a Leader reporter that Eickhoff had retired in September after talking to her the previous month about the possibility of retirement.
Eickhoff said that characterization was false.
“First, I never had a discussion with her or the council in August or anytime about retiring,” he said in the letter. “In fact, it was well known that I was waiting to hear about the extension on my contract that had expired in June.”
Eickhoff also said in the letter that city attorney Bob Sweeney informed him on Aug. 31 that his employment was no longer needed.
According to Eickhoff, Sweeney told him, “the council and Mayor Haas were going to take the Police Department in a different direction and it does not include you.”
Then, Sweeney reportedly told Eickhoff to “leave the building immediately,” Eickhoff said.
Haas did not return calls for comment, and attorney Allison Sweeney, who also represents the city, said she could not comment about Eickhoff’s departure because of the confidentiality agreement.
When called to elaborate about the information in the letter, Eickhoff said he could not comment because of the confidentiality agreement he signed with the city
Through a Sunshine Law request, the Leader acquired a copy of the letter Eickhoff sent officers, as well as a copy of the “settlement agreement, resignation and release” document the city and Eickhoff reached upon his departure from the Police Department.
According to that document, also called a “Release, Waiver and Non-Disclosure Agreement” and signed by Eickhoff on Sept. 3, “the employer presented sufficient information to warrant discharge of employee from his employment with the city.”
The document also says that Eickhoff acknowledged that the intent of the agreement was for the city to obtain “final peace, satisfaction and protection from any and all liability from the matters that have arisen during your employment.”
Allegations against Eickhoff
The Sweeney Law Firm issued a written statement on behalf of Pevely on Tuesday that said Eickhoff violated the separation agreement by sending his letter to the officers.
The statement said the city sought the temporary restraining order to preserve the professionalism of the Police Department and to enforce the terms of the separation agreement.
“Forcing the city’s hand to enter into litigation, Mr. Eickhoff has created a distraction and a disruption in the operation of the department, putting the public and officers at risk,” according to the statement.
The petition for the temporary restraining order states that “although the city believed (Eickhoff) was not competently running the police department, the city did not want to draw negative attention to the department and publicly broadcast the department’s shortcomings. After meeting with (Eickhoff) to discuss the shortcomings within the department, listening to (Eickhoff’s) explanation, and then further investigating those responses, the board determined (Eickhoff) was not capable of competently leading the department.”
After the meeting with Eickhoff, the Board of Aldermen unanimously voted to fire Eickhoff, but “determined that it was in the best interest of the department, and the public, to offer (Eickhoff) a severance and an opportunity to resign instead of publicly removing him.”
The following are some of the allegations against Eickhoff listed in the petition for the restraining order:
■ Eickhoff “made several misrepresentations, including, but not limited to, his involvement in the hiring/firing and disciplinary actions taken pertaining to specific officers.”
■ He represented to the Board of Aldermen “multiple times that he alone handled disciplinary matters within the department,” and the board determined these assertions were not accurate.
■ He made “misrepresentations regarding the disciplinary actions taken regarding specific officers.”
■ His failure to properly discipline/re-train officers “puts the public at risk and creates an immediate safety issue.”
■ He should have kept board members advised of serious disciplinary actions.
The petition also refers to an incident involving a member of the public who contacted the mayor for help regarding a policing issue and Eickhoff “was unable or unwilling to respond to the mayor with a solution to the issue.”
The city of Pevely has hired Mark Glenn, chief of the Washington University Police Department, to take over as police chief beginning Nov. 29.
Until then, Pevely Police Capt. Larry Miller and Lt. Greg Long are leading the department.