BELLE — Former city clerk Frankie Horstman filed a lawsuit against the city of Belle on March 14 in Maries County’s 25th Circuit Court. She is requesting financial damages following her termination on Jan. 22 from the municipality.

According to the eight-page petition filed on Horstman’s behalf by her attorney, Shelly Ann Kintzel, she is requisitioning to be “reinstated to her position as city clerk with back pay and compensation for lost benefits, and such other relief as the court deems just and proper.”

Horstman demanded a trial by jury on all applicable issues, counts and claims asserted, according to the petition.

The former clerk served 22 years with the city, minus about a year. Horstman alleges Belle aldermen terminated her employment as a “disciplinary action,” by state definition, “for behavior she reported” to both the Maries County Sheriff’s Office and Missouri Attorney General (AG) Andrew Bailey’s Office.

Count One in the petition alleges violations of State Statue 105.055, RSMo.: retaliation for disclosure to Maries County Sheriff.

Horstman allegedly reported suspicions to Maries County Sheriff Chris Heitman on Dec. 18, 2023, that Mayor Daryl White, Jr., was stealing from the city.

She alleged “that behavior from Belle Mayor Daryl White, Jr., was occurring or had occurred and was unlawful or inappropriate.”

Horstman said her data was, “based on reliable information that had been reported to her by others, her observations, statements that (Mayor Daryl White, Jr.,) had made directly to her or that were made in her presence, and on her knowledge that White had been removed from an earlier term as mayor due to similar allegations.”

Horstman’s allegations are supported by a probable cause statement filed on Dec. 21, 2023, by Heitman that alleges, “a source who made the initial report had several witnesses who provided corroborating information.”

According to Horstman, “After she disclosed information to the sheriff, other city employees and aldermen/alderwomen threatened and harassed her and made statements that they knew or suspected that she was the person who reported White.”

At least two aldermen have since made statements in favor of White’s character to Maries County Prosecutor Tony Skouby regarding his Dec. 20, 2023, case.

The petition alleged Horstman’s Jan. 23, 2024, termination “was the result of her disclosure of an alleged prohibited activity under investigation during the investigation into the complaint to the Maries County Sheriff’s Office.”

Count Two of the petition alleges violations of State Statute 105.055, RSMo: retaliation for disclosure to the Attorney General.

Horstman said she received Sunshine Law requests from the Missouri Attorney General’s Office around June 2023 for meeting minutes, agendas, and notices. She notified the mayor and aldermen of the request and timely responded to the request as required. She also informed the board about the Attorney General’s request for documents she didn’t have but was ignored.

During the investigation, Horstman alleges she divulged to the Missouri Attorney General’s Office investigator between June 2023 to present, that “she reasonably believed the city, and/or mayor, and/or aldermen were violating and/or had violated Missouri Sunshine Law.”

Horstman’s report to the AG’s office, “constituted a report to a law enforcement official that she believed the board and mayor was committing or had committed a violation of law or policy” and that she “had a reasonable belief that the behavior she reported was occurring or had occurred and was unlawful or inappropriate, in that it was based on her personal observations and knowledge and on statements that had been made to her or in her presence.”

Further proof of Horstman’s belief was justified when a Dec. 19, 2023, law suit was filed by the AG against the city of Belle, “alleging that the city, specifically Mayor White, had systematically violated the Sunshine Law, and is seeking to impose fines or other penalties on the city.”

According to the petition, the lawsuit was based largely on information that had been disclosed to the Attorney General by Horstman.

Horstman further alleged that she had notified the board of inaccuracies and wrongdoing during her employment and was ridiculed.

She alleged she advised the mayor and/or board that she believed their actions were violations of the Sunshine Law in certain respects, including discussing issues that were not on the agenda and not posting the correct agenda or meeting information on occasions when she was out of office.

When the board was advised of the information, Horstman alleged she was ignored, yelled at, or mocked for raising concern.

After the information was disclosed to the AG, Horstman alleges city employees, the mayor, and board members threatened and harassed her. Eventually, she was no longer allowed to take minutes or attend closed sessions even though it was part of her job duties.

Horstman, an employee of the city since 2002, believes the Belle Board of Aldermen terminated her employment on Jan. 22 as a result of reporting the behavior and participating in the AG’s investigation.

Kintzel alleges her client’s termination violated State State 105.055.3(1), RSMo, “which prohibits a public employer from taking any disciplinary action whatsoever against a public employee for disclosure of any alleged prohibited activity under investigation or any related activity, or for the disclosure of information which the employee reasonably believes evidences the violation, flaw, mismanagement, abuse of authority, violation of policy, and/or wasting public resources.”

As a result of the termination, Horstman suffered and continues to suffer damages, including lost wages and benefits, emotional distress, and injury to her reputation. She is requesting the court enter a judgment in her favor against the city of Belle and award compensatory damages, and litigation costs including reasonable attorney’s fees, post-judgment interest, and such other relief as this court deems just and proper.

Count Three alleges violations of 610.028.3, RSMo: retaliation for disclosure of a Sunshine Law violation.

The Belle Board of Aldermen is a public governmental body as defined by 610.010(4), RSMo.

A public governmental body is prohibited from demoting, firing, suspending, or otherwise disciplining an employee  (610.028.3, RSMo) for making a good faith report of violations of State State 610.010 to 610.03, RSMo (Sunshine Law).

However, Horstman alleges she was terminated because she reported violations of State State 610.101 to 610.030, RSMo, in good faith, to the AG’s Office, as pled in Count Two. As a result of Horstman’s termination from the city, which allegedly violates 610.028.3, RSMo., the Belle Board of Aldermen’s action is void and therefore the former clerk is entitled to be reinstated with back pay and lost benefits from the day of the purported termination.

Horstman again requests to be reinstated to her position along with back pay and benefits.

A summons was issued in Judge William E. Hickle’s 25th Circuit Court on March 15 to be served to the City of Belle at 200 Third St., Belle. As of deadline, Heitman said his office had not been requested to serve the notice.

“My office hasn’t received any paperwork in regard to Frankie Horstman’s law suite against the city of Belle,” he said. “We anticipate receiving it soon. We will serve the city with their lawsuit within 24-hours upon receipt.”

Belle aldermen on March 13 appointed Court Clerk Sherree Burkholder to the city clerk’s position. Mayor Pro Tem James (Pudd) Mitchell said the board was informed by the Missouri Municipal League that they could promote from within without advertising for the position. Mitchell said Monday afternoon that they would be advertising the court clerk’s position soon.

“We are getting ready to put an advertisement in the paper for the court clerk and part-time officer,” Mitchell said.