13J

IN T}IIi CIRCUIT COURT OF"II1FI.'EI{SON COTJNTY 23TII JUDICIAL CIRCTII'I STATB OF MISSOURI
REBECCA MOSS. Plaintiff,
.r

E-CC0o7 s6

RY TRIAL. DEMAND I1t)

I"HII CITY OF ARNOLD.

Cause No.

Division
Serve Mayor

Ilon Counts at: 2010 Jefl'co Blvd. Arnold, MO 63010

and,

MAI'|FIEW UNREIN, individually and in his official capacity as City Administrator for City of'Arnold.
Servc at:

3400 C'ascade Drive Arnold, MO 63010

and.

WILI-IAM I\4ORIT'Z, individualiy and in his official capacity as Cor"rnty Councilman for thc City of Arnold.
Serve at:

3167 Thcodorc Drive Arnold, MO 63010

I)efcndalrts.

FACTS COMMON TO ALL COUNTS OF I'LAINTIFF'S I'ETITION

Comes Now,

following:

Plaintifl, Rebecca Moss, by and through counsel, and hereby alleges and avers the

l. I'}laintiff. Rebccca Moss, (hereina{ier "Piaintil'1"), is a resident ol'the City of Arnolcl located in
Jcfl'erson County. Missouri.
2.

Del'endant City of Arnold, (hercinafter "Arnolcl"), is a rnunicipal corpgration rvith a principal place of br.rsiuess located on Jeflco Blvd., in the City o1'Arnold, Jellbrson Courily,

Missouri.

Del'endant, Matt Unrein (hereinafter

"unrein"), is a resident of the City of Arnold, Jeffers'n

4.
5.

C'ounty, Missouri.

l)cI'endant, William Moritz. (hereinalier " Moritz"), is a resiclent o1'the City of Arnold, .lefltrson County" Missouri.
Vcnue is proper in the Circuit Court of Jeflerson County. Missouri because Plaintiff was initiall.v" injured by the wrongf'ul acts of tire f)efeuclants in.lefferson County, Missouri.
"I'l-rat

6.
7.

on or about August 29, 2005, Amold hireri Plaintifl'as the Parks ancl Recreations secretarv.

'l'hat Plaintifl'continr"red in hcr employment with Arnold until she was terminated employrnent on Seplember 8. 2010 by []nrein, Amold's city Adrninistrator.

lion

8. 9.

'l'hat Arnold gave the PlaintilTr:o specific l'eason fbr her termination liom employment.
That Arnold's Personnel Policy Manual providcs that any employee who is dismissed in such a n"lanner as to suffor a loss o1'compensation may appeal that action in writing within 10 calender cia-v-s after the el.fective date of the action, process specilically provicles that the process and all documents related to

l0' ThatArnold's appeals

the process shall be held confidential.

11

. l'hat on September i 4, 201A, Plairrti{f made a u,ritten request for an appcal to the Pcrsonnel lJoard of l{eview.

12. 'l'hat Arnold's City Attorney, Itobert

K. Sweeney. gave written aoknowledgment that Plaintiffs Request fbr an appeal to the Personnel Board of Review was timeiy filed.

3.

l'iral on Marcir 1 .2011" Plaintifl made another writtcn request fbr a Personnel Board Review Hcaring since Arnold had not scheduled a hearing over the previous six months.
July 12.2011 , Plaintiff again attempted to schedule the Personnel Board ol lteview I-learing by providing available dates for the hearing to Arnold's City Attorr-rey, Robert K.
Swecney.

14. 'l'lrat on

15. fhat on September 8, 2011, Plaintiff agair attemptcd to schedule her Personncl tsoard Review Flearing by contacting Arnold's city Attorney, Itol:ert K. Sweeney.
16. 'l'hat

of

o11 September 30. 201 1 , Plainlilf provided new available hearing dates fbr thc personncl lloard of Review Fiearing to Arnold's city Attorney, Itobcrt K. sr.veeney.

17. Tlrat on .lanuary 23,2012. PlaintilT contacted Arnold through its Slvceney, to inquire as to the status of the hearing.
I 8.

City attorney, Robert K.

Plaintilf rece ived no response liom Arnolcl's City Attorney. 2012 when Plaintiff receivecl a letter fiom him.

Itobc( K. Sweeney until July 20"

l9' In that lctter. Arnold's City Attorney. Robert K,

Sweeney. indicated that Arpold had a personnel Revierv Board Ilearing scheduled late last year but.,failed to puil it ofp'.

20' 'l'lrat PlaintilTdidn't receive notice of a schecluled Personnel Board of Itevicw Flearing lio,r Arnold or any of its representativcs.

2l"l-lratinhisJtrly20.20121et1er. Arnolcl'sCityAttorneyl{obertl(.Swee,ey.lfcredtoholclthc Personnel Board of t{eview Flearing if the l,Laintifl rvantcd the hearilg.
22' 'l'hal on July 23, 2012, Plaintiff again madc r.vritten request {br her personnel Board I Icaling through a lctter to Arnolcl's city Attourey, Roberr I(. swecney.

of Revicw

23' Arnold has not schcduled a Personnel Boarci o{'Rcvierv Flcaring as requestcd by the, plai.tiff on llLllrerous occasions; and' in accordance rr,,itlr the z\rnolcl's Written Personnel Manucl lrolicy.

24' 'i'hat in Atrgr-rst af 2010. Arnold's Poiice Dcpartmcnt conductecl a criminal investigation allegatiorls made agaiust PlaintifFabout stcaling services lrom Arnolcl.

ilto

25' That Iro criminal chargcs {br stcaling or receiving stolen goods or ser-vices have been filed againsL Plaintifl'.
26 l'hat

Plaintiff hasn't been indicted fbr stealing or receiving stolen gooils or services.

27 'l'hat Plaintilf hasn't pleaded guiltv to stealing orrecciving stolen goods or serviccs norlias shc been convictcd of stealing or recciving stolen goods or scivices.
28 'l'hat the allegcd ilmount in cotttroversy

is approximatcly $ 600.00.

ibr stealing orreceiving stolel services against plaintill'

29. 'l'hal according to Missouri Criminal Lar.v. the of'fense o1'stealin-e over S 500.00 is a Class C
Fclorry.
30 That accorcling

threc ycars fionr the datc ol.theft.

to Misscluri Crirninal Law, the statute of limitations for steali,g.ver $ 500.00 is

31.'fhat thc statute ol'limitations for any of the criminalallcgations made againsr the plaintiff fbr stealing or rec,eivirg storen se^,ices iu, .u,, e ffcctive Auiust 20 r 3.
32' That as a mattcr of law, Plaintiff is not guilty of stealing or receiving stoien g6ods or services since slte was never arrested: chargecl; indicied; convict"ed nor clid she piead g,ilty to a.y of, thcse allcgarions. 33' 'l'hat lJnrein causecl to be published and clisseminarted to the public a staten.]ent in<licating that Plairttift'had becu tcrtninatcd frorn her ernployment rvith Arnold lbr stcaling scrvices and concealing the theli thcreof even though Unrein knew at the tirne of the pub'licatign of his statements that the I)laintiff was never chargecl ,,^,,ith the crime of stcaling serviccs, never receivcd her lloarcl of Review Hcaring ltoni Arnold: that Arnolcl's rvrittJn policy rvas to treat Iloard of Review maltcrs as conflclenlial. and that t.inrein, in his ollicial capacity as the City Administrator lor Arnolcl, authored a september 8, 2010 letter acldressecl to plaintilJ.advising Plaintifrthat all records regarding her Board of Personnel Iteview o,shall be hcld conliclential.,, 34' 'l'hat Moritz' while an acting membcr o1' Arnold's City Council, caused to be published a.cl

disseminatcd to the public a staterxcnt inciicating that Plaintilf had been terminatccl fi.om 6er ctnploymcn't with Arnold ibr stealing services cven thougl, 1'," [pc.w at thc tirne of the publication ol'his statemenls that PlaintilTrvas nevcr chargccl'"vith a crime: neverreccived her I]oard ol'Revicr.r' Hcaring iiclrn Arnold; anci that Arnold's -writtcn policy rvas to treat Board of Ilerricrv matter as,,conlidential.,, 35. t hat Arnold published to the rnedia an investigative report authorecl by l(cvin Garrison that clisclosed confidential information regarciing Plaintifls termination lrom ernployment.

'i6

r.l'as temriuatcd

lhat the information publishecl by Amolcl to the rnedia specilically ilclicated thar the plaintiff lrour her employment r.vith Arnold fbr stealing sewiccs.

I}Y AIINOLD
.i7. 'l'hat Aurold tcrminated l,laintiff's cmployment on September g, 2010.
38.

-l-hall\mold

had ar.vritten policy r,'"'hich grantccl the Plaintiff an appeal to a Board clf Revier,v Ilearing il'l'laintifl'lilcd a rvrittcn request for a Board of Review,iiearing r,r,ithin 10 days ,f Plainriff s ternr ination.
11,

39. l.hat Plaintiff filed a time

rvritren recluest for a Board o{'Review }-lealing with Arnolcl.

I-le

40. 'l'irat Plaintiff has rcpeateclly requcsted a Iloarcl of Revier.r, September 14,2010.
41 ' 'i hat

aripg frorn Arnold since

own rvritten policy.

Arnold has not granted Plaintifl's Request for a Iloard of Reviei.v Hearir1g in violation of its

42' Moreover. Arnold and its agents. Llnrein anrJ Moritz, have brcached the co,fidcntiality portion of Arnold's written policy regarding the Board of l{evicw Hearing process.
43. l'hat Arnold has ilrcrelbre violatcd the plaintifl's ciuc process rights by:

a) h)

lailing to aliow I)laintifl'to

thcrelr.clrn.

be hcard which is an essential right under clue process: and.

f-ailing to keep confidential the Board of Review Proccss and infbrmation derivecl

44. That as a dircct rcsult of Derr:ncia,ts'vioratior of praintiffs cluc- proccss rights trre plaintiff has bccn clamaged financially since slie ]rad lost wages from thc her ernploymelt rvithArnold: accrucd irdditicual cxpenses ibr health insuranci, mileage, maintenzince on her automobile; attorncy lecs and.costs; and been portrayecl to tlie generil public in a false ancl negative light and has becn subject to sirame, hun-riliation anrl alienationio,, fbrmcr friends and associates.

Wherefbrc Plaintiffprays that tl-ris Honorable Court a,.r,ard monL-tary clamagcs against Arnold in exccss of $ 25'000.00 tbr the aforementioncd tl:rmagcs a.s well as punitive clamagcs

and for whatever other remedies that this Court cieems lbir ancl reasonable along with taxable court costs and attornev f-ees.

TTBSPEC'TT'ULLY SUI}MT'I'TED I}Y:

PAUI, F. TIORGAN 41864 ATTOITNEY F'OR THE PLAII{TIF}.' 34 N. I}REN'I'WOOD BI,VD. SUITE 7 CLAYTON, MO 63105 (314) 727_nt[ (314) 7 27 -62s0 FACSTMTLE
H
o

rgan lnwfi rm@)ya

oo.com

45' Plaintiffhereby incorporates by rcference inclividually and singularly as il specifically set l-or1h herein Paragraphs I through 35 of piaintiffs petiriontor Damages sllpra. 46' T'hat Arnold's Personnel Poticy Manual bestows an absolute right to a B.ard of Review Fleari.g fbr a terrnirrated employee ivho has suffered loss of compcnsation if the terminated enrployee files a u'ritten request for a review within 10 calender aflcr thc effective date of the termination.
47 ."L-hat

Arnold terminare<j plaintiffon September g. 2010.

48' ]'hat I'}laintiff made her written rcqlrcst to Amold fbr a Board of Review Heari,g on September 14.2010. 49' 'l'hat Arnold's city Attorney Robert K. Srveeney gave ,,vritten acknowie<lgment to the plaiptill' that she timely filed her request fbr a Boartl of hJview Flearing.
50' T'hat Arnold has trevcr providecl the Plaintiff her Iloarcl of Rcvie\.v Hcaring in breach of the coutractual riglrt of the Plaintiff to receive a Board of Review Hearing gralrtecl to the plai'tili. tlrrough Amoid's persormel policy Manual.
5I

' l'hat as a direct rcsult of Arnol<l's breach of Plaintiffs contraclual right to a Board of Review IIearing. the Plaintiff has been damaged financialll,since she has loit wages from her etnployment with AnTolcl; accrued additiclnal .*p.nr., for health insuranJe, rnileage maintenance on her autornobile; attorucy fecs and costs; anct h.;-;;;;;;;;il 1o thc general public in a fulse light causing her shame, hurniliation and isolation frorn lormer liiends and
assclciates.

wherelbre PlaintitTprays that tltis Honorable Court arvard monetary damages against Arnold in cxcess of $ 25, 000'00 for the albremcntioned clamages as r,vell as punitive damages and fbr wiratever other remedies that this C'ourt deems lbir and*reasonable along with taxable courl costs and attorney fees.

uit,LY sutlMI'I'TED BY:

PAT]L F. IIORGAN 41864 AT'TORNT]Y FOR THE PI,AINTIFF 34 N. BRB'I'NWOOD BLVD. SUITIT 7 CLAYI'ON, M0 63105 (314) 727_1110 (3 | 4) 727 -62s0 FACSTMTLE H o rga n Ian,li rm 6"P.ya h oo. co m

FF'S PTTIVA FACTS BY T]NREIN

52' Plaintiffhereby incorporates by refbrence in<lividually and singularly as if specifically ser forth herein Paragraphs 1 through 35 of praintiff s petirionio, Da,nager rup.u.

53.-fhatArnold's Personnei Policy Manual states: "'I'he appcal and all documcnt.s related to ir considered by the Personnei Board of Review, its findings anrl written decisi6p shall be prornptly filed in the ofhce of thc City Administrator. AII such records shall bc treld confidential."
54' 'l'hat Unrein was the City Administrator on September 14, 20i whep 0 the lrlaintiff timely filcd her appeal to the Personnel Board of Review. 55' That {.}nrein knerv that the Plainti{f hac'l timcly fiiect her appeal and that rhe informatio, surrounding that appeal was to be helc.l confidential 56' l'hat in a Septernber 8, 2010 letter that he sent to the Plaintiff in his oll.rcial capacity as City Administrator fbr Arnold, Unrein stated, in pertinent palt, o'your appeal, anci ail documents relating to it. will be considcreci by the Personnel Board of Review,'its finaings and a written decision shall be prornptly filecl in thc off-rce of the City Adrninistrator. AII such records shall
be held

conlidential (emphasis adtletl).',

57' ]'hat despite his knowledge ol'Amolcl's written policy, Unrein caused to be published on nulrlerous occasicins to the general public that the Plaintiff hacl becn firecl for stealing services and for attenlpting to cover up the allegea theft of services. Tliese statements were made i, late 2012 and early 2013.

58' fhat thc Plaintiffclicl riot consent to Unrein's oral publication of matters related to tlie tcrmination of her employment by Arnolcl in violaiion ol'Amold's personnel poiicy Manual nor did she wail,e hcr right to keep matters co:rl.rdential.
59' That Unrein's publication of these confidential matters causecl shame, hr,rmiiiation and isolation fiom former friends and associates to the PlaintifT as a person of ordinary scnsibilities.

60' fhat

as a direct result o{-IJnrein's invasion

private lzrcts.

facts related to her tcrmination fiom Arnold, Piairitiff hui b".o financially damaged since she has lost wages from her employment with Arnold; accrued additional fcrr health insurance: mileage: autornobile maintenance; attorney fees and costs "*p"nr", ancihas been shunned by fiiends and associates rvho no louger interact with her because of this public disclosure of

oi'Plaintiffs privacy by publicly clisclosing private

Wherefore Plaintilf prays that this honorable Courl anard monetary clamages in excess of $ 25. 000.00as well as punitive damages and for whatever other remeclies this Court tleems fair and rcasonable along with taxable court costs and attorney {bes.

RESPIICTFULLY SUBMITTED BY:

PAU[, T-. IIORGAN 4I864 .{I-TOITNEY FOR'rI{I] PLAINTII?F' 34 N. BRENTWOOD BLVD. SUITE 7 CLAYTON, MO 63105 (314) 727-Lrt\ (314) 727_62s0
[I o rga
n
I

l:,

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arvfi rm (4)],ahoo. co m

61' Piaintiff hereby incorporates by reference inclividuaily and singulariy as il.specifically set 1brth herein Paragraphs I though 35 o{'plaintilfs periti,."for Damages supra.

62'"fhat in lJeccmber 01'2012 ancl.lanuary of 2013, Unrein statecl that the plai,tiff had been terminated from Arnold fbr stealing services erncl attempting to conceal the the theft of the
services.

63'

Unrcin made thesc statements even though at the tirne he made the statements. he knew that the I']laintifl-was never arrestecl for these atleged crimes; ncver charged with these allegeri critnes; never indicted fbr these alieged crimes; nlver convicted ol'thesJallegecl crimes and never pleaded guilty to any of these alleged crimes.

-l'irat

64' Morcover. tltat Unrein macle these statements even though he knew at tile time that he made thesc statcments that the Plaintil'f had timely filed her RJquest for a Hearing tq the Arnold Iloard of Review c-ontesting her employment termination from Arnold; that she had never received her Board of Ileview I'learing: ancl. that the irrformation regar<iing the appeal was to be held confidential pursuant to Arnold's written personnel Manuar policy.
65' Ttrat the alleged alrount in controversy for stealing or receiving stolen services by Arnold against the PIaintilf \.vas approximately $ 600.00.

66' That according to Missouri Criminal Statues that the ofl'ense of stealing over $ 500.00 is a class
O Felony.

67''fhat according to Missouri Criminal Statues, the statute of limitation for stealing over $ 500.00 is three years fiom the date of the theft.
68' That Arnold first accused I'laintilTof theft of services on or about August g. 2010. 69' l'hat the statute of limitations has run with respect to the alleged crirninal acts of August
2010.

of

70' 'l'hat as a matter of lau', Plaintiffis not guilty of stcaling ard or receiving stolen goods or serr.,iccs since she was never arrested; charged; inclictecl: convicted no, Jid she plead guilty to a any ol'these crirninal allegations and since she can no longer be prosecuted for apy of the alleged crimes due to the stature of lirnitations expiring. 7l ' 'fhat Plainti{T has never received her Boarcl of Review Hearing as previously requested Arnold over the last thrce years.

of

72.'l'hat Unrein's allegations r:f criminalconduct by the Plaintiff are slander per se.
73' That as a direct result of ljnrein's slanderous statements rnade about the plaintift. tl-re l)laintilf has been danraged frnancially since she has lost wages fiorn her employmcnt withArlold; accrtted additional expense for health insurance; miieager car maintenance; attorney {bes ald costs and been portrayed to the general public in a false light causing her to sulTer shame,

humiliation and isolation liom former fi-icnds anti associalcs.

f'ees.

Wherefore. Plaintiff prays that this Honorable Court award monctary damages in excess of S 25. 000'00 fbr the afbrementionecl damages as well as punitive damages and for whatever other remedies this couft deems fair ancl reasonable along with taxable corrul costs and attorncv ----'-r

FULLY SUI]MITTED BY:

PATJI, F. IIORGAN 41864 ATTOT{NEY I.'OR TI"IE PT,AINTIFF 34 N. I}RENTWOOD I}I,VD. SUITE 7 CLAYTON, MO 63105 (3r4) 727-1110 (31 4) 7 27 -62s0 FACSIM ILE Ilorgan lavyli rm @yahoo.co m

R\CTS I}Y MORITZ

74' I']laintiffhereby,i*c-orporates by rcfercncc incliviclually ancl si,gularly as if specificalllr set lortlr herei. paragrapl:s r tlrrough p.;,;;ioljnn,rug*s

3i ol.ptainrift,,

suprei.

75

1'hat r\rnolcl's Personnel Policy ManLral states; "1'lie appeal a.il all docu,rents reiated to ir considercd by thc Personnel lloard o1'Revieri; its iinaiigs and writren clccision shall be promptly liled in the of'fice of the city Adrninisrrator. Al] such records shall be held confidential.,,

76"lhat N'foritz \'vas a county council membc-r on scptembcr 14, 2010 when tire plaintiff limely itled her appeal to thc Irersonncl lloard of Revierv.
77

' Tltal Moritz knew that the Plaintifi'timely filcd hcr appcal ancl that the informatio, rcgarding thc appeal was 10 be helcl conficlential.

78' 'I'hat despitc his knowieclge oflArnolcl; policy, in March of 2013, ilzlorirz causecl to .*-r1t19n be published on a blog wcbsite that the Plaintilf had t.",ii.rnrinatecl fiom her e'rployme,t with Anrold for stealing serviccs and atternptinq to concealthe theft o{-thc servicos. 79' That the PlaintilT'clid not consent to N4oritz's rvritten publicatio, ol the co,fidential rnatters rel:rted to her termination of her entployment by Arnolcl nor clici she waive thc confidential nature o1'the appcal lll.ocess. 80' That vloritz's u'ritten irublication o{'thcse confidential rnatters Lrroughr shame; hurniliation; arrd. alienatiott liom fbnler friencis arncl associates to the praintifl.as ru q a person \]vrr of ul \'ILr't' ordinarv [/w1 sensibilities
S

of Plaintill's privacy by publicly disclosing private "fhat lacts rclatcd to her termination lrorlArnolci, Plaintifl'h* b."n financially damage; accrued

as a

direct rcsult of Mortiz's invasion.

additio,al expenses lor health insuranccl mileage: ar-rtomobile maintena,ce; attomey i'ces a,d costs: and has been causcd shatne, humiliation ind isolarion ko,',, former iiiends and associates who tlow no l0nger intcract witlr her duc ro the public disclosure of private fircts.

whereforc-, Plai,tifrprays that this Hcinorable clourt award monetary damagcs in excess of s 25'000'00 as rveil as punitii'c dantarges ancl lor rvhatevcr,ther re,edic.s that this coun decms f-air a,d reas,,abre aro'g with taxable court oosts and attorney fees.

IIESPI,ICTF ULLy

UBMI.I TED By:

dTT'OItNtrY FOI{. TII PI,AINI'I}'F 34 I{. BITENTWOOI} BT,VD. SI]ITE 7

CL,4.Y1'0N, IVIO 63105

(3t4) 727-ttl{)
(3 I

4) 7 27 -62s0 FACS rMILE

Ho rga nlarvfi rrn 6)ya ho

o. co

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82' Plaintiff hereby incorporates by ref'erence incliviclually and si:rgularly as if specifically set forth hercin Paragraphs 1 through 15 of plairrtif?s petition ib. no*rg", ,upru. 83' That in March 2013, Moritz. in a written biog viewable to the public, published a statement indicating that Kcn Moss' sister. (Plaintifl) was cliscovered to liave stoien services and rhe city director repcrrted the matter and she (plaintift) r.vas fireci. 84' 'Ihat Moritz made these statements evcn thollgh at the tirne he made these statements, he knew that thc Plaintiff was never arrestecl lor these ittegeo crimes; rlever chargccl with thesc alleged crimes; never indicted I'or these alleged crimes, niver convicted for thes"e alleged crimes ancl never pleaded guilty to these allegcd crimes. 85' Moreover, that Moritz made these statements evcn though he l<new at the time that he made these statements that the Plaintiff hacl timely filed her reiuest for a Board of Review l-{eari.g to contesting her employment tennirration ti.om Arnold; that she had never receivcd her IJoard o1. Reviei'v I-learing; and, that the information regarcling the appeal was to be held confidential pursuant to Arnold Personne[ ]rcllicy Manual 86' That Moritz was at fault in publishing the statement set lbrth in paragraph g3 of plaintiffls Petition for Darnages supra. 87' 'l'hat the statement published by Moritz terrdccl to expose the plaintiff to shame; humiliaticx.r: colltempt and ridiculc and deprived the Plaintifl'of the bcncfit of public copfidence.
88. l-hat such statement was read by the general public. 89. -l'hat

Plaintiffs reputation was thcreby clamaged.

as a

9o"rhat

direct result of of the publication of the statement described in paragraph g3 PlaintifTs Petition for Damage srrpra. the Plaintiffhas been claniagc in reputaion.

of

9l'

steaiing services: charged with stealing servicesl indicted fbr steaiing services; convicted of stealing services nor had shc pleaded guilty to stealing services; and that she never had received her IJoa[d ol'Review Hearing fiom Arnolct thcreby wlrranting an award of punitive damages .f' not less than $ 750.000.00.

That Moritz's concluct in publishing ol said statement rvas done with reckless disregard for rvhether it was true or {alse at a tinrc when Morilz knew that plaintiff hadn,t been arrestecl

for

Whcrefore. Plaintifl'prays that thi.s Ilonorable Cour:t arvarcl monetary damages in excess o{'$ 25, 000'00 lor the aforemcntictneci damages as well as punitive damage apd for whatever otlter rcmedies that this cor:rt cleems fair zurdieasonable along with taxable court costs and attorney f'ees.