Ex-chief's investigation still in limbo

PERRYVILLE, Mo. -- Eight months ago, a Perryville Police Department employee lodged a complaint about former chief Keith Tarrillion's professional conduct, prompting the city to hire a retired Secret Service agent to investigate.

Nearly seven months ago, after that agent's investigation raised questions about the legitimacy of a police report about property damage at Tarrillion's home, the Missouri State Highway Patrol began investigating whether Tarrillion had broken any laws.

Today, the status of that investigation is unclear.

"I don't know where the investigation is. I don't know who has it," Perryville city attorney Thomas Ludwig said last week.

Tarrillion declined to discuss the case publicly, citing legal concerns, but said he hasn't heard from the patrol in months and doesn't know the status of the investigation.

The 23-year law enforcement veteran resigned from the department March 13 after the city accused him of improperly filing a police report on vandalism to a hot tub and a table at his home, for which his insurance company eventually reimbursed him more than $5,000.

The Missouri State Highway Patrol investigated after questions arose about the legality of that report.

In a public statement issued March 28, Tarrillion said he provided the narrative for the report, but the practice was "neither illegal nor uncommon."

In March, the Southeast Missourian filed an open-records request for documents related to the investigation. Tarrillion's attorney, Frank C. "Trae" Bertrand, asked Circuit Judge Benjamin Lewis for an injunction blocking the release of the documents.

Lewis gave the city permission to release some of the documents, but he said under the Missouri Sunshine Law, a report by Paul Nenninger, the retired Secret Service agent the city hired to look into the allegations against Tarrillion, includes potential criminal liability and must remain a closed record until the investigation becomes inactive.

By the end of last week, the Missouri State Highway Patrol had not confirmed the status of the investigation. A spokesman for the patrol said he was unfamiliar with the case and would have to research it.

The outcome of the investigation could affect how much the city spends on Tarrillion's salary and benefits.

Under a memorandum of understanding with Tarrillion, the city must pay him until his term expires April 1 unless he finds other employment or is charged with a crime related to the investigation.

If he is charged, his pay and benefits will cease. If he is convicted, he will have to pay back the money he received since his resignation. If he is acquitted, the city will owe him back pay.

If Tarrillion secures other employment, his pay and benefits from the city will be reduced by the amount he earns at his new job.

The city could be out more than $83,000 by the end of Tarrillion's term if he receives his full pay and benefits for the entire time.

Tarrillion's status as an elected official influenced the city's handling of his resignation, Ludwig said in April.

"It was handled the way it was because it was an elected position," he said.

Because Perryville is organized as a fourth-class city, it must elect a city marshal to serve as chief unless voters choose to make the chief's role an appointed position.

While appointed officials can be fired, elected officials cannot be removed from their positions without formal impeachment proceedings.

At the recommendation of a citizens advisory committee, Perryville's board of aldermen recently enacted an ordinance that will put the chief selection process on the ballot for the Nov. 5 election.

If voters approve the measure, the board could begin searching for a new chief after the election, Perryville Mayor Debbie Gahan has said. If they reject it, Lt. Direk Hunt, who has served as interim chief for several months, will continue to serve in that role until Tarrillion's term expires in April.

The board also is considering changes to the job's qualifications.

The current ordinance requires only that the chief be at least 21 years old, live in the city at least a year and have a minimum of 120 hours of police training -- a fraction of the training patrol officers are required in a community the size of Perryville, Gahan and city administrator Brent Buerck have said.

Regardless of the election's outcome, those requirements need to be updated, alderman Prince Hudson said at an Aug. 6 board meeting.

"Either way, we'll at least do something to raise the qualifications," he said.

epriddy@semissourian.com

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Perryville, MO