A circuit court judge was correct to dismiss a lawsuit claiming former Missouri House Speaker Dean Plocher retaliated against a legislative staffer who reported allegations of misconduct, an appeals court ruled on Tuesday.
The reason, Judge Lisa White Hardwick wrote in the unanimous decision, is because Plocher was not former House Clerk Dana Miller’s supervisor and could not fire her or discipline her for speaking out about his alleged wrongdoing.
Plocher may have believed he had power over Miller, Hardwick wrote, but in reality the most he could do was seek a full House vote to remove her — something he never formally attempted.
“…while Plocher may have expressed a desire to supervise, control and remove Miller as chief clerk,” the decision said, “he had no authority to do so.”
The lawsuit was filed by Miller last year accusing Plocher of trying to get her removed from her job after she cooperated with a House Ethics Committee investigation into his attempts to steer an $800,000 software contract for the House around the standard bidding process and revelations that he illegally sought taxpayer reimbursement from the legislature for airfare, hotels and other travel costs already paid for by his campaign.
Plocher denied any wrongdoing, but the allegations sparked a months-long investigation. Though it was ultimately dismissed, the Republican legislator leading the inquiry said Plocher pressured potential witnesses and used his office to obstruct the committee’s work.
An investigator’s report released by the ethics committee detailed how some potential witnesses allegedly refused to speak out of fear Plocher would use his power as speaker to retaliate against them, while others did not appear because Plocher decided who the committee could compel to testify.
The speaker and chief clerk of the House are the two officers of the chamber named in the Missouri Constitution. Both are elected by a majority vote as the chamber reorganizes after an election.
Miller argued that after she reported “what she reasonably believed were violations of the law, rules and/or regulations, and policy; mismanagement; a gross waste of funds; abuse of authority; a waste of public resources; and/or breaches of professional ethical canons,” she was subjected to acts of retaliation and threats of disciplinary action directed against her by Plocher.
She should be considered a whistleblower, her lawsuit argues, because her decision to report alleged misconduct was the motivating factor in Plocher targeting her for retaliation and threatening her employment.
Plocher’s attorneys asserted that Miller’s claims to be a whistleblower fell short because Plocher was not her supervisor and was incapable of taking any disciplinary action against her.
The case was dismissed by a Cole County judge in December. The appeals court upheld the dismissal Tuesday.
“Plocher had no more authority over Miller than any other House member had over her,” Hardwick wrote in the court’s decision.
Miller retired last year after 31 years in state government, including 23 years as a member of the House staff. She was elected chief clerk in 2018 and held that post under four Republican speakers.
Plocher left office last year due to term limits after running unsuccessfully for Missouri secretary of state. He is currently seeking a judicial appointment in St. Louis County.
