A Jackson County Circuit Court judge has ruled that the City of Independence can keep secret the agreement paying former Police Chief Adam Dustman, even though records show he has collected at least $82,848.80 through May 16, 2026, despite having no job duties since resigning in August 2025.
Judge Jennifer Phillips found that Independence responded within the legally required time and had three separate legal reasons to withhold the document, according to The Kansas City Star, which had filed suit under Missouri's Sunshine Law seeking the agreement. Phillips reviewed the confidential agreement privately before deciding the case, and her ruling determined the document was not yet a final, executed contract — a status tied to Dustman's classification as an employee in transition, which city records custodian Madeline Rincon told the Star was covered by statutory exemptions for negotiated contracts not fully executed, personnel records, and records tied to governmental legal actions.
Independence spokesperson Sherae Honeycutt has said Dustman is internally classified as an employee in transition — a status that, per the same account, is what keeps the agreement from being considered fully executed. The Star's report notes the city has not disclosed the agreement's end date or what conditions could end it sooner, though the arrangement does have a defined end date and may end sooner if certain conditions are met.
What Taxpayers Can and Cannot See
Under the ruling, taxpayers can see how much Dustman is receiving but cannot examine the terms explaining why he's receiving it. Susanne Holland, Independence's designated records custodian, did not respond to the Star's emailed records request, though Missouri law does not require the custodian to respond personally.
Washington University law professor Gregory Magarian said the unusual arrangement — paying someone classified as an employee after they've stopped working — increases the public's interest in understanding the deal's terms, and he said taxpayers cannot evaluate whether the city struck the right balance between Dustman's privacy and accountability for public spending. Attorney Elad Gross said he had not previously encountered a case of someone classified as an employee after they stopped working.
Eric Weslander, representing the Star in the case, said the newspaper disagrees with the court's conclusions and is considering its next steps. He said a signed settlement agreement between Independence and Dustman should ultimately be made public, and warned that other public bodies could shield separation agreements by classifying departing officials as employees while continuing to pay them. Under that reading, the public may never see the agreement even after Dustman's employment and payments end.
A Pattern Beyond One Chief's Exit
The dispute isn't isolated. The Examiner filed its own separate Sunshine Law lawsuit seeking Dustman's resignation agreement, and reported in August 2026 that Independence also holds an undisclosed separation agreement with retired Deputy Chief Jason Petersen while continuing to pay him. The Examiner has also reported that former Mayor Rory Rowland said the City Council was never informed of or asked to approve any settlement paying Dustman after his resignation — something interim city officials acknowledged was executed directly through the city manager's office.
That governance question has already spilled into a separate legal fight. A lawsuit filed in April 2026 by 25-year police veteran Major Mike Onka, as reported by KCTV, alleges former City Manager Zach Walker entered into the resignation agreement with Dustman in violation of Missouri contract law because it lacked City Council approval.
Allegations of Cover-Ups Preceded the Resignation
Dustman's exit followed serious internal allegations. In an April 2026 lawsuit, Internal Affairs Capt. Billy Pope alleged, according to KCUR, that Dustman crashed a city-owned vehicle while driving under the influence of alcohol, and that city leadership obstructed internal investigations to shield senior officers from accountability. Dustman had taken requested personal leave on May 23, 2025, and resigned effective August 15, 2025, amid a scheduled vote of no confidence by Fraternal Order of Police Lodge 1.
By August 2026, current and former Independence officers had filed at least nine separate lawsuits against the city alleging age discrimination, sex discrimination, retaliatory internal investigations, and hostile work environments under department leadership. Following Dustman's departure and the June 2026 retirements of Deputy Chiefs Jason Petersen and Michelle Sumstad, the city appointed Doug Brinkley as long-term interim police chief while conducting a national search for permanent leadership.
An operational audit of the police department commissioned in late 2025 by Walker reviewed high-speed pursuits and recommended policy overhauls to curb rising liability insurance risks stemming from police crash litigation. Missouri Revised Statutes Section 610.021 allows public bodies to close personnel and litigation records, but subsection (1) specifies that settlement agreements tied to legal actions must be made public upon final disposition or signing unless a court orders them closed — the exact statutory tension now at the center of Independence's ongoing records fights.
