KC police chief made rude gestures, retaliated against officer, lawsuit says

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An ongoing lawsuit against the Kansas City Police Commission alleges that Police Chief Stacy Graves made sexually explicit comments and gestures to a subordinate and retaliated against him after he reported her behavior.

Former Capt. Darrel Bergquist, whose civil lawsuit has been quietly pending in Jackson County Circuit Court for nearly four years, claims that Graves became angry and threatened to discipline him after Graves reported comments she made while working as a major in the department’s human resources department.

At one point, while riding in a car with Bergquist, Graves was stopped by a protester who allegedly said, “I bet (this citizen) has sucked what he deserves…,” according to a 2023 court filing.

In another incident, after she allegedly showed Bergquist a photo of a wounded officer’s tattoo, she reached down to her crotch as if to grab the male genitals and pretended to throw it over her shoulder.

Police Department officials declined to comment on the allegations, citing ongoing litigation and a general process of not commenting to ensure fairness to both parties. The police department would not make Graves available to speak to reporters about the allegations in the lawsuit.

In February, Graves called for “significant” cuts to the department due to budget imbalances. She said the main reasons for the budget shortfall are legal settlements and overtime.

The police department paid $10.9 million in legal settlements last fiscal year.

Bergquist’s lawsuit names the Kansas City Board of Police Commissioners as a defendant.

Bergquist made those complaints to then-Police Chief Rick Smith and several deputy chiefs in February 2021, but no action was taken, documents say.

In March 2021, Bergquist repeated the complaint to another major, who told him the issues would be documented and addressed, documents show.

Graves became angry after hearing the complaints, according to the documents. She allegedly told Bergquist she planned to discipline him and ask him why he overstepped the chain of command and complained to Smith and another major.

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On or about March 5, 2021, Bergquist submitted a memo to a police department major detailing allegations of sexual harassment, sexual and racial discrimination, and discrimination based on his age and disability.

Bergquist left the department on Dec. 31.

Bergquist or his attorney, Kirk Holman, did not respond to requests for comment on the case. The Star Tribune attempted to contact Bergquist and his attorney at least four times by phone and at Holman’s office and Bergquist’s residence to respond to the allegations in the lawsuit.

A court hearing on the lawsuit is scheduled for April.

A 2023 court filing includes multiple examples of what Graves described as sexually explicit comments and gestures.

The document contains multiple instances of redacted names, but one redacted name is preceded by the title “Professional.” The document states that Bergquist heard numerous comments of a sexual nature.

Court documents contain other examples of similar accusations. That included Graves and another employee joking about Bergquist’s genitals, Graves showing photos of himself in a bikini on his phone and joking about his sex life, including asking him if he slept with co-workers, the petition said.

Suspected of retaliation

After Bergquist filed his complaint, the police department hired an attorney to investigate the allegations. Both Bergquist and Graves were transferred to different departments during the investigation, the lawsuit states.

In June 2021, the investigation concluded with the finding that “no further action was necessary,” documents show. Graves and a non-law enforcement officer have since filed internal complaints against Bergquist and the police department, the petition states.

Graves said in the complaint filed in late June 2021 that being placed on special assignment during the investigation could have an impact on her future career development. Part of her complaint is contained in various documents throughout the case.

“Each time the commander’s list was issued, others were reminded that I was on a special assignment because my name had the scarlet ‘S/A’ in front of it,” Graves said in the complaint, according to court records.

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Graves was appointed police chief about 18 months after the complaint was filed.

Bergquist then learned that his transition from human resources to research and development would be permanent. The move will impact his ability to accrue compensatory time, retirement pay, rank pay and future employability upon retirement from the police force, court records show.

“He felt he had done something wrong and was the subject of an investigation because he was transferred, ordered to clean out his office and turn over the keys, and was treated as a suspect,” the document reads.

Bergquist said he was later disciplined for complaining about parking in a handicap space. The complaint was initially made by a citizen but was later traced to a co-worker who received photos of the vehicle.

The second complaint alleges that Bergquist was not wearing a uniform but was wearing sweatpants, a badge around his neck, a tray of drinks and his gun holster “dangling on the side of his hip.”

His firearm was unsafely holstered, the complaint states.

According to court records, the item was made by Graves’ husband, then-Capt. Daniel Graves. Daniel Graves retired from the police force in December 2023. Graves reported the incident at the time, but a formal report was not compiled until a month later in March 2022. Bergquist was not notified of the report until May 2022.

These concerns were raised by Daniel Graves during the discovery process of the lawsuit.

The Star Tribune attempted to contact Daniel Graves through the police department’s media unit because he is married to the police chief, but they declined, citing ongoing litigation.

Department response to lawsuit

Court documents filed by attorneys representing the Kansas City Board of Police Commissioners deny the allegations and offer a different account of events.

In a motion for summary judgment, attorneys for the police department cited Bergquist’s employment history, which showed he had worked in at least nine different department units during his nearly 30 years with KCPD.

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The petition states that former Police Chief Rick Smith decided not to promote Bergquist to major after his law license was revoked for unpaid taxes.

“After meeting with the deputy chief to discuss possible promotions, including a potential promotion to Capt. Bergquist sometime in 2018 or 2019, Chief Smith learned that Bergquist’s law license was suspended for nonpayment of taxes,” court records state.

“Using his own judgment and discretion, Chief Smith concluded that the promotion of Capt. Bergquist was inappropriate due to his failure to pay taxes, which constituted a legal offense and raised potential ethical issues. Additionally, Chief Smith cannot support the promotion of an individual who failed to meet his tax obligations in an organization funded with taxpayer funds.”

Bergquist’s law license is currently in good standing with the Missouri State Bar. It’s unclear whether he is now working as an attorney after leaving the department.

The document also cited Bergquist’s disciplinary record, including a letter of reprimand he received in 2003 for sending sexually explicit text messages to school employees. It also states that Graves discussed concerns with Bergquist the day before he filed a harassment and retaliation complaint with the department.

Before Bergquist filed his complaint, a civilian employee in the human resources department told Graves that he was concerned about what the employee described as “inappropriate comments” by Bergquist, the documents said.

The comments, contained in a separate document, raised concerns about morale and treatment within the department. The employee wrote that the comments may have been a “rant” but should not be said to subordinates.

Graves told Bergquist she would email him a list of questions about the comments and expected a response the next day, the petition said.

Documents from the Kansas City Board of Police Commissioners, which oversees the Kansas City Police Department, show it approved an additional $210,000 in legal fees for 2024.

In 2025, the Police Commission voted to allow its attorneys to negotiate a possible settlement with Bergquist for an undisclosed amount.

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