Independence police major alleges secret deal kept ex-chief on payroll in lawsuit
.jpg "Independence police chief Adam Dustman fields questions from the media the day after an officer-involved shooting resulted in the deaths of a woman and child.")
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- Onka alleges an undisclosed resignation agreement kept Dustman on payroll.
- The lawsuit says former City Manager Zach Walker entered an agreement to pay Dustman.
- Onka alleges retaliation after he reported Dustman’s conduct on a trip.
A senior Independence police officer alleges in a civil lawsuit that city leaders struck a secret agreement to keep former Police Chief Adam Dustman on the payroll after his resignation to conceal damaging information.
The petition filed April 28 in Jackson County Circuit Court is one of several lawsuits brought by current officers so far this year. It adds new allegations surrounding an undisclosed resignation agreement that has allowed Dustman to continue receiving pay.
In the lawsuit, Maj. Mike Onka, a 25-year veteran officer, alleges that former City Manager Zach Walker entered into the agreement with Dustman and that the department retaliated against Onka, creating a hostile work environment.
Walker could not be reached for comment. Onka’s attorney, George Kapke Jr., did not respond to requests for comment.
According to the lawsuit, Onka filed an internal affairs complaint against Dustman related to a trip to Washington, D.C. on May 16, 2025. The petition alleged Dustman violated department policy but did not provide details.
Dustman resigned as police chief in August. He continued to be paid as part of a resignation agreement. City officials have not released that agreement, citing public records exemptions.
In the lawsuit, Onka alleged that despite stepping down, Dustman remains employed or paid by the city in a position in the city manager’s office, which the lawsuit alleges violated Missouri laws on contracts and was not subject to city council approval.
Due to the agreement, Dustman can still “take action” against the Police Department employees, according to the lawsuit.
Former city manager Walker entered into the contract and agreed to pay Dustman despite his resignation, “in order to attempt to conceal information known by the Chief of Police which implicated the City Manager in the mismanagement of the Police Department by the Chief of Police,” the petition alleges.
“As a result of this arrangement, the discriminatory and retaliatory conduct of the Chief of Police has not been properly addressed,” according to the filing. “As a result, the Chief remains in a position to influence policy related to the operation of the City and specifically the Police Department.”
Onka was asked to participate in an investigation of a complaint made by Officer Kelley Rupert-Marriott, who was subjected to an internal affairs investigation in retaliation for her directives to Dustman. Rupert-Marriott is currently suing the city as well, the lawsuit said.
Onka provided information to the investigation that said he believed Dustman had violated Rupert-Marriott’s rights under the Police Officers Bill of Rights, according to the filing. After participating in the investigation, the complaint alleges that Dustman stopped sharing information with Onka and others who had made complaints against his command decisions, policy and management of the department.
“Specifically, the Chief of Police would withhold or delay the communication of critical information that Plaintiff needed to provide direction to his officers,” the filing reads.
Because of the information being withheld, the work environment was “drastically altered,” and created a hostile work environment for anyone who had made comments or provided testimony that was critical of Dustman, the petition said.
“The Chief of Police’s actions imposed a form of loyalty test upon the police force leadership and any officer who opposed actions taken by the Chief was excluded from command decisions and communication,” the filing said. “This resulted in a dysfunctional structure that interfered substantially with Plaintiff’s ability to adequately perform his job and further resulted in a fractured and, at times, ineffective police force.”
City officials did not respond to requests for comment on the suit.
Drunk driving allegations
Another lawsuit filed by an Independence Police officer last week alleged an Independence police captain accused city leaders and top department officials of interfering with internal affairs investigations into alleged misconduct, including drinking and driving and a crash involving Dustman.
The lawsuit claimed that the head of internal affairs, Capt. Billy Pope, was restricted from completing investigations into department leaders. The lawsuit alleges that Pope discovered that the internal affairs tracking system used for the department since 2020 contained no investigative files relating to an incident where Dustman allegedly crashed his city patrol vehicle into two mailboxes while allegedly intoxicated in September 2024.
“The City of Independence is aware of the lawsuit filed by Billy Pope and intends to vigorously defend itself against the allegations,” said Madeline Rincon, a spokeswoman for the city, in response to questions regarding the lawsuit. “Due to the pending litigation, we don’t have any further comment at this time.”
This story was originally published May 1, 2026 at 12:57 PM.
