1 - 2900 Hoover Road. Suite A FIRST LAW R0 PSC Stevens Point. Wisconsm 54481?5678 A Limited Liability Service Corporation E-rnail binder@firstlawgroup.com Jenifer D. Binder Vicki C. Neumueller Attorney at Law Legal Assistant July 13? 2016 VIA EMAIL ONLY Jacob C. Brunette CONFIDENTIAL AND Clark County Corporation Counsel ATTORNEY-CLIENT PRIVILEGED 517 Court Street, Room 206 Neillsville, WI 54456 REPORT Internal Investigation of Hiring Process for Clark County Sheriff Deputy Lee Lech INVESTIGATION PROCESS Jacob C. Brunette July 13, 2016 Page 2 ol? 1 1 SUMMARY OF RELEVANT FACTS Based on my investigation, the following is a summary 01? relevant facts related to my investigation: The Clark County Civil Service System for Law Enforcement-Classi?ed ordinance?) applies to the appointment of deputy sheriffs within the Clark County Sheriff?s Of?ce (?Sherifl?s excluding the positions of reserve deputy sheriff and the sheriff. This ordinance is administered by the Clark County Law Enforcement and Management Committee (?Committee?). The CS ordinance outlines the application and examination process for selecting and appointing the County?s deputy \?d?lg-aps 1 WM 0 1?0022 Jacob C. Brunette July 13, 2016 Page 3 of 1 1 sheriffs and the other applicable law enforcement positions. Under the Applications section of the CS ordinance, the Committee and the open position's supervisor Chief Deputy 01' Captain) are to certify the applicants that meet the minimum quali?cations outlined in the CS ordinance [the CS ordinance cross?references the qualifications listed in Wisconsin Administrative Code provisions issued by the Law Enforcement Standards Board and the Wisconsin Statutes]. This section of the CS ordinance further provides that the Committee and supervisor may refuse to examine a candidate, certify a candidate, or may remove a candidate from certi?cation who, among other things, has: a) intentionally made a false statement of any material fact, or omits pertinent information; or b) has practiced or attempted to practice any deception or fraud in his application, certi?cation, examination or in securing his eligibility 01' appointment. 2. The selection process under the CS ordinance also includes provisions for written and oral examinations of the quali?ed applicants for the deputy sheriffpositions. The examination process includes a requirement that the Sheriff?s Of?ce conduct a background investigation to determine the character and reputation of the applicant, which may include a Sheriff?s Of?ce designee observing the oral interviews. Clark County?s procedures require that a background investigation he completed before the conditional offer of employment is made. 3. The examination process includes oral interviews with a rating evaluation to evaluate the personal characteristics and qualificatiOns of the applicant, the ability of the applicant to communicate, the personality of the applicant, the alertness of the applicant and the judgment of the applicant. The interview responses are rated by each of the examiners involved in the oral interview process. The examiners also rate the quali?ed applicants for their prior education, training and experience. Each of the qualified applicants receives an overall rating by each examiner. Each candidate is given an overall rating based on the written examination, oral interview and previous education, training and experience. 4. For the appointment process, the Committee then certifies to the Sheriff the names of at least three candidates ranking highest on the eligible list for purposes of filling a vacancy in the deputy sheriff position(s) within the Sherist Office. The Sheriff then makes the appointment from the list of applicants who are certified as eligible by the Committee. The appointments are conditioned upon the completion of pie-employment testing as outlined in the CS ordinance. S. Lee Lech (?Lech?) applied for a part-time reserve deputy position with the Sheri it"s Of?ce on October 2, 2014. As a part of this application process, he completed the LES application for employment form for officers. in the application form, he referenced his employment as a deputy for the Oneida County Sheriff" office (from March, 2006 through September, 2014) and indicated as reason for leaving: OTHER His application also included his resume and the LES personal history interview form. On this form, he indicated under the ?Employment History" section Jacob C. Brunette July 13, 2016 Page 4 of 1 1 (related to his employment with the Oneida County Sheriff?s Of?ce): ?Left to pursue other career options?. He listed his supervisor?s name with Oneida County as Chief Deputy Dan Hess and provided his telephone number and indicated that Chief Hess could be contacted. He also indicated on this form and his resume that he had been employed by the WoodruffPoliee Department as boat patrol officer from May, 2000 through September, 2000. On the personal history form, he also listed Clayton Kreitlow (?Kreitlow?) as a law cnfomement reference, indicating that he knew Kreitlow personally, and that Kreitlow had personal knowledge of him. 6. Leeh?s personal history also referenced that Kreitlow had completed Clark County?s background investigation on Lech on November 1, 2014. The LES forms included in his personnel file indicate that a Sheriff?s Office deputy had completed the LES 303 apphcanon. 7. Based on the notes in Lech?s personnel ?le, he had ?no criminal history" and a ?clean driving record.? The file also includes several Background Investigation PersonaUSocial Reference Reports for various individuals who were contacted related to the background investigation. Based on the notes and reports, four individuals were contacted who previously worked with Lech and were asked speci?c questions regarding his background. Each of these reference reports was positive. 3. lClark Coonty?s personnel file for Lech also includes an undated document entitled, ?Background on Lee A. Lech? prepared by Kreitlow. This document includes Ki'eitlow?s summaries of the discussions he had with each of Leeh's references on October 23 October 30, 2014. One of these summaries references a meeting Kreitlow had with Sheriff Grady Hartman and Chief Deputy Dan Hess ofthe Oneida County Sheriff?s office in Rhinelander. Kreitlow indicated in this summary that he was able to look through Lech?s personnel ?le alter giving release authorization to Hess. He mentioned that there were no negative entries found in the ?le, but there were numerous positive citations and letters of commendation. He referenced that Lech was employed by Oneida County for approximately eight and a half years and did extensive work in the drug unit and bomb squad after receiving specialized training. He also references a community police officer assignment and forensic training in electronics and data retrieval. Finally, he mentions that Lech was involved in the promotion cycle for a sergeant position before resigning from Oneida County. His summary does not reference any sexual allegations against Lech during his employment. 9. Oneida County?s personnel file for Lech includes numerous positive citations and letters of commendation related to his work performance but also includes the following (which are not referenced in Kreitlow?s background summaries): a) a citizen complaint, dated July 30, 2007 against Lech and other assisting of?cers alleging excessive force related to an 0W1 arrest blood draw on April 14, 2007; b) an investigation report, dated March 1 1, 2009, regarding a possible rule violation related to an underage drinking arrest on April 14, 2008; and c) an investigation report, dated March 5, 2013, regarding a possible rule ??g-ans 7116191100221044DOC Jacob C. Brunette .luly 13, 2016 Page 5 of violation of conduct unbecoming of an officer. This related to a verbal complaint by a hotel manager in the Milwaukee area to another deputy regarding Lech fraternizing with a 19-year old waitress at the hotel during a past training seminar at the hotel (dates of training not specified in the report). Lech was not formally disciplined by Oneida County related to these incidents but the reports reference that Lech was given informal verbal warnings by his lieutenant related to underage drinking arrest and the hotel incident. 10. Lech was interviewed for the reserve deputy position in late October, 2014. Based on the documentation in their Clark County personnel files, Kreitlow had previously worked with Lech at the WoodruffPolice Department. Kreitlow artici ated in Lech?s interview but did not rank his interview. 1 1. An article appeared in at least two Northwoods newspapers in mid-October, 2014 regarding Lech?s resignation from the Oneida County Sheriff?s office on September 8, 2014. The article was entitled, ?Deputy?s Resignations Shrouded in Secrecy?. In these articles, reference is made to a public records request by the Lakeland Times to Oneida County for information on Lech, including records ofany investigations, disciplinary action, and complaints involving him. This article further stated that Oneida County Sheriff, Grady Hartman said there were no responsive records regarding disciplinary actions. According to this article, Sheriff Hartman also stated that, based on his application ofthe balancing test for release ofthese records, it was his determination that if any records were responsive to the request, they would not be releasable. 12. This refusal ultimately resulted in a lawsuit filed by the Lakeland Printing Company, Inc, dba The Lakeland Times against the Oneida County Sheriff?s Office, the Sheriff and various department heads within Oneida County in 2015. As a result of the ruling in this case, Oneida County released redacted internal investigation records to Lakeland Times which include statements by a female Oneida County Sheriff" office employee accusing him of sexually assaulting her in 201 1 during a training seminar in Milwaukee, Wisconsin. These records appear to have been released sometime in May, 2016. 13. Clark County did not have copies or knowledge ofthesc records prior to its hiring of Lech for the 14. In a letter dated November 14, 2014, Lech was offered a deputy position with the Sheriff?s Office Reserve Division. llis start date was November 20, 2014. 15. On November 19, 2014, an employee ofthe Clark County Sheriff?s office received a JOU PM) I ZZUW (1 [9 0103 ?31 [(112111q031 110 1101118011 0111 .1011 p0mo1A101u1 0H 0011121111110 Sf) 0111 111 11011111110 90111111001111.0118 .101 98000111 u0110010s 0111 1131101111 03 01 110.1111b01 312/111 011 001110 8111110118 0111 u11111m 1101118011 A111d0p 011111-1111} 12 .1011 13011111112 11001 ?9103 ?.&.1121111121 111 11 010111011 111110113 01 1110s 813M 1112u10 17103 ?61 .IOQUJOAON 011111 11001 01 01312111 sum 1110111 111d1u0?10 101110 19110111111100 0111 0.10110c1 [(1100111) 11001 p11121111011g A1111103 121110110 0111 111011 01 p0>11121 111211 11011101 1 1111110113 11011011011 011 111112 11001 1111M M01A101111 0111 $111111p p03301pp12 SUM 101112111 81111 p0/\0110q 011 112111 <81111120111111 11121110 3100/(01111110 [(1111101) )111213 0111 01 111 11121110 u13 11108 11031111101113 ?17103 ?61 .IOQLUOAON 11() '91 17103 ?01 110 11051111101113 01 11121110 119 111 11011011110110 S1111 p0p1/101d 001(01111110 211111103 11121;) 01111, '00/(01111110 :(1111103 >111213 0111 01 p0?0A110010u sum 11011011110110 221111110 90.11108 0111? 11011 1111111 x05 111211 111112 3110111111) 1110 0113111011 p10 .1120K 61 13 >1001 011 511111111211 111 sum 11001 01111,? 112111 13011011110111 1011120 0111 ?11121111 1111201 0111 01 11011111101 10,1011 1.11111 3111091111 1101021008113 110011 0.111111 0111011 112111 pun 1111201 q1110q 0111 1110.11 1100130101 513.11 11001 112111 01112111 0510 512m 11011110W 11101110111 130113101 0111 001113 >110,? 01 >1012q 1100q 1011 131-311 111031128 011211101 12 111112 1101131801 111211 11001 112111 11011011110111 08113 1001110 01111. ?001110 112111 01 11111101111110p 0q 111110111 113111 1011111100 011109 .1011 13010111111101 011 01 7311101} 011 0sm200q 001110 ?10110?) 121110110 1110.11 1301181301 [(11110001 111211 11001 111111 1101120111111 101111111 011 '1u01111.112d0(1 00110(1 11111.1p00/1A 0111 112101110301 p0>110111 111211 11.112 511110111 11008 0.10m 11001 111112 11110111001 112111 00,(01d1110 S1111 p101 1001110 011111 1101111 sum 11001 0101011 11011011101 0q p111011s 1101112111101111 0111 112111 1101 11161 ?s110111/(1101112 1111211101 01 1101111211 1001110 81111 11001 ?10 81111111 112111101011 0111 811113112801 120.112 0111 111 1001110 1011101113 1110.11 11120 01101111 1 1 ?10 1) 081211 910z ?11 $1111 01101111111 1100121 Jacob C. Brunette July 13. 2016 Page 7 of 1 1 20.? 21. After these interviews in February, 2016, the Committee submitted live candidates to Ilcrrick based on the rating system in the CS ordinance. Lech was the third candidate recommended based on his rating. The candidates were submitted for two open patrol deputy positions within the Sheriff?s Office. 22. In February, 2016, Sheriffllerrick selected Lech for one ofthe open patrol deputy positions. Based on the personnel file provide, Lech was promoted to this position on March 1, 2016. 23. On or about May 19, 2016, Jonathan Anderson, a reporter with USA contacted SheriffHerrick, Chiefllirsch, and Clark County Corporation Counsel Jacob Brunette. advising them that the Oneida County Sheriff?s of?ce told him that the Clark County investigator who conducted the background investigation on Lech was made aware of sexual assault allegations against Lech while he was employed by the Oneida County Sheriff?s Office. 24. On May 20, 2016, Mr. Brunette received an email from Anderson which included Oneida County Sheriff, Grady Hartman?s response to a list ofquestions Anderson had presented to him via email. 111 this email, Sheriffllartman stated as follows: Chic/Deputy Dan Hess and I met with the Clark County background investigator. I informed hitn there was a serious sexual assault allegation made against Lech, and that Lech abruptly resigned. I advised the Clark (.?ounty background investigator that my advice was not to hire Lech. 25.? 26_ 0414.1)00 Jacob (7. Brunette July 1.12010 Page 8 01' 1 27. Kreitluw retired l'rom his employment effective June It 201 28. Leeh resigned turn his ernpluyrnent el't?eetive May ROM). Jacob July 13,2016 l?agc 1) ul? 1 Jacob July 13.2016 Page 10 ol? 11 7( ICN Based on the above infm'matim), I would the {bllowing related to the (?ounly?s hiring process for shcril't'dcpulics: .lueoh C. Brunette July 13, 2016 Page II 01" I Sincerely, FIRST LAW GROUP A lumlul empnrulun? 1/ Jenifer I): Binder .H)szn In