Gregory Hamel-g S?en?qulhrE, County 517 Court Street, (Room 308 Weiffwill?, WI 5445 6?1 902 1?800?743?2420 715?743?5278 888-84 743567 (9743?0550) Con?d?nmtr?p Line 715?743?4350 max Friday, October 14, 2016 Law Enforcement Committee Clark County Courthouse 517 Court Street Neillsville, WI 54456 C31 5 (home! (?cam RE: Complaint Against Deputy Travis Boyer Pursuant to Wis. Stat. this letter serves as a formal complaint against Sheriffs Deputy Travis Boyer (?Deputy Boyer?). Clark County Sheriff Gregory Herrick hereby alleges and charges: The Clark County Sheriff?s Of?ce has employed Deputy Boyer as a Full Time Deputy Sheriff-since June 6, 2005. Deputy Boyer is subject to the Department?s rules, regulations and procedures. First Set of Charges - On September 17, 2016, during the evening hours, Deputy Boyer was at a wedding reception in the City ofEau Claire and was drinking an unknown amount of alcohol. During the wedding dance around 10:50 PM the establishment decided to stop serving alcohol to the group. - Deputy Boyer disagreed with the decision to stop serving alcohol not only to him but to the whole wedding party. Deputy Boyer then became argumentative with the manager (Grant) of the bar. He then identi?ed himself as a ?cop?. The manager reported that Deputy Boyer came to the bar several times and said he was a cop and he knew the law. When the manager told him he better go back to school then, Deputy Boyer told him to fuck off. Page 2 After Deputy Boyer was ?cut off? from drinking alcohol, and as other patrons would come to the bar to get drinks, he would try to ?rile them up? in an attempt to get them upset at staff members. It was reported that Deputy Boyer identi?ed himself as a cop to 2 bartenders and the assistant manager. In speaking with a bartender (Megan) she advised that Boyer asked for drinks and when he was told no he advised her that he was a cop and he knew the law. She speci?cally stated that she felt that Deputy Boyer kept telling staff he was a cop in order to try to get more drinks, possibly to intimidate staff into serving him. She also felt that he was trying to upset the crowd because they were not getting drinks. The 2?d bartender (Loren) stated when she denied Deputy Boyer more drinks he became loud and upset with her and advised her that he was a ?fucking cop.? She too advised that it appeared to her that Deputy Boyer was attempting to upset people. She stated that she felt Deputy Boyer felt he was above the law and that they should not tell him no. All staff members, bartenders (Megan and Loren), manager (Grant), assistant manager (Joshua), were able to identify Deputy Boyer by photo?s due to his negative behavior and despite there being 250 to 300 people at the event. They were also able to remember what he was being served for drinks Department rules and regulations provide in relevant part: I. Policy 321.5.2 Ethics SECTION a) a)Using or disclosing one?s status as a member of the Clark County Sheriffs Of?ce in any way that could reasonably be perceived as an attempt to gain influence or authority for non- department business or activity. 1. Deputy Boyer told the staff several times that he was a cop and that he knew the law. SECTION b) The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. I. It was reported by both bartenders that they felt Deputy Boyer continued to advise them he was a cop and should still be served drinks. b) SECTION g) c)Any other failure to abide by the standards of ethical conduct. 1. It was reported that Deputy Boyer was attempting to ?rile? other patrons up in order to get them mad at staff. In doing so creating a hostile environment. Page 3 II. 321.5.9 Conduct SECTION f) a)Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the County. SECTION m) b) Any other on- or off--duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, ef?ciency or morale, or tends to re?ect unfavorably upon this department or its members. a. Deputy Boyer was loud, disorderly, and swearing While at the event. b. It was also reported that Deputy Boyer was attempting to ?rile up? the crowd because staff was no longer serving alcohol. 0. Staff members felt that he was trying to use his position as a cop in order to get served more alcohol. Deputy Boyer?s conduct, as described above, constitutes a breach of the above-quoted Department rules and regulations. Second Set of Charges The Beginning of September 2016 it was brought to our attention by several deputies that the Clark County Law Enforcement Association (CCLEA) was missing $100. The Deputies indicated that Boyer never turned the money in. They also indicated a lack of trust towards Boyer due to the missing money. - On September 13, 2016, Dunn County Sheriff?s Office was asked to assist in an internal investigation into the CCLEA missing a $100 donation and several years of left over steaks being taken and not paid for. - It was reported to this of?ce that at the 2015 Trap shoot held by the CCLEA, Boyer was given $100 dollars from the winning team. That money was never given to the association?s treasurer. In speaking to the treasurer he also advised that for the last 3 to 4 years Boyer ordered the steaks for the golf tournament. After the event any remaining steaks were available to be purchased. Both this year and last year Boyer took steaks but never paid for them. The current year (201. 6) an email was sent out to everyone in the department asking for payment. It wasn?t until after Chief Deputy Hirsch confronted Boyer about the allegations that Boyer paid for the steaks he took for 2016. During the interview by Dunn County Investigators, Boyer seemed to be able to remember things from several year prior with great detail. When they asked him about more recently events that may be incriminating he did not seem to recall those events. Page 4 Department rules and regulations provide in relevant part: I. 321.5.9 Conduct SECTION m) a)Any other on? or of '--duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, ef?ciency or morale, or tends to re?ect unfavorany upon this department or its members. a. Boyer lied to Dunn County investigators and stated he was never given any money during any of the trap shoots. He then said in a second interview that he was given money. That money was either given to the treasurer but could have possibly been used at a bar for tips. This information was not brought forward during the initial interview. b. Dunn County Investigators stated in their conclusion that they question Boyer?s integrity and truthfulness. 11. 3215.9 Conduct SECTION J) a)Attempted or actual theft of department property; misappropriation of misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. a. Boyer did take steaks from the CCLEA golf tournament Without paying for them or several occasions. It wasn?t until after he was spoke to by Chief Deputy Hirsch about paying for the steaks in 2016 that he made payment arraignments for the current year, but denied taking any steaks the prior years. Conclusion Deputy Boyer has had several alcohol related violations as follows January 28, 2007 he was arrested for operating a snowmobile while intoxicated .11. July 30, 2011 Sheriff Greg Herrick received a letter from an anonymous concerned citizen stating that they see Boyer drunk every day at Colby Cheese days, acting like an idiot. More specifically, yelling, swearing, puking, slapping woman on the butt, and stumbling. Page 5 111. October 30, 2011 Sheriff Greg Herrick received a letter from an anonymous concerned citizen stating they wrote the ?rst letter and Boyer?s behavior was still continuing. 1V. December 7, 2012 was involved in an altercation at a strip club in Clark County. Also used the TFME system inappropriately on that occasion. V. September 13, 2016 Deputy Boyer was investigated for theft of $100 and theft of several steaks through the Clark County Law Enforcement Association (CCLEA). VI. September 17, 2016 Deputy Boyer was at a wedding in Claire and was telling several employees at the bar that he was a cop. The employees felt that he was telling them that he was a cop in an attempt to intimidate them into continuing to serve him alcohol. He was also trying to get other patrons mad at staff. Staff felt that he was doing that in order to get the crowd upset, which created a very hostile work environment. There are several inconsistencies with Deputy Boyer?s version of events for the event in Claire. He advised me and wrote in his report that he only told one person he was a cop. When the staff members were interviewed their statements were all similar and advised that Deputy Boyer told them several times ?fucking cop.? There is also some concern that he was ?egging? others on to get upset at staff at the event. In reference to the missing $100, the conclusion from the Dunn County Investigators indicated that they strongly believed that Boyer did in fact take the money. They also indicated that they question his integrity and truthfulness in the matter and his overall character as a person and a police officer. During the 2 separate interviews Boyer did lie about his version of events, initially stating he was never given any money, but then later saying he was given money. 31> The above described incidents constitutejust cause to terminate Deputy Boyer. Based on the foregoing, I respectfully request and recommend that the committee terminate Deputy Boyer. Sincerely, Sheriff rr errick Enclosure