INVESTIGATION REPORT CONFIDENTIAL: Attorney-Client Privilege To; John H. Clemmons, Esq. Law Director CityofFairfield Di I ned FRO Douglas E. Duckett, Esq. Douglas E. $113" Duck ttia "m Duckett 05w SUBJECT: investigation <As would be expected, the issue of who will be the nexl police chief aficr Chief Dickey's long tenure in (ha! role is a mpic of both great attention and conversation within the Police Department. of the five finalists, LL Maynard is Lhe sole internal candidate Chief Dickey alerted the City Manager that these matters were being discussed within the Department, and Mr. charged me to work with Law Director John Clernnions2 to Investigate the events and report what I found to inform his upcoming decision on choosing a new police chief. 'nte events I looked into involved-- - Allegations that men--Officer Steve Maynard expnsed his penis at a party almusl certainly in August 2003 fulluwing the Sacred Heart sh feslnal at which officers had staffed a Fraternal Order of Police dunking honth. Two different incidents are alleged to have occurred there . An allegation that than-Officer Maynard had also exposed his penis otter while walking in public in Washington, D.C. with fellow othters, whu were attending an honorrguaxd in lhat nry, perhaps while going down the steps of either the Capiml or some other rnenional, This was alleged to have token place in either 2004 or 2005, the two years that omner Maynard traveled with the gmup to Washington While this rcpun is addressed to you, Mr Clemrnons, will refer to you in the third person in die rest of the report ror clarity. 11. THE INVESTIGATION AND ISSUES PRESENTED. This investigation began with a meeting on December 18, 2017, between me and City Manager Mark Wendiing, Police Chief Michael Dickey, and Assistant City Manager Greg Mr. Wendling retained my firm to investigate these issues, and we dismissed the events in question and the tactnal background known to that point. We also agreed that Saflh Jones, the City's Human Resources Assistant, would observe the investigation and assist me in the mechanics of the process, such as scheduling and calhng w'lmesses for interviews. Ms. Jones was extremely diligent and helpful at every stage of this process, and I appreciated her assistance and insight, but the conclusions I reach in this report are my own. The investigation involved a series of invesngatory interviews of employees, as set forth below: . January9,201s; Officers . time 11,2018: - January 16, 2018: . -- and Lt. Stephen Maynard. My investigation reveals - distinct incidents involving the conduct of Stephen Maynard which may raise questions about his suitability for the position of police chief. Accordingly, the issues for consideration in nus report are as folluws: A. Did Ofiioer Steve Maynard expose his penis to mworkers on the porch during a party at_ home, and with what effect? B. -- 5, Did Officer Maynard expose his penis publicly in the presence of co--worlrers during an honor guard trip to Washington, 1107 E. What is the relevance to these events to Lt. Maynard's current candidacy for police chief! I will filst offer an executive summary, where I will briefly summarize my main conclusions on each of the issues raised. to the body of this report, I will analyze in greater depth each of the issues and what I lemed during the investigation. I will also offer my ooriclusions on what has happened as well as weighing whether these evmls should he viewed as significant to Lt. Maynard's cut-rent candidacy for the position of police chief. At all times, I respect that the decision on whoni to appoint to this vital position lies with the city Manager alone, and that for reasons that bear no relation to these issues. he may well choose to appoint another candidate. HI. EXECUTIVE SUMMARY. A. nid Officer Steve expose his penis in ctr-workers on the porch during i party at -- henie red with whill efl'ect'.' Maynard then a mi eliee ndrnits that he exposed his penis in Officers -- from porch. He my have eerie so in rise a easing or rig Officels --basically eenfii-rn this account, and that II was is fairly widespread rnnior and joke within the depernnent Neither Officer -inr Office'_ ufl'ended at all, then or now Mr elnirns Ia hnve seen this es well while wsiting for pizza to be delivered, no one else confirms this, and I find not credible. It is obvious that this behnvior was jnvniile, ind unprofessionalmen at in 0H- dnry these were ill felluw ufficm. otheer Maynard's conduct, while foolish and wrong, elenrly was not the land ofunwalmm: sexnsl eondnei ofa severe or pervasive nature that could creme a hosulc work based on sex. c. omeer Maynard expose his penis publicly in the presence of co-worken during an honor trip in whihington, According to the rumor mill in the Police Department, when Officer Maynard accompanied the honor guard detail a conference or couvemion in Washington in the 111111720005, he pulled out his penis while wslkinp drin'Lkenly down Ihe steps or ninjrir building, either the Cnpinil in ii monumcnl. Officer_ 5 cited as the somce, but he says that it did not happen on the This behavior is not only juvenile and vary inappropriate among cc-workers, even when intended as a juke. hut could have constituted the criminal otrense of public indecency if any witness had been ofiended. Given the context and the apparent joking invitation nf odrers Io display his penis, this does not constitute hostile or unwelcome sexual harassment, howeverijusl very poor judgment by a young ls. What is the relevance to these event: to Lt. current candidacy for police chief? would not view Stephen Maynard's immature and foolish choices and actions more than a decade ago be fatal to his candidacy as police chief nuw. People. including police ufficers, can mature and grow. and they can hc hotter and stronger man the worst mistakes they make early in a career. The real issue will he whether Lt Maynard is the strongest othe rive candidates, nol only in his ahihty to lead the department into the future generally bul in making the culture changes needed to clean up behavior and language that could damage the department and officm' careers lflefi unchecked. mi DETAILED ANALYSIS ISSUES. I Will now analyze in greater damn] what I learned the interviews on the key issues that I was askm to investigate and other Issues that arose dunng the investigation. As above, each issue will be addressed in tum. A. Did Officer Steve Maynard expose his penis to Isa-workers on the porch during is party at -- home, and with what The Sacred Heart of Jesus Roman Catholic church in Fairfield holds an annual fundmising festival caeh summer in August One year. the Fraremal Order of Police which rs the union representing pollce officers, sponsored a dunking booth with officers. Afler the fcsuval ended for the evenin a number of these otheers wenl to the thenhome of-- -- As best 1 ea. determine this occurred in August 2003. It is not disputed that when officers were standing on the porch of he ems and exposed n, perhaps aficr being prodded or ream# No are present was offended, then or now That said course airor is immature and very inappropriate. particularly among people he worked wrth. Mr. Maynard had been dunking at the lt was simply a remarkably juvenile prank or embarrassing, and stupii but not hostile or mahcious in lnlent. c. Did orlicer Maynard expose his penis in the pmenee or cit-worker: during an honor guard trip to Washington, One uf the stories that has circulated around the Fairlield Police Department, particularly in recent months, is that when omcer Maynard accompanied officers from the honor guard to a conference or convention in the nation's capital, he walked down the steps of either the Capitol Building or another Washington monument "Wth his junk hanging out" during a night of thinking. Steve Maynard was never part of the honor guard himself, but he confirms that he took vacation twice to go with that group to a convention in Washin h, 11c. in 2004 and 2005. This was within a couple of years of the incident at flhomc and thus took place when Mr. Maynard was still a rather young police ofiicer, both in tenns of his age and his relative look of experience. That is no excuse but a fact onioer confirms that Officer Mayri pn ie peius on one use trips, in a different inanner related above It did not happen at the Capitol or at a major monument with steps, but while a group of officers were walking on the street in the evernn afier di-inltin . ng the small group walking with othcer Maynard and did not see pull his penis out his pants, hut he heard the reaction from the others who were with him (mostly lond laughter and "oh my Godl"--type comments), so he confinns that Officer Maynard did expose his genitals. Lt. Maynard said that he does not remember dating this but does recall on: out l'lg with other officers while in Washington, and he specificahy said that lfmsaid iI happened, it probably did. Lt. Maynard says that he knows that he did not do this on the steps of the Capitol. where rnost of the nininrs circulating in the Police Department place the incident. While otTicer Maynaid had a good deal to drink that night. he did not drink enough to black out. But he admits that this not could constitute public indecency if anyone had seen the incident and been offended, suxcly as much 3 crime in the District of Columbia as it is in Ohio. I conclude that Oflicm' accounl is accumte' at least to the point that then-Officer Maynard exposcd his walking outside somewhere in Washington, DC. This is ohyionsly another extremely juvenile, inappropriate act by anyone, let alone a police onicer who would know that such an act eeuld constitute puhlic indecency. while 1 do not minimize the stupidity involved. 1 also recognize that this took place some twelve to thirteen yenrs ago Mr. Maynard was still a relatively young officer, and by his own someone who "pamcd" fax hander at am stage of his hfe than in recent yems: panicularly new that he is mamed and in management. These were the issues mm wet: presemed imlially when this began, but as often happens, anmher issue during Lhe questioning of a byslander witness. and :s that Issu: final I turn hem. Lt Maynard admits however that he has used the word while interaeting with colleagues on the inter department SWAT team, where he serves as a supervisor. He said that he felt freer to do that with SWAT because "we re all family and know eaeh other and that he therefore knows that no one will be offended in short, he claims that this is merely joking banter arnong known--heterosexual men. This IS a fundamental misjudgmenl on his partrather intense conversation on this point during our interview. First, Lt. Maynard laeks understanding of the elear boundary that slurs like this can never be used in work settings, or otherwise, whatever group he is with. Seeond, how could he possibly know that no one in that work group is gay or lesbianwl' has a gay relative or elose friend, or is otherwise simply appalled by bigoted speech (even when used jokingly) from anyone in any context? Ifa member of the SWAT team were gay and closeted or had a elose friend or relative who ls war, would he or she likely selr iselose to a group of fellow police. officers where the word-is thrown around in that of a ea and disres eetl'ul wa The word-is always an offensive 51 can never be used in a work selling wo ecnnse is inherently eFl'ensive, demeaning, and professionally unacceptable Lt. Mnynard' failure to grasp that pamlfl! least imtil our discussion--demensuates a disturbing laelt of Judgment and perception, at least in this areal Ofall the issues I exnrnined, that exchange gives me the most concern -11 i also note that this is not the only time that Lt. Maynard used language in a thoughtless and careless way. Some Witnesses report that in a meeting with Law Directo discuss testimony at an upcoming hearing involving discipline agninstW inappropriate sexual statements, then--Sgt. Maynard joked with Lt. Colhui-n, who was looking for a chair, telling him that "you can sit on this," referring either to Sgt. Maynard's lap (and presumably his penis) or, in Lt Maynard's account, flipped him the bird and told him you can 5" on this," Either way, this is a juvenile and inappropriate comment with sexual connotatiouk particularly coming from a supervisor in the context of a meeting about disciplining an officer for inappropriate language and statements, Supervisors in particular need to watch their mouths. A question for the City Manager to ponder will be Whether Lt. Maynard has learned this lessun in a reliable way. E. What is the relevance of these events to Lt. Maynard's current candidacy police chief! The City Manager alone will choose the next police chief, not me and not the Law Director. The city Manager did ask for me to share my views, however, whether this investigation uncovered facts or events that would make selecting Stephen Maynard to be the next police chief of Fairfield inappropriate or unwise. With regard to the events that tools place in the prevlous decade. I do not believe that to be the case. if Lt. Maynard is not appointed as Ihe next police chief, those events should not determine that decision, in my view, To elaborate, Officer Maynard's immature actions in displaying his penis to coworkers well over a decade ago were not assaultive or hostile in any way. As noted shove, however, his acucm were immature, stupid, and obviously inappropriate. In our intemew, Lt. Maynard made a peisuasivc case that he was then a young, inexperienced, and somewhat foolish othcer, as well as a single man who was a rather hard panic: at that time--but thal he is nol that man or officer tnday. None ofus would wish to have our lives and careers measured by our worst decisions in our young adulthood, and his point here is persuasive. Accordingly, I would not find those foolish actiuris from Ihe 20005 fatal to his Candi I am significantly more concerned about his more recent and ilippant use or the word among colleagues with whom he feels comfomble, and his use of juvenile and crude humor neither is appropriate in a police supervisor, let alone a chief. This is a serious and more recent and relevant failing, and if it were my choice, I would want to see Lt. Maynard make a credible .12. case that he truly recognizes the need to clean up his act here, without any justi?cation or rationalization. Obviously, the City Manager must choose a new police chief ?'om among ?ve candidates with solid quali?cations, and for reasons that have nothing to do with these events, Lt. Maynard may not prove to be the strongest candidate. But with Lt. Maynard and the other candidates as well, it would be well to focus on what each candidate would do to lead a signi?cant culture change within the Police Department away from the use of sexual banter and slurs, even if used in a joking way. The days in which such conduct could be tolerated in a workplace or among co- workers even off?duty are long gone?even more so in light of the major sea change that we are now experiencing in our nation when it comes to the intersection of sex and working relationships. Whoever the next police chief is, he or she must lead that change?and that charge?going forward. A city with an overall ?ne police department deserves a leader who can make that happen. IV. CONCLUSION. I appreciate your entrusting me with this dif?cult and important investigation. I stand ready to help you and the City Manager in any way needed to ?1rther address or resolve these issues. Please let me know if you have any questions. -13-