February 24, 2020
Mr. Lan·y Burks
Administrator
West Chester Township
RE: Rebuttal to recent letter from HR I Complaint of on-going retaliation
Dear Mr. Burks,
On January 28, 2020, Chief of Police Colonel Joel Herzog #57 called me to a meeting at HR. I
responded to the conference room at HR and met with Colonel Herzog, along with Lt. Colonel
Brian Rebholz #68 and HR Manager Tonya Charles. I was served with the attached HR letter
accusing me of having an ."unprofessional attitude and behavior" and not meeting the
expectations of a police captain over the last "eight (8) months." These allegations came as a
great surprise to me. I was shocked to hear that none of the points Colonel Herzog noted as the
reason for this counseling session and HR letter was actually related to my performance as a
police captain. Additionally, since my performance evaluation was completed in July 2019, I had
not been informed that I was not meeting performance standards. I asked for examples of what
the issues being noted were. Colonel Herzog began by reading an ambiguous Facebook post by
my wife that was in no way connected to me, the Police Department or West Chester Township.
I immediately recognized this meeting was another form of the ongoing discriminatory treatment
and retaliation I have been subjected to since filing complaints against Colonel Herzog's
nearly two years ago and for concerns about Colonel Herzog that I
brought to your attention nearly a year ago. For this reason, I requested permission to audio
record the meeting and was granted permission by Ms. Charles and Colonel Herzog. I have
provided a copy of the recording to Colonel Herzog and would request you and HR review the
recording also.
I read the bullet points of performance expectations in the HR letter and requested examples of
how I was not meeting each. Colonel Herzog read to me Facebook posts from my wife's
Facebook page that had no connection to the Police Department. He said these posts were having
a negative impact on the operation of the Police Department. One post was merely a definition of
"cronyism." Colonel Herzog told me that many officers were discussing the post and speculating
whether it was related to the recent promotional process for lieutenant or the recent transfers of
the new Community Affairs sergeants. I pointed out that the post had no connection to the Police
Depatiment, the Township, or me. I reminded him that I do not even have a Face book page. I
also noted that I neither review nor approve my wife's posts before she makes them and that she
is free to post whatever she pleases. She is not an employee of the Police Department or the
Township, and I have no idea what authority Colonel Herzog or the Township has in restricting
her First Amendment Right to freedom of speech. I reiterated that I had not commented on the
post and had no conversations with any officers saying the post was in anyway linked to the
Police Department or Township.
Colonel Herzog read a second post from my wife's Facebook page insinuating it was somehow
linked to the Police Depariment. Again, this post was in no way linked to the Police Department,
the Township, or me. Not that it is anyone's business, but this second post was actually regar·ding
my wife's boss. As I pointed out to Colonel Herzog, my wife posts a great deal about many

1

 things, such as politics, family, her own work, and friends. The majority of what my wife posts
on Facebook has nothing to do with the Police Depmiment. Colonel Herzog offered no credible
reason why these Facebook posts were linked to my performance. He stated that because officers
were talking about it possibly being related and the timing of it being posted within 48 hours of
the Community Affairs sergeant positions, this establishes a nexus to the Police Depmiment and
me. I find this assumption absurd. If that is what is required for me to be held responsible for
someone else's mnbiguous post, where does it stop? Am I to be held responsible for any of my
immediate family's social media activity? How about extended fmnily? How about my friend's
posts? Where does it stop? More impotiantly, my wife is being subjected to censorship of her
speech by the Police Department.
West Chester Police Depattment's Policy 1020 Employee Speech, Expression and Social
Networking states in the opening paragraph, "This policy is intended to address issues
associated with employee use of social networking sites and to provide guidelines for the
regulation and balance of employee speech and expression with the needs of the Department. "
This policy clearly is meant to regulate speech or expression by employees. There is no reference
to regulating the speech or expression of family members or associates of employees. Once
again, neither of my wife's posts state anything about the Township or the Police Department.
Any connection by the reader is solely their opinion, just as they could link it to any other
personal experience or topic.
I asked Colonel Herzog who is trolling my wife's Facebook page to determine if they think any
of her posts are connected to my work. He said someone told him about it, but would not
disclose whom. I asked Colonel Herzog if he thought the fact that his wife and Police
Administrative Bureau Commander Comtney Lovell had "unfriended" my wife (deleted her) on
Facebook and Sgt. Brent Lovell had her blocked from the FOP Facebook page would be cause
for dissention in the Depatiment. Colonel Herzog claimed to not be familiar with Facebook and
what "unfriended" meant.
Colonel Herzog then said he had another issue regarding me attending an off duty event and not
informing him. He said the event was the Men of Honor event. I again was flabbergasted by this
allegation. The 2019 Men of Honor was a private event in Cincinnati to honor the professional
achievements of African American males in various professions. This was not in anyway a
police event or function. My wife and I were invited by our close friend Tommy Loveberry to be
guests at his table as private citizens. I did not attend this event on behalf of or representing the
Police Depattment or Township. I attended the event off duty wearing civilian clothes. Mr.
Lovebeny is an executive for White Castle and had a corporate table where he was able to invite
employees and friends of his choosing. Colonel Herzog noted Mr. Loveberry was the former
president of the West Chester Citizen's Police Academy Almni Association (WCCPAAA) and
that's how I know him. I advised him that I first met Mr. Loveberry in his role as the
WCCPAAA President, however, he and his wife attend the same church as my family. I
explained that my wife and family had become close friends with Mr. Loveberry, and his
invitation to this event was as friends and not a representative of the Police Department in
anyway. Colonel Herzog then mentioned that he heard from the Cincinnati Police Chief that he
had met one of his captains. I told him that I had met the Cincinnati Police Chief very briefly
(less than a minute). I had introduced myself to Chiefisaac and told him I worked at West

2

 Chester Police. That was the extent of our conversation and I never saw or spoke to him the rest
of the night. This was the only police officer I encountered or saw at the event. I informed
Colonel Herzog that there was nothing about this event that I believed was related to my
performance as a member of the Police Depatirnent. It should also be noted that my wife and I
attended this event on November 16,2019 and Colonel Herzog has never mentioned any
concerns to me until now.
Colonel Herzog then brought up my interactions with his
He insinuated that I have some deficiency in communicating or interacting with her. I
explained that I have consistently maintained polite and professional interactions with Ms.
In May 2018, I brought forward complaints about Ms. wearing inappropriate
workplace attire, winking at male employees, and initiating inappropriate conversations with me.
Since that time, I have consistently maintained that I will only have work related, professional
interactions with M s . - and would not engage in personal conversations or idle chitchat,
other than salutations. I have never refused to work with M s . - or interact with her when
it is appropriate and work related. I am always polite and professional. Colonel Herzog said Ms.
has never complained about my interactions with her and said he has never even
discussed the issue with her. He said his allegations are strictly based on his observations. He
brought up an interaction I had with M s . - regarding her access to the law enforcement
database OHLEG (Ohio Law Enforcement Gateway) and alleged that I refused to assist her with
getting access. This accusation is false. I was previously asked about the interaction by him and
explained it thoroughly in the presence of Lt. Colonel Rebholz. I was told during that meeting
that there wasn't an issue, he just wanted to ask me how records clerk Rita Lewis got involved.
I serve as the OHLEG administrator for the Depatirnent and manage user access. I have served in
this capacity for about I 0 years, since I was a sergeant. About three months ago, Colonel Herzog
approved a request by M s . - to have access to OHLEG. I ernailed M s . - all of the
necessary instructions she needed to complete to obtain access. These are the satne instructions I
email every other employee that requires access. Pati of the instructions were for M s . - to
have another OHLEG user log her on so she can complete the security video training, read rules
and regulations, sign the user acknowledgement, and submit the on-line application for access.
Once these things are completed, she was to notify me so that I can approve the on-line
application to be forwarded to the state for approval. The date M s . - chose to complete
these tasks, she asked me if she should have me log her on to OHLEG. I told M s . - that I
could log her on or she could also tty going up to the Records Section, where they have vacant
computers she could use, with the records clerks (also OHLEG users) close by to assist if she
needed anything. She chose to go up to Records. A shoti time later, I saw M s . - corning
back to her desk with records clerk, Ms. Rita Lewis. Ms. Lewis was attempting to log onto
OHLEG on Ms ..-cornputer, but was having some complications. I went out to Ms.
desk to.see wliatthe issue was and ifi could help. At this point, M s . appeared to be logged onto OHLEG, and I told her to let me know if she had any issues and if
need be I wouJd·try logging her on with my account. I later check to see if she was having any
issues and she said she was getting the tasks completed with no issues. I again told her to let me
know if she needed any assistance. M s . - completed the tasks with no futiher issues and I
completed the approval process.

3

 Within a day or two following this event, I was asked to report to Colonel Herzog's office in a
closed-door meeting alo~. CGlonel Rebholz. Colonel Herzog asked me how Rita Lewis
became involved in Ms. - ' OHLEG access. I explained the above sequence of events.
He then said he had sent me an email directing me to assist M s . - in logging onto
OHLEG. I corrected him and said that he had actually copied me to an email between him and
M s . - in which he told her to get her access taken care of, and she said she would asked
one ofthe captains to assist her. Colonel Herzog had replied that would be good. I informed
Colonel Herzog that I had not seen this copied email until after my interaction with Ms.
Regardless, I had assisted M s . - and checked with her several times to see if
she needed assistance. I asked Colonel Herzog to ask Ms. - a n d I'm sure she would tell
him the same thing. He told me he hadn't even mentioned anything to her and she had not said
anything to him about it. I found this unusual since he some how knew that Rita Lewis was
involved, even though he was not at work at the time this occurred. I also was left wondering
why I was being questioned about not assisting M s . - when she had not made any
complaints and I clearly had assisted her.
I reminded Colonel Herzog that we had already discussed this previously and established that I
had assisted M s . - It should also be noted that since being the OHLEG administrator, I
have never had to log any employee on to OHLEG to complete their tasks. I send out the
instructions and approve the applications when completed. Generally, every other employee
either sees their supervisor or gets with a peer employee to get the tasks completed. For some
reason in this particular case, Colonel Herzog felt the need for me as a captain to be the sole
person to assist M s . - with completing these tasks. I saw this as nothing more than
another attempt by Colonel Herzog to force me to have unnecessary interactions with Ms.
that are not normally required in the performance of my duties.
Colonel Herzog then brought up a recent conversation that took place outside of my office in the
area of Ms. -desk..!:!!: alleged that I had purposely moved myself behind a cinderblock
pillar in front of Ms. - d e s k to purposely cut her out of the conversation. He said that he
had been standing near M s . - desk with Courtney Lovell, and Lt. Colonel Rebholz
having a conversation. He said he had called me out of my office to engage in the conversation
and when I came out I purposely moved behind the pillar to cut M s . - out. I found this
assumption to be completely ludicrous. I don't remember what was said during this conversation,
but I remember the conversation he was referring to. I told him that I came out of my office and
approached him and Mrs. Lovell to speak to them. I had a brief conversation with him and Mrs.
Lovell and retumed to my office a short time later. I was never engaged in any conversation with
Ms and wasn't even paying any attention to what she was doing. I certainly did not
change my body position due to anything having to do with M s . - I approached Colonel
Herzog and Mrs. Lovell because that is who I was speaking to, which is customary for most
people to do.
This seems to be common practice- for Colonel Herzog. For whatever reason, he !?_ontin.!::'lll)
to draw Command Staff members into conversations while standing around
These are often not work related conversations, but just general chitchat. He has
's
trying to build the team environment, yet Ms. Jan Heimpold was never invited into these
conversations. Also this was not customary when the former Administrative Bureau

4

 Commander, Sarah Cunningham worked in Mrs. Lovell's position and she in
position. He has continued to use these 'interactions to try and force me into perso·nallnteractions
with M s . - even though I have made it explicitly clear that I will not be engaging in
personal conversations with her.
I asked Colonel Herzog to specifically tell me what it was he was requiring me to do with my
interactions with Ms. that I am not currently doing. He said that I do not need to have
personal conversations with her. I told him that what I was hearing then was that my interactions
with M s . - were appropriate and consistent with what he was asking. The only issue he
identified was that he thought I purposely stood behind a pillar to block M s . - during a
conversation I had with him and Mrs. Lovell, which was not only false, but also laughable.
I assumed that most of the bullet points on the attached HR letter were referring to the above
allegations by Colonel Herzog. I then asked what the bnllet point stating, "Address work
scheduling issues promptly and appropriately" was refening to. Colonel Herzog said this was
just an expectation. I asked ifi had some perfmmance issue in this area and he said, "No" it was
just an expectation. This made absolutely no sense that this note is in a document alleging I have
performance deficiencies, yet I am told there are no deficiencies in this area. It seems to me just
further evidence of the unjust retaliation I am being subjected to.
Nothing in this HR letter or anything noted by Colonel Herzog in this meeting has anything to do
with my actual performance as a police captain. The
Colonel Herzog continues to
point to is his perception of my interactions with Ms.
He continues to tell me that
something needs to change in my interactions with
yet although I have asked
repeatedly, he cannot define what I need to do
never been rude, nasty or
unprofessional with M s . - I have never refused to work with her in any way. There is no
evidence of any of these things and according to Colonel Herzog, she has not complained of any
such behavior.
Colonel Herzog also mentioned that people have said that I seem miserable and unhappy. I
informed him that is not because I am telling anyone at work that I am unhappy or gossiping
about the Department. However, I inf01med him that I am unhappy with work because of how I
am being treated in the last two years s i n c e - was hired. I told him I feel
undervalued and unappreciated. I don't feel trusted to do my job, and feel I had more authority
and decision making power as a sergeant than now. I informed him that this all began happening
after I brought forward my initial concerns about Ms. However, I no longer have
concerns about her behavior and said that was ancient history to me. I told Colonel Herzog the
problem I have now is I don't feel like I have a relationship with him anymore. I told him I
expressed recent frustrations to Lt. Colonel Rebholz about how I am treated. I discussed the
dysfunction being caused by Colonel Herzog going directly to my subordinates with tasks that I
am never informed about. I explained how this causes issues when I am responsible for
overseeing tasks I am not even aware of. This also makes it difficult to prioritize subordinates
tasks that I don't know about. Colonel Herzog said it is up to the subordinate to notifY me. I told
him that is his prerogative as chief and if that is what he wants I will have to work with that,
however, it does cause problems. Colonel Herzog said he usually copies me to emails if he is
sending a task to my subordinates. I told him he sometimes does, but many times he does not. Lt.

5

 Colonel Rebholz aclmowledge that there were communications issues in the command staff and
Department wide that we needed to work on.
Colonel Herzog and Lt. Colonel Rebholz told me that I just needed to be myself and be the
person they have always known and worked with for over twenty years. They aclmowledged the
outstanding work and dedication I have given the Department over the last twenty years. What
they fail to recognize is that I have not changed at all. I am the same person they have always
!mown that will always stand up for what is right and not confmm to inappropriate behavior. The
only changes have been how I am being treated for not agreeing to compromise my own morals
and integrity. They are the ones that have changed and it is completely disheartening. I have
served the Police Department for over twenty years with an impeccable record. I have never
received any discipline or even had a negative evaluation. Then I bring forward my concems of
inappropriate workplace conduct by Colonel Herzog and his
and have
been punished for it every since. Why would an employee with an unblemished record for over
twenty years, who was promoted to the 3'd highest rank in the Police Depatiment, become a
problem employee overnight? The answer is I have not changed. Only how I am being treated
has changed. As I am sure you are awm·e, the other police captain has been subjected to the very
same situation. Please ask your self what makes more sense.
Ultimately, at the conclusion of the meeting, I asked Colonel Herzog if he would consider letting
me demote to a lieutenant and serve the Depatiment in another capacity. I told Colonel Herzog
that I would continue to give maximum effoti to serving the Department and he could put
someone in my place that would work better for what he is looking for. He did not give a
definitive answer and Ms. Charles indicated this might be something we could discuss at a later
time.
In my 2019 performance evaluation I only received negative ratings in two categories, which
was specifically dealing with my interactions with M s . - I requested a meeting with
Colonel Herzog and Lt. Colonel Rebholz after the evaluation to discuss this issue. During that
meeting, I reiterated that because of what transpired with M s . - and her past inappropriate
behavior, I was not comfortable with engaging in personal interactions with her. I told Colonel
Herzog at that time and have maintained that I will be polite and professional with her and will
work with her cordially, but will not have anything more than workplace related professional
interactions with her. He told me that I do not have to engage in personal conversations with her,
but that it has to be more than "good morning" and "good night." I informed him that it is more
than that when we have to work together to accomplish required tasks. I asked for them to
specifically explain to me what is required of me in these interactions that will improve my
evilluation. Colonel Herzog could not tell me anything other than my conversations with Ms.
- - h a v e to be more than "good morning" and "good night." Again, I was left confused as
·to what the requirement is. I also expressed during this meeting that I did not understand why my
comfort in the workplace was less impmiant than anyone else's. Why is it that what I atn
comfmiable with due to someone else's inappropriate behavior is unimpotiant? I also do not
understand why Colonel Herzog has such an emotional reaction to the fact that I do not want to
engage in personal conversations with M s . -

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 There is another key issue that I must address. Colonel Herzog is insinuating that my wife's
ambiguous Facebook post has caused disruption in the Department over the credibility of the
recent lieutenant promotional process and Community Affairs sergeant positions. The reality is
this disruption and dissention is a direct result of Colonel Herzog's fraternization with Sergeant
Brent Lovell and his wife Courtney Lovell. Sgt. Lovell's recent transfer to a preferred
assigmnent and finishing of second place in the lieutenant process is being scrutinized because of
officers' perceptions of Colonel Herzog's relationship with Sgt. Lovell. It is not because of some
random, ambiguous post by my wife. I believe Colonel Herzog is looking for a scapegoat to
explain the officer's frustrations to dive1t attention away from the real issue, which is being
caused by his own actions.
The rumors and frustrations about Colonel Herzog's inappropriate conduct with the Lovell's has
been going on for years and Colonel Herzog is well aware of it. Sgt. Lovell openly talks about
how close he and Colonel Herzog are, how they text every night, how he goes directly to him for
things, and how they drink together. Officers comment about seeing Colonel Herzog out
drinking with the Lovell's. In2015, a letter was written to then FOP president Officer Tim
Mintkenbaugh complaining of Colonel Herzog's close personal relationship with Officer Brent
at
Lovell (before promotion to sergeant) and Courtney Lovell (Chiefs
the time). Fonner officer Steve Seitzman noted similar allegations of this fraternization in a
rebuttal he wrote to a PSL approximately two years ago. It should also be noted that in that PSL
to Steve Seitzman, it was determined that Sgt. Lovell had entered false information in the PSL. It
was determined by Colonel Herzog to have Sgt. Lovell just change the PSL by removing the
false information. There was no investigation that I am aware if into dishonesty by Sgt. Lovell.
The fraternization complaint has also been brought to Colonel Herzog's attention in other ways.
In December 2019, long before my wife's Facebook post, Lt. Mike Quinn informed Captain
Gutman of rumors that Sgt. Lovell had received an email from Colonel Herzog to review and
give feedback on before sending out department wide. This was an email admonishment to all
employees regarding a sensitive issue of inappropriate conduct against one employee
(Gecewhich) by another unknown employee. Sgt. Michael Bruce allegedly saw this email.
Captain Gutman and I were not even aware of what was going on until the email was sent
Department wide. I had to ask Colonel Herzog what it was about. Captain Gutman informed
Colonel Herzog about the alleged email to Sgt. Lovell and he denied sending the email to Sgt.
Lovell. It should be noted that the incident Colonel Herzog emailed the Depmtment about
resulted in an internal investigation where nearly half the Depmtment was interviewed as
possible suspects.
There are several other factors that fuel the perceptions of Colonel Herzog's inappropriate
relationship with the Lovell's. The social media Twitter interactions between Colonel Herzog
and Sgt. Lovell are a current source of dissention. Colonel Herzog and Sgt. Lovell are primarily
the only ones interacting and retweeting each other's posts constantly. Depmtment members talk
about it and how Sgt. Lovell retweets anything Colonel Herzog posts. I was just informed by Lt.
Beiser on February 21, 2020 of an officer's concern about this issue.
It was also reported by several officers that prior to posting the positions for the Community
Affairs sergeants, Sgt. Lovell was saying things to people to insinuate he was going to be

7

 assigned the new position before a decision was even made. It was reported that he had asked
people who wanted to go to traffic safety. Captain Gutman had a meeting with Sgt. Lovell to
address this issue and what officers were saying. Officers already suspected he was going to get
the position because of his close ties to Colonel Herzog and the statements he was making.
Again, this was well before my wife's Facebook post.
Mr. Burks, I have tried to handle these issues informally by having courageous conversations
with people in hopes that everyone would do what is right. However, I have been left with no
other option but to formally document my concerns. Please forgive me for the length of this
document, but I believe to fully understand the situation you need to have a complete historical
perspective on everything that has occurred. The following is my detailed account of the key
events that have occurred since March 2018.
Key events since March 2018

I was promoted to Captain in December of 2016 and began working as a member of the police
administration Command Staff as a bureau commander. As a captain, I report to Assistant Chief
of Police Lt. Colonel Brian Rebholz as my direct supervisor, and he reports to Chief of Police
Colonel Joel Herzog. In early 2018, Colonel Herzog promoted his
Courtney Lovell to the Administrative Bureau Commander. He then hired a new
in March 2018. Before and immediately after the
Colonel Herzog began making inappropriate sexual comments about Ms.
such as making comments about her body or how "good" he thought she looked in r.,,,.t"iin colors.
Colonel Herzog would try and encourage others (such as myself, Capt. Joe Gutman, and Lt.
Colonel Rebholz) to join in the comments. When we refused to join in the inappropriate
comments, Colonel Herzog eventually stopped making such comments about her, at least in my
presence. However, he routinely made other inappropriate comments such as making
inappropriate sexual jokes or jokes that were racially insensitive and would commonly do this in
the presence of numerous subordinates beyond command staff members. This was creating a
culture that I did not want to be associated with. I also did not want this behavior to tarnish the
Department or the Township.
I had also had conversations with Captain Gutman about these issues and he had the same
concerns. He informed me that he was aware that during the hiring process Colonel Herzog had
ensmed that M s . · - application went to the top of the list as if he new her personally.
Colonel Herzog maintained he had never met Ms.
before the hiring process. There
seemed to be questionable circumstances around Ms.
hiring. Captain Gutman
of M s . - and
infonned me that Lt. Colonel Rebholz had called him
indicated he had concerns and said, "We're going to take a hit on this one."
Immediately after being hired, M s . - began wearing inappropriate attire for the work
place, especially a government facility. Specifically she would wear very short skirts (well above
the lmee, near mid thigh) along with stiletto-heel shoes and sleeveless shirts. On one particular
occasion she wore short shorts and a shirt that rode up exposing her midriff (this was worn
during setting up tables and chairs for a police memorial service, but still very inappropriate for
the workplace). At one point, Captain Gutman told me that Lt. Colonel Rebholz had informed

8

 Colonel Herzog of an inappropriate short skirt that M s . - was wearing. Colonel Herzog
had told him he hadn't seen it. No other action was taken.
M s . - also routinely stayed at work well after her end of shift at 4:30PM, usually staying
till5:00 PM or later. My nmmal shift ends at 4:30PM also, but occasionally went later, but I am
a salary employee and M s . - is hourly. She routinely stayed late on her own time (and
still does). My day typically ends at 4:30 PM, and I close my office door and change out of my
uniform to civilian clothes. In March to April20 18, I had several occasions where I changed at
the end of the day and came out of my office to leave, and M s . - was still there. She
would initiate conversations that made me uncomfortable. They made me uncomfortable for
several reasons. M s . - is a single woman who had just stmted working for the
Department. When she initiated these conversations, it was after our workday was over and when
everyone else in the office had left for the day. Additionally, the conversations she initiated
where unnecessary. One was relating to the prioritizing and filing of cettain paperwork for the
chief, which should have been a discussion she would have with the chief. Another conversation
was when she approached my office as I was exiting to leave for the day and she had a document
for me to sign. Again, this is after the end of the workday and nothing that couldn't wait till the
next day. On another occasion during the workday, M s . - asked if I had a
chance to eat lunch, and offered to pick lunch up for me if I needed it. With the context of
everything that had transpired up to this point, these incidents made me uncomfmtable, and I felt
as though M s . - was looking for excuses to have interactions, particularly after hours
when others had left for the day.
In April of 2018, while at lunch Colonel Herzog and Lt. Colonel Rebholz discussed M s . winking at them. Lt. Colonel Rebholz asked if she had winked at me. I told them I had no idea
what they were talking about, she had not winked at me. Colonel Herzog said he was glad to hear
that she had also winked at Lt. Colonel Rebholz because he was wondering if she was just
winking at him. He then joked that he was hoping she was just winking at him. On May 15,
2018, the Department held a police memorial ceremony. This was an event where our families
also attended. During the event, Captain Gutman and his wife passed by M s . - He
acknowledged M s . - and she winked back at him. This was completely inappropriate and
both disrespectful and upsetting to Captain Gutman and his wife. Captain Gutman's wife spoke
to Ms. supervisor Comtney Lovell at the event. At the time, Mrs. Gutman and Mrs.
Lovell ~ds. Mrs. Lovell said she was aware of other complaints people had brought to
her about the winking and she would look into the matter.
The day after the police memorial event, May 16, 2018, I attended a meeting with Lt. Colonel
Brian Rebholz, Captain Joe Gutman, and Comtney Lovell. During the meeting, Captain Gutman
inappropriate behavior of winking at him dming the
expressed his concems with Ms. police memorial event. Mrs. Lovell said that she had received other complaints about the
winking. Lt. Colonel Rebholz began to try and rationalize the behavior saying it could be an
involuntary tic or just what she does with everyone. I indicated that she had never winked at me,
and I had not seen her wink at anyone else, therefore I didn't think it was a tic or involuntmy. I
then expressed my concerns about Ms. -inappropriate attire, staying late every day,
and initiating conversations with me that made me uncomfmtable.

9

 That evening on my drive home, Lt. Colonel Rebholz called me about the situation. I expressed
my disgust with what was going on and indicated I had questions about Ms. - h i r i n g
and whether there was anything inappropriate about it. Lt. Colonel Rebholz indicated he had
concerns and had told Colonel Herzog. Lt. Colonel Rebholz said his choice was an internal
applicant from the West Chester Fire Department because she was the most qualified. I discussed
my concerns with Ms. -inappropriate attire, staying late every night, and initiating
unnecessary conversatiO'ii8.'TToidhim her behavior was making me uncomfortable and I hated
coming to work now. He told me he appreciated me bringing my concerns to his attention and
that it would be addressed the next day.
This led to a meeting with Colonel Herzog on May 18, 2018, in which Captain Gutman and I
expressed the same concerns. Lt. Colonel Rebholz and Mrs. Lovell attended the meeting also. I
felt the concerns were trivialized and downplayed by Colonel Herzog and Lt. Colonel Rebholz.
attire or
Lt. Colonel Rebholz seemed to have no recollection of his concems with Ms. hiring. Mrs. Lovell never mentioned other people bringing forward concerns about the winking.
It was again pondered by Colonel Herzog that the winking may just be a tic or involuntary. I
disagreed and told him she had not winked at me. I also pointed out that winking is generally
viewed as a form of flirtation and any grown adult and professional should be self aware of that.
I declared that I would maintain only work related interactions with M s . - I said that I
would be polite and professional, but I would not be engaging in any personal conversations or
idle chitchat with her. This was based on my comf01t level and to maintain the integrity of my
position. Colonel Herzog then said he would meet with everyone individually about the
concerns. He met with me and we discussed the matter on a drive to Columbus. I detailed my
concerns and the reasons I was uncomf01table. Colonel Herzog said he definitely did not want
me to be uncomfortable at work. I expressed that I just wanted a professional environment and
did not want any behavior occurring that could discredit the Command Staff, Depattment,
Township, or me.
On May 21,2018, Colonel Herzog completed an interoffice memo to then HR Manager Joan
Tumblison. The memo detailed Colonel Herzog's recollection of his meeting with us to discuss
our concerns and his individual meeting with us to discuss the concerns. He then asked Captain
Gutman and I to review the memo and if we agreed to the content to initial or sign it. He advised
if we had anything additional we wanted to add to let him know or we could write out anything
additional. I reviewed the memo and met with Colonel Herzog regarding the content. I informed
him that the memo was mostly accurate as to what I said, but not entirely. I noted that I had
never mentioned Facebook in my conversations with him about my concerns. I also informed
him that his description of my concems about the conversations initiated by Ms. didn't
include the full context. I referred to the fact that two of the incidents were after hours, when
everyone else was gone, and were conversations that were unnecessary. Also, I told him it was
very disheartening that Lt. Colonel Rebholz does not recall the fact that he came to Colonel
Herzog with concerns about an inappropriate skirt worn by M s . - Colonel Herzog
acknowledged that he recalled Lt. Colonel Rebholz mentioning this to him, but said he never saw
or noticed the skitt in question. This is not in the memo. I also pointed out that Mrs. Lovell
originally told me, Captain Gutman, Lt. Colonel Rebholz, and Captain Gutman's wife that she
had received complaints from other people about M s . - winking inappropriately at people
and she was going to look into it. Now Mrs. Lovell and Lt. Colonel Rebholz have no recollection

10

 of these facts and this is not in the memo. However, Mrs. Gutman has a text conversation with
Mrs. Lovell confirming she hac! received other complaints. I told Colonel Herzog although the
memo did not include these facts, it generally was his reported recollection of what he was told
and that I wasn't going to write any rebuttal. I just wanted the issues handled and to get back to
work. However, I told him I was not going to sign or initial the memo because it was his words
and not mine. He said that was fine and said the memo was being forwarded to HR.
Colonel Herzog later met with me and asked if I wanted my complaint to be handlep formally
t!n·ough HR or handled informally tln·ough the Chiefs Office. I told him that I was' fine with it
being handled informally through his office. I said I didn't want to make a huge issue out of it. I
just wanted the inappropriate behavior to stop and for us to maintain a professional work
environment. Colonel Herzog told me he would handle the situation infmmally, but never said
what was going to be done.
During the time this issue was allegedly being handled, a meeting was held without Captain
Gutman and I, in which the decision was made to make a change to the Discriminatory
Harassment Policy 313. As captains, we review and sign off on all policy change
recommendations, however, this change occurred without our review or signature. The change
was to section 313.6 on Notification of Disposition. A line was added that the notification of
disposition would not include any corrective measures or discipline action taken. Basically it
eliminated the complainant being notified of what action was taken. On June 29,2018, Colonel
Herzog served me with a very brief memo indicating that he had looked into the issues of my
complaint and the issue was resolved. I was not told anything about what was done or whether
my complaints were considered substantiated, and if so, what action was taken.
After this time, Ms. attire mostly improved to appropriate workplace attire, however,
there were still a few occasions when the attire was still questionable in my opinion. It should be
noted that during this time the Township updated the dress code policy with more specific
restrictions on workplace attire. Generally, Ms. stopped initiating conversations I was
uncomfmiable with or after hours conversations. However, on August 3, 2018, M s . showed up at my office door as I was getting ready to walk out for a staff meeting. She began
asking me questions about homeschooling and if we had any health books at home that covered
sex education. She made references to her son approaching pubetiy and dealing with talking to
him about it. I said that my wife might have something and I could give her my wife's email if
she wanted to reach out to her. I then ended the conversation to head to my staff meeting. This
conversation was extremely uncomfmiable and weird for a number of reasons. First of all, I had
never engaged in any personal conversations with M s . - or discussed my family. Any
conversation with sexual overtones would be inappropriate, but especially considering all of the
previous issues I had brought forth concerns about. I felt like this was a calculated attempt to
engage me in a personal conversation with sexual references. I did not report this conversation
until later because I was hoping we could get back to a professional work place environment
without more tmmoil.
After August 2018, I gradually began being treated differently by Colonel Herzog and Lt.
Colonel Rebholz, but primarily Colonel Herzog. I began being left out of meetings and decisions
that normally involved all of command staff. They increasingly started micromanaging all
aspects of me running my bureau. Every decision had to be approved by Colonel Herzog with

II

 very little discretion, especially with personnel assignments. I began feeling isolated and cut out
of command staff. Colonel Herzog spoke to me less and less and routinely walked by my office
without saying a word. He often starts his day in Courtney Lovell's office briefing her on
information but never speaks to me. I began feeling undervalued, unappreciated and believe it is
a result of being retaliated against for bringing my concerns forward and trying to do what is
right. It should be noted that Captain Gutman was experiencing the same issues.

In early April2019, during a conversation with Colonel Herzog and Lt. Colonel Rebholz,
Colonel Herzog informed us that an anonymous caller had contacted the Township regarding an
allegation that Colonel Herzog had dressed in a "blackface" costume and there were photos taken
of it. The caller insinuated that the media was going to be notified. Colonel Herzog denied the
allegation and said he was trying to think of some other costume he may have wore that could
have been mistaken for that, but could not recall. This was at the end of the workday, and I went
home for the day. I then recalled that I had seen the photo that was being reported. In light of the
circumstances, I felt the right thing to do was bring this information forward.
The following day or so, I scheduled a meeting with Colonel Herzog. I informed him that I was
troubled by the information he told me regarding the photo allegation because I had seen the
wife had shown
photo. I explained that I believed it was sometime around Halloween 2015,
me a photo on Facebook that was posted on Colonel Herzog's wife's
I told
him what I recalled was the photo was of Colonel Herzog and his son
(also a
police officer in Springfield Township) wearing blackface with Afro style wigs ori and T-shilis
on that stated, "hands up don't shoot." Both of them also had their hands raised in the ail· with
their palms facing forward. I told him that at the time, I was a sergeant, and I told my wife not to
comment on or touch that post. We both recognized how inappropriate it was. Not long after
that, the post was taken down. I told Colonel Herzog I wanted to bring this to his attention
because of the anonymous complaint, I felt obligated to bring the information forward. I told him
that I knew for sure my wife, sister-in-law, and I had all seen it and now it would appear at least
one other person did who called the Township. I also let Colonel Herzog know that I didn't know
anything about the anonymous call and my wife or I did not make it. Colonel Herzog denied the
claim and said he had never dressed in blackface. He said maybe I saw something else that
appeared to be that, like he dressed like a military man or a hobo or something. He denied what I
described. He asked ifl had a copy of the photo and I informed him that I did not. I told him if
he denied it then I have to believe him, but that I was positive about what I saw. He never called
me a liar or accused me of making up false allegations.
Several days later, I was called into a second meeting with Colonel Herzog and Lt. Colonel
Rebholz regarding the blackface complaint. Colonel Herzog told me that the Township was
investigating the complaint and that Cincinnati Bell was very close to getting the number that
made the call, so they could identify the anonymous complainant. I believe Colonel Herzog was
trying to intimidate me because he thought I had something to do with the call. I again told him
that I did not know anything about the anonymous call. I said that was good if they could
identity the caller, however, reiterated that this is an additional person besides my wife, sister-inlaw, and me that saw the photo. Colonel Herzog again denied the claim. However, he did not
accuse me of lying or making up false allegations. He told me that he informed Township

12

 Administrator Larry Burks of the information I brought forward and that I should feel free to
meet with him and discuss it also ifl chose to.
After the above meeting, I contacted Larry Burks and requested to meet with him and Assistant
Township Administrator Lisa Brown. Mr. Burks agreed to meet with me, and Captain Gutman as
well. We went to the Township Administration building and met with Mr. Burks and then HR
Manager Joan Tumblison. Ms. Brown was not present because Mr. Burks said he did not whish
to bring her in at this point. I explained to them what I had seen regarding the blackface
allegation and described my meetings with Colonel Herzog about it. They asked if I had a copy
of the photo and I said I did not. However, I told them that numerous employees from the Police
Department were friends with . . . _ on Facebook and may have seen the photo. I was
not aware of anyone specific, but had never discussed it with anyone but my wife until now.
I then took the oppmtunity to express my concerns about an inappropriate culture being fostered
by Colonel Herzog that I did not want to be a part of. I also did not want this inappropriate
behavior to tarnish the reputation of the police command staff, the Police Department, or the
Township. I felt I had a duty to inform him of what was going on. I explained the issues that had
taken place with M s . - I pointed to the fact that there were concerns about the credibility
behind her hiring. I noted the inappropriate sexual comments that Colonel Herzog was making
before and after her hiring, along with his condoning of her inappropriate attire. I let them !mow
that after what had transpired with M s . - I was not comfortable having anything more
than professional work related interactions with M s . - I told them that I was polite and
professional and would work with M s . - and be cordial, but that I would not engage in
personal conversations with her or idle chitchat. However, Colonel Herzog cannot seem to
accept this. Mrs. Tumblison and Mr. Burks both advised me that there was no issue with how I
was managing my interactions with M s . I also informed them that Colonel Herzog routinely makes inappropriate sexual jokes or makes
comments or jokes that are racially insensitive. One example of the racially insensitive
comments he makes are when he refers to his doctor as "the terrorist" due to his Middle Eastern
or Indian descent. Captain Gutman echoed my concerns. Mr. Burks said he believed what I had
said about seeing the blackface photo, but unless the pictme surfaces he really couldn't do
anything else about it. I told him I just wanted to make sure they !mew because of the
embarrassment it could cause the Police Department and Township. As for the other allegations I
made, Mr. Burks advised me that I should have a conversation with Colonel Herzog about his
inappropriate comments and let him !mow I was uncomfortable with such comments. He said if I
was uncomfortable speaking to Colonel Herzog myself that he could, but it is often best to have a
direct conversation with the person first. I agreed to meet with Colonel Herzog myself and
address the inappropriate conunents with him. I told Mr. Burks that I would follow up with him
aftetward. The meeting was concluded. I was never informed of any action being taken by HR or
Mr. Burks after this meeting. However, it should be noted that HR has become increasingly more
involved in the hiring process for Police employees since this time. I am not sure if it is related,
but Colonel Herzog has not been happy about the changes.
Within a couple days after my meeting with Mr. Burks, Captain Gutman and I had a meeting
with Colonel Herzog. I informed him about our meeting with Mr. Burks and HR regarding the
blackface complaint. I also told him I addressed other concerns with Mr. Burks about his

13

 inappropriate sexual comments, and comments with racially inappropriate overtones. Colonel
Herzog said he wasn't aware he ever made such comments and said no one else has told him
that. However, he did agree to be cognizant of this and make sure he was not making
inappropriate comments. Again the topic of my interactions with M s . - came up. He
indicated to Captain Gutman and I that we should be letting M s . - !mow when we leave
the building and where we are going. I said that I always let my supervisor (Lt. Colonel Rebholz)
know ifl am going to be out, and I have two cell phones and a radio, so I was curious why his
needed to be informed of my whereabouts. He said that is what has
always been done so she can let people know where we are. I said if that is what is expected than
I would do that. He insinuated that I was some how being unprofessional with her by not talking
to her more. I informed him of the sex education conversation she initiated with me and again
told him that I will not engage in personal conversations or unnecessary chitchat with her. I
maintained that I would work with her and interact appropriately when needed for work related
reasons. I said I would be polite and professional but would engage in work related conversations
only, other than normal salutations. As usual, Colonel Herzog seemed very emotionally charged
and frustrated by this, but could not explain how or why I needed to do anything more than that.
On June 24,2019, I was called into a meeting with Lt. Colonel Rebholz and Colonel Herzog to
go over my 2019 annual performance evaluation (April!, 2018 to March 31, 2019). I
immediately recognized this was unusual because Colonel Herzog has never sat in on my
evaluation meeting before. Lt. Colonel Rebholz completes the evaluation and normally conducts
the meeting alone with me. Lt. Colonel Rebholz presented me with the evaluation and began
reviewing it. The majority of the evaluation was positive and included mostly ratings that were
exceeding expectations (4) or exceptional (5, the highest rating) for the performance categories.
However, then I noticed two categories with ratings of below standards (2). These ratings
specifically had to do with my interactions with M s . - They indicated the ratings had to
do with my behavior with the staff io the front office. This would include Colonel Herzog, Lt.
Colonel Rebholz, Captain Gutman, Mrs. Lovell, M s . - and Ms. Jan Heimpold. I was told
that I had become reserved and isolated, spending the majority of the day in my office. I was told
that I appear stoic and uninvolved unless requested. Lt. Colonel Rebholz alleged that "open
communication in the front office had been limited during this evaluation period to reflect
necessity only." He noted, "social communication indicative of a close working relationship
among peers is limited and has an effect on the professional atmosphere." I adamantly disagreed
with these assessments and asked them to speak to any one of my subordinates or anyone in the
front office. I am routinely moving around the Department and speaking with employees.
I noted that these negative ratings were strictly about the fact that I will not have personal
conversations with M s . - or chat with her about non-work related things. I reiterated that
I am polite, professional and work with her regularly to accomplish our mission. I agreed that I
do not and will not interact with her on a personal level because I am not comfortable with doing
so after what had transpired. I noted that I had not interacted any differently with the two of them
or anyone else in the front office than I ever have. I challenged them to speak to everyone and
find out. I also challenged them to speak to M s . - and they would find that I am never
rude or unprofessional or refuse to work with her when it is appropriate. I told them that I feel
that I have been treated differently. I felt micromanaged and untrusted to do my job. I felt like I
was the one being isolated and left out of decisions and meetings. Colonel Herzog reacted with

14

 his usual emotional response when discussing interactions with Ms. He continues to
acknowledge that I do not have to have personal interactions or conversations with M s . but insists I have to speak to her more, yet he cannot define for me what else I should be doing.
Colonel Herzog tries to include M s . - in discussions that normally only involve
Command Staff members (the chief, asst. chief, and bureau commanders), but he did not include
former finance secretary Jan Heimpold in these same conversations, even though she worked in
the front office also. It should also be noted that the previous administrative bureau commander,
Sarah Cunningham, also was not treated the way that Mrs. Lovell and Ms. are. Colonel
Herzog did not start his mornings in Mrs. Cunningham's office the way he does with Mrs.
Lovell. Colonel Herzog did not encourage regular group chitchat and personal discussions
involving Sarah Cunningham and Jan Heimpold. This behavior slatted after M s . - was
hired. Colonel Herzog often showed disdain for Mrs. Cunningham, and insinuated she was not a
good fit. I believe this was because Mrs. Cunningham was !mown to stand up for what is right
and would not engage in any impropriety. ·
M s . - is treated differently by Colonel Herzog than any other
has
been. She is an hourly employee, yet has in some cases been allowed to behave as a salary
employee by flexing hours, such as leaving early without taking off time. M s . - also stays
late using overtime (OT) for unnecessary events, like attending the Bridge of Life program to
stand by the catered food that is set up by the caterer. She gets OT for staying late for preplanned
events, yet other hourly employees/officers are expected to adjust schedules for pre-planned
events instead of using OT. Colonel Herzog is very protective of M s . - and anything to.
do with her. She makes regular mistakes on such tasks as personnel orders, Excel documents,
and hotel reservations, but it is rarely aclmowledged. M s . - is permitted to send out
Department wide emails about nonsense, like wanting to get rid of a used foot massager she
didn't want. She routinely sends out emails to depmtment members giving her own personal
accolades, which is highly unusual and has never been done by other
As a captain, I am generally expected to get approval before sending a depattment wide email.
On June 29,2018, Colonel Herzog said he and Mrs. Lovell were taking M s . - out to
lunch to go over her 90 day review, which was unusual and out of the ordinaty. I have never
been taken out to lunch to go over my review. It was also unusual that Colonel Herzog was
sitting in on her review. Up to that point, he did not sit in on any other reviews. Mrs. Lovell is
Ms.
direct supervisor and Lt. Colonel Rebholz is Mrs. Lovell's direct supervisor. It
would seem if a second person were going to sit in on the review, it would have been Lt. Colonel
Rebholz.
Ms. Jan Heimpold complained about M s . - overpowering perfume several times and
Colonel Herzog, Lt. Colonel Rebholz, and Mrs. Lovell would try and keep this from Captain
Gutman and me. Ms. Heimpold repmted having allergies that were aggravated by the strong
perfume. I would overhear them speaking of it and it was always negatively about Ms. Heimpold
and in defense of M s . - I was never told what was done with any of these complaints.
Ms. Heimpold told me before she retired that M s . - made constant mistakes in her job.
However, when she would bring it to Mrs. Lovell's attention, Ms. Heimpold' s concerns would
be dismissed. It was like Ms. could do no wrong.

15

 There is speculation in and out of the department that Colonel Herzog's relationship with Ms.
is inappropriate. Based on all of the facts and circumstances surrounding Colonel
Herzog's behavior to me on the subject, I am concemed of that as well and that she is getting
special treatment. Also, if the relationship is too personal, she would not be protected if things
changed, given the Colonel's pattern of retaliating.
desk to chitchat
Colonel Herzog often wants to gather Command Staff around Ms. and joke around or just have business related discussions aronnd her desk even though they don't
pertain to her. I do not usually join in these discussions for all of the reasons noted, but primarily
because I stay busy working. This is what I believe Colonel Herzog is most resentful about. He
wants to behave inappropriately and if we do not join in then he looks like he's doing something
wrong and/or is afraid we will complain. I believe this is at the crux of the retaliation against me.
On July 1, 2019, I requested a meeting with Colonel Herzog and Lt. Colonel Brian Rebholz to
discuss my 2019 annual performance evaluation for April!, 2018-March 31, 2019. I was polite
and professional throughout the meeting. I expressed gratitude for the oppottunities they had
given me. I told them that I love my job and the Depattment. I pointed out that in 20 years I had
never had a negative evaluation or been rated below standards in anything. I've never received
any discipline. I noted that I have worked with them both for 20 years and believe they know I
have no problem taking criticism and responsibility for my actions. As a matter of fact, I
received a maximum rating of 5 for exceptional on this evaluation for taking responsibility for
my decisions and actions. The evalnation in the two below standard categories is not an accurate
or fair representation of my performance as a whole. The evaluation stating that I stay in my
office all-day and only interact out if necessity is completely inaccurate. I am out of my office
routinely moving through the Depattment and coordinating with my bureau and others. I
received high ratings for this throughout the majority of the evaluation. I said that I do manage
my interactions with the Chiefs
to be strictly professional and work
related. I do not engage in personal social interactions with her. I reiterated this is because of her
prior inappropriate attire and behavior toward me. I do this to protect the Depattment and myself
from any futther inappropriate conduct. Because it is what is right and appropriate. This job does
not define me. Being a husband and father does and setting the example for my family. I am
uncomfortable with any interaction beyond what is professional and work related. I believe the
rest of my evaluation reflects my exceeding or being exceptional in most areas, contradicting the
two categories where I was rated below standard.
I expressed it is my belief they are using my evaluation to manipulate me into having personal
social interactions with M s . - They are basing my evaluation on my interactions with
one person, even though the interactions are professional. I am polite and professional. I am not
rude or nasty. I do not refuse to work with her when needed to accomplish department tasks or
objectives. My evaluation said I had been isolating myself, which is inaccurate. I told them their
actions have made me feel isolated. Such as being left out of command staff decisions and
meetings. I mentioned while Colonel Herzog and Lt. Colonel Rebholz were both out of town, he
had civilian employee Comtney Lovell attend the Township staff meeting on his behalf. Chain of
command would indicate any meeting normally attended by the chief would be attended by the
asst. chief and if the asst. chief isn't available, the patrol or suppmt captain. Colonel Herzog said
he was going to send a captain that day, but Township Administrator Larry Burks said to send

16

 Courtney Lovell for the experience. I said he could have communicated that to us but didn't. I
found out from Mrs. Lovell and had to brief her on activities in the Traffic Safety Unit (one of
my units) for the meeting. That type of situation makes me feel isolated. Especially since Captain
Gutman and I have never attended one of these meetings, but it was more important for a civilian
with much less tenure to attend in place of a sworn command staff member.
I also pointed out how Colonel Herzog starts his day most days in Courtney Lovell's office
talking, but never stops by to speak with Captain Gutman and me. That is isolation. He made
reference to our offices being set up with our backs facing the door when on the computer. He
said it is not very inviting, so he doesn't know what we are in the middle of and doesn't stop in. I
said my office has been that way the whole time, and it was never an issue the first year and a
half I was up there. Only after expressing my concerns for the inappropriate conduct of his
did it become an issue. I told him I would rearrange my office that day
and did so.
Colonel Herzog said my behavior was making things awkward and uncomfortable. I asked for
whom? And he said everyone. I disagreed and said I have not interacted any differently with
anyone except M s . - and that was to protect my self and do what is right. He said I was
treating her differently than everyone else and they were worried about complaints or litigation
about that. I disagreed and said I do not treat her differently; !just manage my interactions with
her to be strictly professional and work related only because of her misconduct previously. He
indicated her prior conduct had been investigated and she was cleared of any wrongdoing,
including inappropriate attire. I laughed and said itwould clearly be a violation of the cmrent
policy. I pointed out ifl was a female and M s . - was a male, we wouldn't be having this
discussion. Lt. Colonel Rebholz asked if the conduct I was referring to was about how she asked
me a question after work hours. I told him there was much more to it than that. I then discussed
the inappropriate conversation she initiated with me about obtaining a health book and needing
to speak to her son about puberty and sex education. This was completely inappropriate and
weird, especially since I've never discussed anything personal with her and she supposedly has a
master's degree in education and had homeschooled her son also. They had no response. I had
previously told this same story to Colonel Herzog as well as Township Administrator Larry
Burks and HR Manager Joan Tumblison. I reiterated that I do not interact any differently with
Courtney Lovell than I ever have, even when she was the chiefs
I also
did not interact any differently with anyone else in the office, including finance secretary Jan
Heimpold. This evaluation rating was about my strictly professional interaction with one person,
Ms.Lt. Colonel Rebholz asked ifl discuss family/kids with Officer- Berling. I said on
occasion yes. However, there is a stark difference. Officer Berling has never acted
inappropriately toward me, I have worked with her for almost 20 years, and our families know
each other and have been to each other's house. This doesn't compare to a single female
employee who behaved and dressed inappropriately as soon as she was hired and has been here
for a year. He then asked about other female civilian employees Janelle Morrell and Christine
Daley, who work in my bureau. I said I do not know much about their personal life and do not
have personal conversations with them. However, I do speak to them, say hello, and let them
know I appreciate their work. At one point Colonel Herzog became very agitated and angry

17

 because I was refeiTing to his
as Ms. - s a i d I wouldn't even
say her name. I said I had used her first name in the beginning of the meeting, but used Ms.
after we were discussing- Berling, who has the same first name. Colonel
Herzog takes the whole situation unusually personal and has very emotional reactions to
anything negative against M s . I requested that they listen to what I had said and I hoped they would do the right thing and
change the evaluation to reflect at a minimum meeting standards in the two below standard
categories. They gave no indication they would change anything and said I would need to change
my behavior. I requested to know specifically what I needed to do to be meeting standards.
Colonel Herzog said I do not have to engage in personal social interactions with her, but it has to
be more than just "good morning" and "good night" or "how was your weekend?, fine" I said
well ifi don't have to have personal conversations than what else is there beyond professional
interactions and salutations. He said I have to find a balance and they cannot define it for me. I
also pointed out that I had not received any Police Service Log (PSL) admonishments or
counseling indicating I was not meeting standards for the entire year until my evaluation. The
Department has strived to ensure supervisors are meeting with employees throughout the year to
address any performance concerns before evaluation time. I was told it is handled differently
with conunand staff, they don't typically use PSL's. This did not make sense to me considering I
had received numerous conunendation PSL' s as a captain. I thanked them for their time and
ended the meeting.
On January 23, 2020, I attended a staff meeting with the command staff and lieutenants. Lt.
Colonel Rebholz brought up infonnation from some of the detectives in my bureau that they
wanted to participate in the next hiring process for police officers and help with some
background investigations. Lt. Colonel Rebholz started giving direction to Lt. Tivin (in charge of
the detectives) regarding getting this set up. This frustrated me since I had already spoken to Lt.
Tivin about this request and planned to get with Lt. Colonel Rebholz about it. I asked Lt. Colonel
Rebholz if the detectives had spoken to him directly, he said they had. Lt. Tivin also failed to
mention that I had spoken to him. I was visibly frustrated as this type of jumping of chain of
command had become commonplace in the last year.
Later that evening, Lt. Colonel Rebholz called me at home about the meeting. He tried to explain
what had happened with the detectives. I told him that was a small symptom of a much larger
issue. He asked for me to elaborate. I explained that I had never in my 20 years with the
Depmtment felt more undervalued, unappreciated, and completely cut out as a member of the
police command staff. I told him the communication between the command staff is horrible.
There are meetings and decisions being made that I nmmally would have been included on and
am now excluded. I let him know that I am rarely briefed on pe1tinent information, such as our
hiring processes for new hires. The first year I was a captain, the captains were a part of eve1y
interview board, now we are only scheduled for some of them sporadically. I am not able to
answer employee's questions on ce1tain projects because I atn left out of the loop. I said that I
was being micromanaged and was not trusted to make decisions. I told him I had more decision
making power as a sergeant than I do as a captain. I also pointed out that Colonel Herzog is
consistently going around the chain of command and assigning tasks to my subordinate
lieutenants, sergeants, and officers without notifying me of the information. I explained that I

18

 understood that was his prerogative to do as chief, but that it causes great dysfunction. When this
happens, I don't know my subordinates are assigned a task, but yet I am responsible for it. I
cannot prioritize my subordinate's tasks when I am not aware of other tasks being assigned. I
also will have subordinates ask me about something Colonel Herzog assigned and I don't even
know about it, which makes me look incompetent and discredits the command staff. Lt. Colonel
Rebholz acknowledged the communication and chain of command jumping was an issue. He
noted that he was Courtney Lovell's direct supervisor, yet there are decisions and projects
between her and Colonel Herzog that he is left out of the loop on. He said that we could talk
further on the issues at work the next day. However, the next day Lt. Colonel Rebholz was not in
the office.
On January 27, 2020, Lt. Colonel Rebholz asked me to go out with him for coffee. While driving
around, he brought up our previous conversation. I reiterated what I had said on the phone, he
agreed there were communication issues and we needed to get things resolved. He then brought
up a conversation that had taken place several days earlier at the office involving him, Colonel
Herzog, Mrs. Lovell, M s . - and me. He said that this conversation took place outside my
office around M s . - desk and that his perception was that I purposely moved my body
behind the pillar a~to cut her out of the conversation. I said I didn't have a clue what he
was talking about. I remembered the conversation. I was in my office and was called out into the
hallway by Colonel Herzog, where Mrs. Lovell and Lt. Colonel Rebholz were standing around
M s . - desk. I didn't remember the topic of conversation, but I came out of my office
and approac ed Colonel Herzog and Mrs. Lovell to speak to them. There was a brief
conversation and I returnec!,to my office to get back to work. I told Lt. Colonel Rebholz that I
never spoke to - L a n d wasn't even paying any attention to what she was doing.
I reiterated to him again that I will not engage in personal conversations with M r s . - but
I work with her and I am polite and professional at all times, but only have work related
conversations with her other than salutations. He seemed frustrated by this. He pointed out that
former finance secretaty Jan Heimpold used to frustrate him often, but she was still patt of the
team and he had to work with her. I said that was a perfect example. I do work with M s . and remain polite and professional, but will not engage in personal conversations or relations
with her. I said that I don't like M s . - Gnd probably never will, but that I acknowledge she
is part of the team, and I will work ~rid be polite and professional. I noted that no one
likes evetyone they work with or even has personal conversations with everyone they work with,
but that we work with everyone professionally anyway. I pointed to other employees that I don't
have personal conversations or interactions with, but we get a long just fine on a professional
level. He had no response to these comments, but reiterated that we needed to solve the
communication issues.
On January 28, 2020, Colonel Herzog unexpectedly called me to a meeting at HR. I arrived and
was brought into a meeting with Colonel Herzog, Lt. Colonel Rebholz, and HR Manager Tonya
Charles. I have described this meeting in detail above.
On Januaty 29, 2020, I called Assistant Township Administrator Lisa Brown. I requested to
schedule a meeting with Ms. Brown, Township Administrator Lany Burks, and HR Manager
Tonya Charles. I explained I wanted an opp01tunity to submit a rebuttal to the meeting conducted

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 with me atHR on January 28, 2020. Ms. Brown originally scheduled a date to meet, but had to
cancel due to scheduling conflicts. She said she would contact me back the following week. I
spoke with Ms. Brown the following week and we exchanged voicemails. I mentioned to Ms.
Brown that I wanted to speak to an attorney and would like to contact her back when I am ready
to meet. Ms. Brown followed np with an email on February 7, 2020 and told me to let her !mow
when I was ready to reschedule a meeting.
On or about February 14, 2020, Sgt. Brent Lovell was engaged in a twitter conversation with
other police employees that was in violation of the Depattment social media policy. On Febmary
19, 2020, Colonel Herzog held a meeting with Captain Gutman and Lt. Colonel Rebholz to
discuss the issue and what corrective action or discipline would be pursued. I was not included in
this meeting or even made aware of it at the time, even though Sgt. Lovell works in my bureau.
During the meeting, Captain Gutman asked more than once if I should be included in the
meeting and Colonel Herzog said, "No" he figmed he would just talk with Captain Gutman since
he originally received the information about what occurred. Captain Gutman was asked what
should be done about the situation and he advised a police service log (PSL) admonishment
should be issued to all officers involved. Lt. Colonel Rebholz agreed. Colonel Herzog said he
would let us handle the PSL's, but offered that he thinks Sgt. Lovell's heart was in the right
place, so maybe the PSL could be worded to reflect that.
This is another example of me being excluded from a Command Staff meeting that I would
normally be a part of, especially considering this involved one of my subordinates. I believe in
this patticular case, I was excluded because the meeting involved inappropriate use of social
media that was resulting in a PSL. I had suffered much more severe consequences for an
ambiguous Facebook post made by my wife. I also believe Colonel Herzog's favoritism of Sgt.
Lovell due to his close personal ties is obvious in this meeting. This ongoing fraternization
continues to be detrimental to our organization, creating dissention and resentment among
officers and other employees.
On February 21, 2020, I was served with a notification from Police intemal investigators Lt. Paul
Haering #39, and Sgt. Weingartner #67 that I was being investigated for alleged Rules and
Regulations violations. These alleged violations were said to have occurred during the January
28, 2020 meeting with HR and a meeting the following day with Colonel Herzog. I believe this
internal investigation is a result of blatant retaliation against me for reporting inappropriate
conduct by Colonel Herzog a n d - Colonel Herzog knows I am aware of instances of removing public documents from personnel
files to try to get employees he did not like out of the depattment, including Jeanni Quinn
(Records Supervisor) and Steve Seitzman's file. Based on this and the widespread talk in the
department, I have additional concerns in regards to public records regarding the Jeff Couch
criminal case. As I am sure you are aware, the night Jeff Couch was atTested, Colonel Herzog
attempted to contact Couch's attorney and called Butler County Sheriff Chief Deputy Dwyer. As
reported by the media and Colonel Herzog, this was allegedly an attempt for him to visit Couch
in the Butler County Jail "as a friend" on the night of his felony arrest. I have no idea whether
this highly inappropriate conduct was investigated, but if not it should have been. If this had been
done by one of our officers, I am positive there would have been an intemal investigation into

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 the matter. This incident happened over the weekend. I believe Colonel Herzog's actions were
consistent with trying to get Couch released before Monday morning, as required by law in
domestic violence cases for the victim's safety. This caused concern in the Department among
officers, who speculated as to what would have happened to them if they had done what Colonel
Herzog had. After this incident, Colonel Herzog said he was not going to have anything to do
with the Couch case and didn't even want to be briefed on it. However, I am aware that he has
contacted depatiment members and the prosecutor on the case.
I am aware that there was a pubic records request pending for Colonel Herzog's text messages
between him and Shelly Couch (Jeff Couch's wife) and the texts contained damning information
that would be an embarrassment to the Department and the Township. This was regarding the
day Colonel Herzog's wife
texted him about the media being at the Couch
residence after his guilty plea
anuary 16, 2020). Colonel Herzog texted her to call
police dispatch. ; called police dispatch to have officers sent to the Couch residence
and she said she ~ outta there. In one text to Shelly Couch Colonel Herzog allegedly
stated something to the effect of he protects privileged people more from the media when
referring to the media being at the Couch house. I was told the media had also requested the
phone call to dispatch by and the call logs for the police response. I do not know if
the records requests have b~d yet, but I am aware the requests were being processed as
early as February 12, 2020, and there has yet to be any release in the media as of February 23,
2020. There are concerns in the Department that these records are being suppressed because of
their damaging nature, since Colonel Herzog could review the records and pressure or instrnct
Ms. Quinn to leave things out that should be sent under the law.

Conclusion
I believe I am being retaliated against for refusing to conform to unprofessional, inappropriate
and possibly unlawful conduct. Colonel Herzog has repeatedly tried to force me to engage in
personal conversations and interactions with M s . - and will not respect my personal and
professional boundaries. He wants to be able to laugh, joke, flirt and say inappropriate things
with females in the workplace and because Captain Gutman and I will not condone nor join in
such behavior, we are being mistreated and retaliated against.
Additionally, I believe Colonel Herzog has now ramped up his retaliation with the internal
investigation in a frantic reaction to try and get rid of me because of my knowledge of his many
examples of misconduct and that I will not cover it up for him. This is why he is interfering with
my attempt to meet with you and HR by investigating me first. I mentioned in the January 28'h
meeting with HR that I would be contacting an attorney. I also mentioned to Ms. Brown that I
would be speaking to an attorney. Colonel Herzog is also aware that I was going to be meeting
with HR, Ms. Brown, and Mr. Burks. There is also the looming pressure from the media for the
release of records in the Couch case. Colonel Herzog knows that I will stand against
inappropriate behavior, and I have koowledge of further improper actions by him that will be
exposed. It is my fear he is now using this internal investigation as a means to fire me before I
can expose any futiher information that will be damaging to him. There was no indication at all
that my conduct in was in question until I requested the meeting and said I was contacting an

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 attorney, other than not being friendly enough to M s . - Clearly the investigation is to
discredit me and discipline or terminate me to cover up for Colonel Herzog's misconduct.
I have served as a member of West Chester Police Department for over 20 years, with an
unblemished record and have never received any discipline. Up until July 2019, I had never
received any negative or below standard marks on a performance evaluation. I have the utmost
respect of my peers and subordinates. I have received numerous commendations for my
professionalism, leadership, and teamwork. I was promoted through the ranks from patrol officer
to captain in just over 17 years. I only began being treated differently and receiving negative
performance critiques after I brought forward complaints against the Chief of Police and his
in May of2018, and the later meetings and conversations have only
made things worse. I believe I have been retaliated against ever since because I refuse to
conform to the inappropriate behavior and culture being fostered by CoJonel Herzog or to cover
up for his conduct.
The hostile and corrosive work environment that has been created by Colonel Herzog has been
detrimental to my health and wellbeing as well as my family. Now career and my wife's
reputation and integrity are being attacked in an effort to stifle me i:i-om opposing cotmpt
conduct. I believe this just exposes the lengths that Colonel Herzog will go to conceal and
petJletuate his behavior.

I would like to request that the HR letter he removed from my personnel file as it is clearly
inaccurate, baseless, and a direct result of retaliation against me. I am requesting that the ongoing investigation, retaliation and discriminatory actions being taken against me cease and
desist. I just want to come to work and do my joh professionally and with honor in an
environment free from inappropriate conduct. I would also like my 2019 annual performance
evaluation to be corrected due to the below standard ratings regarding my interactions with Ms.
that are unwarranted and retaliatory in nature. I would also like Colonel Herzog to be
reprimanded and instructed to stop his retaliation against me, Commander Gutman, and any
other members of the department, and for Colonel Herzog's conduct to be investigated.
Thank your for your time and consideration in addressing my concerns. I look forward to hearing
from you as to the resolution to these issues.

Respectfully,
Captain Jamie Hensley# 130
Support Bureau Commander
West Chester Police Depattment

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