March 11, 2020
To: Mr. Larry Burks, West Chester Township Administrator
From: Captain Joe Gutman
Regarding: Retaliation and Inappropriate Workplace Conduct
Dear Mr. Burks,
The purpose of this letter is to inform you of the retaliation and conduct by the Chief of Police,
Joel Herzog that has simply become intolerable over the last two years. I have spoken to you about
a year ago about this issue and you suggested that we bring our concerns up with the Chief directly
and to try to work it out internally. We did so and unfortunately things have gotten worse. I see
what is happening now to Captain Hensley. I have been treated similarly, and I believe I am next.
It is as though the Chief is trying to fire Captain Hensley and he may try to do the same with me
despite the fact that I have an excellent work record. We are both aware of his conduct and he is
retaliating against us for that.
I have been an employee of the West Chester Police Department for just over 25 years. I have held
positions on patrol, SWAT, Traffic Safety, employment background investigator, Canine Unit,
and Defensive Tactics Instructor.
I was promoted to Sergeant in 2005 by Chief John Bruce. During my time as a sergeant, I
supervised Uniform Patrol, the Canine Unit, SWAT, Traffic Safety, and the Public Affairs Unit.
I was promoted to Lieutenant in 2010 by Chief Erik Niehaus. During my time as a Lieutenant, I
supervised Uniform Patrol, Criminal Investigations Section, and was the SWAT Commander.
I was promoted to Captain in 2016 by Chief Joel Herzog. I have served as the Support Bureau
Captain and most recently as the Patrol Bureau Captain.
I have a Bachelor’s Degree in criminal justice from the University of Cincinnati. I completed the
Police Executive Leadership College (PELC) and I am a certified law enforcement executive
(CLEE).
In my career, I have received countless commendations. These commendations include the
lifesaving award for pulling an unconscious female out of a burning building. I was told by fire
personnel had we waited for them to arrive she certainly would have perished. I was given a Letter
of Commendation and also a Letter from the Sheriff for my leadership role as the incident
commander during a hostage situation where a ten-year-old child was taken hostage. We
successfully resolved that incident and the child was returned to his mother unharmed. I also have
multiple unit citations for my performance during tactical situations and many others for going
above and beyond for our community. The only admonishment that I can recall in my career was
for striking a stationary object in my patrol vehicle. All of my evaluations were very positive with
the exception of this most recent one which I will discuss later.
By all accounts, I have had an impeccable work record. I believe I have the reputation of being
very honest, caring and hardworking. I drive performance and accountability. I truly care about

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 the West Chester Police Department, its members and our community. I think I have a very good
relationship with our officers and supervisors. In particular, I am very close with the Uniformed
Patrol Lieutenants that report directly to me. Until all this, I truly loved my job.
In 2018, at the recommendation of myself, LTC Rebholz and Captain Hensley, Courtney Lovell
was promoted to Administrative Bureau Commander. It was then necessary to hire someone for
the position of
to the Chief of Police.
I, along with Captain Hensley (and possibly Courtney Lovell and LTC Rebholz) were tasked with
going through all of the applications and basically making a yes, “to be interviewed” pile and a no
pile. The Chief asked that we made sure
application got into the “yes” pile.
He stated he was doing a favor for a friend, that
was just getting back into the workforce
and he wanted to “boost her confidence.” I reviewed her application. According to her application,
she had a Master’s Degree. I didn’t see anything glaring on her application that would preclude
her from being interviewed so I did as the Chief asked.
Immediately prior to her hire, over a weekend, LTC Rebholz called me at home. Among other
things, we discussed who the Chief was going to hire as his
He stated
the Chief was going to hire
even over a previous Fire Department employee who had an
excellent work record and who already knew all of the procedures and processes. He said ”Joe, we
are going to take a hit on this one.” I took this to mean that perhaps the Chief was showing some
type of favoritism or basically doing something he shouldn’t. At some point around this time, I
learned that
was the sister of Charlie Stiegelmeyer’s wife. Most of us have
known Charlie for a number of years. He was a BCI supervisor, then went to a taskforce in the
Dayton area and is now the Police Chief in Miami Township (Montgomery County). It should be
noted that Sgt. Lovell was selected to complete the background investigation of
She was hired over other very qualified candidates despite the fact that she had no prior experience
with our systems and processes, there were things in her background that could be problems. This
made me question how she could be a more qualified candidate than the previous FD employee
who had an excellent work record and was already familiar with our systems and processes.
Perhaps that is why LTC Rebholz felt “we were going to take a hit on this one.”
would often wear clothes that were inappropriate for the workplace and against
Twp. Dress policy. Examples include a very short black skirt which LTC Rebholz even brought
up to the Chief. Another time she wore a shirt that partially exposed her midriff. The Chief would
often make comments about how she looked and tried to get us to chime in. On one occasion I was
in a car with the Chief and he leaned in and said, “She’s good looking, right? Isn’t she good
looking?”
During her employment, I noticed that she would periodically wink at me. This made me
uncomfortable for a number of reasons. I was debating bringing this issue forward because it was
inappropriate, unwanted and it made me uncomfortable. I am a married man with high integrity. I
don’t want anyone else seeing her winking at me and assuming there is something inappropriate
going on. But also, it just feels creepy. I do not want her winking at me in front of people or
otherwise. It’s uncomfortable for me personally and it is inappropriate for the workplace. Then

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 during the Police Memorial Service in May 2018, as I was walking by
with my
wife and kids walking right behind me, she winked at me in front of my family. My wife told
Courtney Lovell about it that night and expressed her displeasure. Courtney stated that other people
had complained about the winking too and that she would address it.
The following day, I spoke to Courtney about it in her office and expressed my concerns. Then, in
a meeting on or about 5/17/18 with the Chief, LTC Rebholz, Courtney Lovell, Captain Hensley
and myself we discussed this issue openly. I relayed all of my concerns as did Captain Hensley. I
feel the Chief and Assistant Chief downplayed our concerns and even suggested that she might
have a nervous twitch and that is why she was winking. I am quite confident she doesn’t have a
nervous twitch and she is doing it deliberately. But ultimately, we all agreed at that time it would
be best to have Courtney Lovell address this issue with
informally. It should be
noted that while this issue has allegedly been addressed, she continues to wink at me though with
much less frequency. As recently 1/27/20 along with other times. The last time was the day before
Captain Hensley was written up for not being friendly enough to
In addition to the unwanted winking that
directs my way, there have been other
behaviors that have made me uncomfortable as well. On one occasion, I mentioned that my wife
was outside and I needed to go out and meet with her. My wife had made soup for Lt. Matt Beiser’s
mom, who had just lost her husband. As I am walking through the sally port, I hear a very rapid
clicking of heels behind me. She was practically running after me. I believe it was her intention to
make it look like we were together walking to my wife. She often stays late after her scheduled
shift and has tried to walk out with me. I expressed my concern to the Chief in the past and how
the optics of her staying late and walking out with me or another member of the command staff
might look. Her predecessor rarely if ever stayed late.
cuts articles out that I am
in and leaves them on my desk, she has put cookies on my desk. During “No Shave November” in
2018, she complimented me on my beard saying “You are the only one who keeps your beard neat
and trimmed.” She’s even asked if she can pick up lunch for me after she’s seen me eating lunch.
These behaviors by themselves would amount to nothing. However, in conjunction with the
winking, and her overall demeanor, it makes me uncomfortable and I wish she would respect my
boundaries. I feel this has improved somewhat but it does make me hesitant to engage in personal
conversations with her based on her behavior. She regularly inquires about my personal lifewhether it’s health related (dentist appointment, out sick, etc.), related to my kids, what I did over
the weekend, etc. I answer her politely but don’t continue on for an extended period of time. That
appears to really aggravate the Chief. However, I am always polite, courteous and helpful. I don’t
shy away from any work-related conversations with her. I am not quite sure why this is such an
issue with the Chief.
Within a day or so of the service, my wife posted something on FB that had an image of a woman
winking. When I returned to work the following Monday, the Chief had written up a memo dated
5/21/18 titled “Inappropriate Behavior Complaint” and asked me to review it and sign it. He stated
he had to protect himself (whatever that means) and that is why he was formalizing these events
in a memo. He also showed me the post by my wife that he had copied onto a piece of paper. That
was the first I had seen the post and that was the first I was made aware of it. I had not spoken to

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 her about the post and was uncertain what the context was. I reviewed the Chief’s memo and it
was not entirely factual, and was for the most part his opinion. I also felt it trivialized our concerns
about
and how she interacted with us so I refused to sign it. He stated I could
write up my own memo if I chose and that is what I did. I typed up a memo dated 5/24/18 to the
Chief and HR Director Joan Tumblison titled, “Inappropriate Behavior Complaint.” It was about
that time that I told the Chief that my wife had defriended people from the Police Department so
something she posts doesn’t get misconstrued as be related to my employment with the West
Chester Police Department. He was upset with that and was concerned as how that would look. He
obviously knew what “defriended” meant on FB though he denied knowing what that means in
the interview with Captain Hensley.
After this memo, a policy meeting was held to discuss policy 313 titled “Discriminatory
Harassment.” Normally, myself and Captain Hensley are a part of every policy meeting but we
were not invited to this meeting. In the old policy, regarding notification to complainant, the policy
states “the complainant and or victim will be notified in writing of the disposition of the
investigation and the action taken to remedy or address the circumstances giving rise to the
complaint.” This was changed to say the complainant will not be notified of any corrective action
or discipline – (even though that is public record). It should be noted that the policy they changed
is a Lexipol policy that is written and reviewed by a number of very competent attorneys. This
public record issue is probably why this policy may be different than what you might see in the
private sector. But I feel the Lexipol policy is correct and the change they made (which I was not
party to despite the fact that Captains normally are) was designed to protect
and
“sweep this issue under the rug.” Sometime later I was given a memo from the Chief which
basically stated the investigation was concluded and it did not provide any details as to whether
the investigation substantiated the complaint or if anything was done to address her behavior. It
was clear to me that she was being protected by the Chief and how I felt in the work place was not
a priority. That is very disheartening after twenty-plus years of service.
or find ways to
There are other examples of how the Chief seems to protect
single her out for better treatment. On one occasion, the Chief and I had lunch with Dave Kelly.
Kelly is a retired Asst. Chief. After Dave Kelly met
on the way to lunch, he
says “Joel, you’re a dumbass” insinuating that Joel made an inappropriate hire for chauvinistic
reasons. The Chief chuckled as if he definitely understood what Kelly was implying. LTC. Rebholz
chimed in with “Dave, I told him not to hire her!” The Chief also took
to lunch
for her performance review. To my knowledge, that has never been done before. I believe Courtney
Lovell attended that lunch as well. On another occasion in July of 2019, Chief invited Ms.
to lunch with myself and Dave Kelly. She declined. Again, this should be noted because it’s highly
unusual for an
to go to lunch with command staff. It should also be noted
that she sometimes changes outfits midway through the shift, including when she goes to a Trustee
meeting. As if she dresses inappropriately at work but is careful to dress professionally in front of
the Trustees.
gets overtime to attend the Bridge of Life Program. I cannot comprehend why
she would need to be there. I do not recall Courtney Lovell attending these when she was in that

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 role. She literally just stands next to the already set up and catered food. Meanwhile, the Chief and
Assistant Chief are on our case about overtime expenditures and training expenditures and minding
the budget. I am all for watching the budget for actual police work but I think we need to be
consistent.
After these issues with
I began to be left out of decisions, I was micromanaged
and overall treated differently. The more I complained, the worse things got. I would like to remind
everyone that I wanted these issues handled informally so as not to cause stress or
uncomfortableness in the workplace. It was the Chief that chose to formalize it with a memo. And
after this memo, things went in a downward spiral.
Prior to this incident, I participated in nearly all panel review boards for new hires. After, my
participation is negligible at best. In January 2020, I was scheduled for one out of five panel
interviews. Captain Hensley was scheduled for three, Asst. Chief Rebholz two, Lt. Beiser three,
Sergeant Weingartner two, Officer Berling two. On 1/31/20 there are no command staff personnel
scheduled and Lt. Beiser was put in charge for the day. I was not in charge on any day. I was
available on all days. There were panel interviews on 9/24/19 and 9/27/19 and I was not included
at all. Courtney Lovell had two, Rebholz, Hensley, Officer Dean, Police Tech Oakes, Officer
Berling, Sgt. Weingartner, Lt. Whitton and Chief Herzog once. On 3/20/19 through 4/8/19, I had
two, Hensley, Lovell, and Oakes all had three. In 2018, we were included on all. We were never
advised why a change. On 1/19/20, in the command staff meeting, the Chief stated he sent a
schedule to Courtney for the panel interviews confirming who is to be on the panel came from
him. Also, there have been multiple interviews for civilian candidates that I have had absolutely
no involvement in as is the case with Hensley. The rest of Command Staff was involved.
Examples of some of the other decisions or information that I was left out of after I complained
include:
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

Removal of Detective Mize from Youth Aid
Officer York was tasked to do Twp. training without my knowledge even though he had
four fatal auto accidents assigned to him.
On 11/13/18, in reference to a change in case management, I was told to run it by Lt.
Haering. Haering is not in CIS and is a subordinate. Yet I am being ordered to run it by
him. I felt humiliated. I have to run decisions by people that are below me in the chain of
command to see if it is ok? I feel it’s bad enough that I’m being micromanaged by my
supervisors but now apparently, I have to be managed by a lieutenant., who’s lower in rank
than I.
On 11/20/18, even though I was in charge of reviewing backgrounds, I was no longer
permitted to view polygraphs. These are public records by the way. Courtney Lovell is
trusted with the polygraphs, the polygraph operators are lower in rank than I and they also
have this information yet the captain reviewing the background investigation for
completeness, accuracy, etc., cannot review the polygraph to see if there is conflicting
information? This simply does not make sense. The Chief’s explanation was “he doesn’t
want information getting out.” I have never leaked confidential information and I would
not.

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 





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On 12/7/18, the Public Affairs Unit was assigned to do a PSA video. I was not told about
it at all by Rebholz or the Chief. I was only made aware of its existence through my
subordinates.
2/12/19: I sent Rebholz a text about needing to leave work the following day for an
appointment. He never answered my text. I asked him at 12:10 the following day if he
had received my text. He said he had but he didn’t like answering texts. He then began to
lecture me about going to an appointment in uniform. He did finally approve my off time
in Telestaff. Rebholz stated doesn’t like public records of such things. But then if he
forgets, you get blamed for not telling him so I have resorted to sending texts or emails as
I am not doing anything wrong and have nothing to hide.
Last year sometime, Courtney Lovell went to the Township Level Staff meeting because
the Chief and Asst. Chief were unavailable. Protocol calls for the Patrol Bureau
Commander to go as that person is next in command. But instead Courtney went. I was
not given any explanation why by the Chief nor was Captain Hensley.
8/12/19: Neither Captain were invited to contract negotiations on this date. In fact, we
were not even told about it. I learned about it from Officer Obermeyer.
9/23/19: Chief states he has reassigned Sgt. Bruce, and Officers Burger and Berling to a
special project. He does not tell the Captains anything about this project. To this day, I
have no idea what they were detailed to.
10/15/19 contract negotiations cancelled but we were not notified. I had come in early to
attend them. Chief stated he was notified at 21:30 the previous night but chose not notify
us.

When officers ask Captain Hensley or I about an issue such as contract negotiations, the public
affairs video, or other things we haven’t been included in and we know nothing about them, it
looks bad and it looks dysfunctional to our members.
In addition to the decisions that I was left out of, another source of frustration is that there are so
many standards that seem to constantly change from day to day. What’s correct today is wrong
tomorrow. One example is how we write written reprimands. I have been writing letters of
reprimand for ten years and have used the same format that everyone else used during that time.
The most recent one I wrote; the Chief wanted a signature line added for the officer. That is
something we have never had. On a recent personnel order, I copied and pasted from a previous
order (one that the Chief signed). He corrected it and said we don’t use “PO” we use Officer.
Again, he used “PO” on the personnel order immediately preceding this one. It is as if he is
looking for the littlest thing to criticize. Whether or not we allow officers to adjust or “flex” their
time to avoid paying overtime has been in constant flux. Initially, the Chief said we can’t do that
which I agree with. Then he said we can but only if the officer initiates that but then he doesn’t
want it done all the time. Procedures need to be fair and consistent across the board. Any one of
these issues by itself may not rise to the level of a problem. But collectively, they are a problem
and a source of frustration to me and others. It undermines my ability to do my job and it
confuses the members and hurts morale. Members see how Captain Hensley and I are treated
now. Overall there have been so many changes in how we are treated and what we are involved

6

 in and the reasons for these changes are often not communicated. But the timing of these changes
is certainly suspicious; right after I complained.
Sometime in the Spring of 2019, Colonel Herzog informed us that an anonymous caller had
contacted the Township and stated that they had a picture of the Chief in a “black Face” costume.
The caller had allegedly threatened to go to the media with it. Maybe a day or so later, I learned
that Captain Hensley and his wife and others have actually seen this photo. I was disgusted. A
few days later, the Chief informed me that “they were very close to identifying the caller.” I felt
as though he was threatening that I had something to do with this call when I knew nothing about
it until he brought it forward. In fact, his wife ran into my wife at Kroger and accused her of that
very thing. As I stated, I had never seen the picture before and it is my recollection that Captain
Hensley told me about seeing the photo only after the Chief brought it up and that is what stirred
Captain Hensley’s memory of it. So, it would be impossible for me to make a phone call about
an issue I knew nothing about at the time the call was made.
Captain Hensley decided that he was going to bring this issue to the Township Administrator and
I agreed to attend the meeting as well. Present in the meeting were Larry Burks, HR Manager
Joan Tumblison, Captain Hensley and myself. Captain Hensley explained that he had seen the
picture the caller was referring to and provided details such as the Chief’s son being in the
picture and that they were wearing shirts that said “hands up, don’t shoot.” I have never seen this
photo but I believe Captain Hensley when he says it exists. In addition, his wife and possibly
others have seen it. During this meeting, we both brought up the conduct and retaliation that the
Chief has engaged in and the issues surrounding
We were told that without
proof of this photo no one could take action. As far as the other issues brought forward, Larry
Burks asked us to try to work it out informally with the Chief.
After this meeting, Captain Hensley and I met with the Chief. We explained we would not
tolerate sexual comments or racially insensitive jokes. The Chief claimed he wasn’t aware of
making any such comments but would be mindful of what we had said. The Chief has joked
many times in the past that “If anything gets me fired, it’ll be my mouth.” He once again got on
the subject of how we interact with
He claimed that we were somehow
awkward or “robotic” when interacting with
I made it clear to him that I will
always be polite and professional but after the winking and other issues, I preferred not to engage
in a lot of personal conversation with her. Captain Hensley said much the same thing based on
his own uncomfortable interactions with her where she acted inappropriately. The Chief was
visibly upset with our response but couldn’t tell us exactly what we were doing wrong or what
the conversational expectation was with
He also stated he wanted us to make
sure we inform her anytime we leave the building. We agreed to do that and we have done so
since that conversation. I do not know why she is tracking us in this way.
For the entirety of my career, my evaluations have always been stellar. After filing this
complaint, my evaluation in 2019 was pretty poor. I must say I was both shocked and hurt by this
evaluation. I had been a police officer for approximately 24.5 years with the West Chester Police
Department at that time of this evaluation. During that time, I received numerous
commendations. I was promoted three times (out of three attempts) under three separate Police

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 Chiefs. Other than striking a stationary object with my police cruiser back in the late nineties, I
cannot recall a single incident in which I was disciplined for. And until now, I have never
received a negative performance review.
I conduct myself professionally at all times. I am proud to say that I have a very personable,
positive working relationship with the professionals that I supervise. I am proud of our
collaboration and I am proud of their accomplishments. I routinely leave my office in order to
have regular, productive and pleasant conversations with my people. I truly care about their
safety, development, career and happiness. Lt. Kleinfeldt mentioned this fact in his interview to
become Lieutenant. Another example of this is how I met with Dr. Platoni and pushed for the use
and implementation of her services for our officers to combat PTS and cumulative stress which
is a common occurrence in our line of work and one that is all too seldom discussed. I make it a
point to treat our officers as the hard-working professionals that they are. I do everything I can
not to micromanage them. If I need to ask them something, it is because I need the answer – not
because I don’t trust them to do their jobs. And I often need that answer because it is being asked
of me. I know our officers are fully capable. I conduct myself with Integrity, Commitment,
Professionalism and Courage. Those are our guiding principles. And in fact, I was part of the
committee that defined those principles and I work hard every day to make those principles part
of our culture.
It was also stated in the evaluation that I remain in my office and have minimal interaction with
people in the front office. That this is awkward and unnatural. I would point out that Jan and I
talked and joked virtually every day up until her retirement. One example is we were discussing
a trip I was taking and she gave me lollipops and matchbox cars for my sons to have for the long
drive. Captain Hensley and I have a great working relationship, and are good friends. I have
good interactions with Courtney Lovell and in fact, I recommended her for promotion to her
current position. I work well with LTC Rebholz. We often eat lunch together. I would go to
lunch with the Chief every Friday and we certainly have a laugh and a joke throughout the week.
We rode to and from Columbus recently and had a positive, pleasant exchange the entire time.
As I spoke with LTC Rebholz further about this issue on the review it became apparent that this
issue revolves around
only and not the team collectively. Generally, I would
say I have little work-related interactions with her as she is the Chief’s
and not mine. However, when I do interact with her, I am always professional and courteous. I
greet her regularly and when discussing work related matters, I try to be as helpful as possible. I
have never had an impolite exchange with her and I do not shy away from work-related
discussions. During this discussion with LTC Rebholz, he had asked how I would answer a
question from her such as “how was your weekend?” I indicated my answer would be something
along the line of “it was fantastic.” LTC Rebholz stated that this answer was unacceptable and
awkward which honestly surprised me. To me, this seems like a polite and normal answer. Once
again, they were insisting that I have detailed personal conversations with her even though I have
told them I will not get into in depth conversations about my personal life with
due to her past documented workplace conduct. I simply don’t feel comfortable
discussing my personal life with her. That being said, when she asks about my personal life such

8

 as when my brother was struck by a car, I answer her politely and professionally. But I do not
feel telling her about my personal life in any way benefits the citizens of West Chester nor do I
think it is a job performance related competency. But rest assured, I always have and always will
be polite, helpful and courteous. I often have wondered, if the roles were reversed, and a female
made a sexual harassment complaint about a male, would this have been handled differently?
Still I told them I would consider what has been stated in the evaluation and that I always look
introspectively as I seek continuous improvement in myself. However, I do not believe this
evaluation was fair or accurate. I do not believe it is reflective of the good work I do day in and
day out and I do not think it is truly indicative of the positive relationships I have with my
coworkers.
After 24.5 years of documented exemplary performance at the time of the evaluation, one has to
ask “what has changed?” For 24.5 long years, I have had a very strong work record. The only
thing I can think of is that I complained about inappropriate workplace conduct about people in
the front office. After that time, things have changed quickly and dramatically.
Despite this evaluation, I told them I will continue to be a good leader and a strong performer. I
will continue to conduct myself with integrity, commitment, professionalism and courage. I will
continue to look out for our township, our agency and our members.
I have mentioned that things changed after my complaint about
I was then
micromanaged by LTC Rebholz and him constantly going around me, directing my employees
without me even being made aware. By the way, this is the same thing Captain Hensley is
complaining about now. I told the Chief at that time to ask Captain Hensley about it because he
was experiencing the same thing. After this, I got pulled into the Chief’s Office on 9/10/18.
Chief and then HR Director Joan Tumblison were there. The Chief said he spoke with
supervisors and said it was me not Rebholz that was micromanaging. I asked if he had spoken to
Captain Hensley like I had asked that he do that he could verify that we were both being
micromanaged. The Chief said he had not. I immediately recognized that he was not looking into
my complaint objectively and that was likely due to my complaint and my wife’s FB post. I was
told that I should go and see a Psychologist and if this continued, I would be ordered to go. At
the time of this meeting, I had a positive performance review and no discipline. I probably have
hundreds of emails that would refute this claim that I micromanage. I specifically asked the
Chief to talk to Hensley as he was micromanaged too and apparently the Chief chose not to. I
have a great relationship with my subordinates and I do not micromanage them. This evaluation
will be in my file forever and is public record. It will follow me wherever I go and will impact
my future earning potential. By the way, this was the only evaluation in my career where the
Chief sat in as it was explained to me. The negatives in my evaluation centered around two
things; Micromanaging and
These are the very two things that I complained
about before my evaluation. The message I am receiving loud and clear is “don’t complain about
inappropriate conduct or else”.
As another example of the Chief looking for things to criticize, after our performance
evaluations, I learned from Jamie that the Chief didn’t like the way our offices were arranged. He

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 said we sit in our offices with our back to the doors. (He did not have this conversation with me).
We did rearrange our furniture after this but when the Chief was a Captain in my office, the
furniture was arranged exactly the same way that he is now complaining about. I didn’t move it
because I thought that is how he had it and probably how he wanted it. This issue with the desks
just feel like they are grasping at anything to criticize us for.
I believe it was after our most recent performance evaluations and my rebuttal to the inaccuracies
in mine, the Chief or the Township hired the services of Doctor Cohen. He is a Psychologist and
deals with employment related issues. We met with him one on one about this situation and as a
group. We completed a survey for him and we were scheduled to have another group meeting here
recently but it was cancelled. During the one on one interview, Dr. Cohen focused on my wife’s
Facebook post wanting to know the meaning of it and also about my interactions with
When I explained her inappropriate behavior, and how the Chief and Asst. Chief have
been acting since I had complained, he seemed surprised and agreed that these behaviors needed
to be addressed. However, I left feeling that this process is not about addressing anyone’s
inappropriate behavior. It was about forcing Captain Hensley and I to have more personal
conversations with
It seemed like Dr. Cohen is reporting to the Chief on this
matter rather than the Township Administrator though I don’t know this for a fact. I don’t know
what was said to the Township Administrator. Despite my doubts, I participated fully and would
have continued to participate if it was not cancelled.
A few days after the Lieutenant eligibility list was posted, I was in the kitchen with the Chief and
LTC. LTC Rebholz asked the Chief about Sgt. Lovell attending CLEE. LTC stated that was
typically reserved for lieutenants. Chief said no let it go through and “keep it quiet.” LTC stated
that Sgt. Bruce may have previously put in for this same class. Chief basically said to just check
on that and let him know. The Chief also said he wants to promote at least one more off this list.
He said if Lt. Haering asks to extend, he may tell him no. No other lieutenant is planning to retire
prior to this list expiring with Sgt. Lovell next to promote. (End of January some time) As a result,
Chief knows now that I have information on that decision that could be questioned.
In February 2020, I learned that someone had made a public records request (a media outlet)
concerning the Jeff Couch case. Records filled the request as they should. I heard the Chief was
furious that he wasn’t notified prior to this release. Normally, the Chief would not be notified and
I believe he is only mad because it is the Couch case. I heard Jean Quinn was called into the Chief’s
office and was presumably reprimanded about it. When I saw her, I could tell that she was visibly
upset. I went to her just prior to her leaving for her cruise. I spoke with her in her office. I just
asked if she was doing ok. She indicated her blood pressure was through the roof. I told her to try
to not let this stuff bother her that it just wasn’t worth her health. Then she turned over some papers
and said these are text messages between the Chief and Shelly Couch. She said there are no public
records exceptions that would keep these from going out. She said she was struggling with how
our process works because she is basically just trusting that the Chief turned over all of the text
messages and she feels like as the keeper of records, she is basically swearing that this is all the
records we have but because of how we do it, she has no way of verifying that. I glanced at the
text messages. The Chief texted something to the effect of “don’t they know who they are fucking

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 with” Shelly Couch responded with something to the effect of “I just don’t want it affecting Jeff’s
sentencing next week.” Chief responds with something like “they shouldn’t be fucking with people
of privilege.” It should be noted that I only glanced at these text messages so I may not have the
content completely correct but I left thinking that this text conversation was inappropriate and
shouldn’t have happened.
The Chief has acted inappropriately since the start of this case. He called an attorney I believe
trying to get Couch an early bond. It is common knowledge he tried to visit him at the Butler
County Jail. Now, he is seemingly interfering with public records requests. When it comes to
improperly handling or hiding public records, I believe the Chief has done this at least two times
in the past to try to get people out of the department, Jean Quinn and Officer Seitzman.
Officer Lauren Bass was given a sizing chart for new uniforms specifically designed for female
officers. It was inappropriate, in that when asking what body type she was it asked things like
“baby got back?” This was from the manufacturer and not from the Chief, but when I provided it
to the Chief and the context of it, he refused to hold onto it, so I had to retain the copy myself
because I was concerned if Officer Bass makes a complaint about it and since the document was
circulated, I feared that legally, it would be considered a public record. At the time, she thought
someone was “messing with her.” All these incidents collectively are why I am concerned about
these texts and whether the rules will be followed. Again, Jean Quinn, our expert on public records
states there is no public records exception to keep these texts from going out.
Regarding social media, I was brought into the Chief’s office over a post made by my wife that in
no way mentioned the police department, its personnel or its operations. When I explained this the
Chief became highly agitated. I have been treated poorly despite the fact that my wife took it down
after learning it upset the Chief. I should mention that this post didn’t mention West Chester in
any way. My wife learned that it upset the Chief and immediately took it down. She now only
posts light, funny content or something relating to our kids. It would be interesting to hear the
Twp. attorney’s viewpoint on what my wife is and is not allowed to post as a private citizen.
Captain Hensley was put on a performance plan over his wife’s social media posts which also do
not mention the police department, its personnel or its operations. Now there is an internal
investigation over what occurred in that meeting and after. So, there is a pattern.
Yet the Chief doesn’t seem to care what actual officers are saying on Twitter, including Sgt. Lovell.
On 2/14/20, Chief posts on Twitter:
“Police Officer Maggie Clem has a holiday message for everyone – Roses are red, police lights
are blue, follow the law-it’s the right thing to do”
Sgt. Brent Lovell re-tweets this message with the comment:
“Going the extra mile for the community @westchestertwp great job Maggie!
Officer Matt Young replies on Twitter:
“How is this going the extra mile for the community? LOL!”

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 Sgt. Lovell responds:
“Coming to work everyday not bitching and making the best of a job. Having a good attitude
and not complaining makes a better attitude to serve the community. If only some would do this
maybe the department would have less drama”
Officer Young replies:
“I completely agree! I don’t see how making a poem makes it going the extra mile for the
community. There are MANY officers who do what you state everyday and are not recognized!”
Sgt. Lovell responds:
“That’s leadership problem which should be addressed”
Lastly, Officer Frey responds with a pic of a Steve Austin and it says “What?”
“Lol, since when is telling people not to break the law “going the extra mile”? Hey everyone
pleeeeease don’t break the law and have a great day…Boom, marathon!
Lt. Whitton brought this issue to my attention on or about 2/15/20. On or about 2/16/20 I met with
LTC Rebholz. I explained the situation and that it was a clear violation of policy. I told him Sgt.
Lovell has been acting extremely cocky and is really upsetting many of our members. I told him
he re-tweets about everything the Chief tweets and he is the only person on the PD doing that. I
said there are several members who are on twitter and they see Sgt. Lovell constantly re-tweeting
everything the Chief tweets. I told him how I had already had to call Sgt. Lovell in (after the Officer
Seitzman Complaint) and tell him to stop boasting about his personal relationship with the Chief.
I said when he now continuously retweets everything the Chief tweets it is further irritating our
officers and making them think he has a direct line to the Chief. I also explained my concern that
Sgt. Lovell not be given any kind of preferential treatment. LTC Rebholz looked right at me and
said “well, let’s face it he does have a direct line to the Chief.” I told him I thought all three
deserved PSL’s. He agreed and said he would talk to the Chief about it. On or about 2/18/20 I was
called into the Chief’s office with the Chief and LTC. Captain Hensley was not called into this
meeting despite the fact that I brought up calling him into it two separate times and Sgt. Lovell
falls under his Bureau. We discussed this issue and because of the concerns about Lovell getting
preferential treatment the Chief agreed to let us handle it. He asked how we would like to handle
it and I said a PSL for all three. LTC stated he concurred. Chief said he would like to see Brent’s
PSL worded a little less harsh because he felt like “his heart was in the right place.” The Chief
really didn’t want a PSL for Brent when he is a member of the police department and clearly
violated policy making statements that could hurt the reputation of the department and its members
yet for an ambiguous post that is made by a spouse that in no way mentions the police department,
its operations or personnel, the punishment is much more severe.
, the Chief’s wife,
posted on social media taunting a Channel Five News Reporter saying “Careful, careful, don’t bite
the hand that feeds you or you spouse/boyfriend. It might come back to get ya. Or the hoops your
jumping through.” This was during the Ellie Weik murder investigation. She is basically
threatening
from Channel 5, who by the way is the significant other of our Fire
Chief. When I asked the Chief about this he just said “well, that’s why I am not on FB.” The

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 Chief’s daughter
plenty to say about the Jeff Couch case on FB. Those were both
ongoing criminal cases that his wife and daughter were commenting on. Our wives’ posts were
not about any open investigation and did not mention West Chester Police or any member thereof.
The irony and double standards here are unbelievable! It’s important to note that the above
referenced social media posts happened after my wife’s ambiguous post.
There has been an appearance of favoritism between the Chief and the Lovell’s since at least 2015
that is causing issues with the members and morale. There is the memo to Officer Tim
Mintkenbaugh who I believe was the FOP President at the time. I would need to speak with Officer
Mintkenbaugh to be able to provide better context to this letter. This letter states concerns about
the Chief’s ability to remain fair and unbiased regarding department personnel/opportunities is a
concern because of his relationship with patrol officers. Whether founded or not, there is a
perception that confidential information flows freely between the Chief and the patrol officers he
is friends with. This raises concerns that negatively impact integrity and trust.
Officer Steve Seitzman also filed a complaint. In that complaint, Officer Seitzman alleges that Sgt.
Lovell on many occasions suggested that he has a direct line to the Chief, and that he is friends
with the Chief. Officer Seitzman felt the relationship was unfair and inappropriate. As a result of
the investigation into that complaint, I was directed to verbally counsel Sgt. Lovell about
essentially bragging about his friendship with the Chief in front of our members and that the
comments he is making are causing others to feel jealous or angry.
After this complaint was filed, Steve Seitzman had requested a schedule adjustment during a week
he had training. Lt. Quinn and I facilitated this as he still worked the same number of hours it
simply made it more convenient for Seitzman. I was then called in to the Chief’s office. He was
visibly upset. I think it is important to note that neither I nor Lt. Quinn saw any issue with this
schedule adjustment. Had this not been Steve Seitzman, I seriously doubt there would have been
an issue at all. But it was clear to me that because it was Steve Seitzman (someone that complained
about Sgt. Lovell) it was a major issue.
Now, in the most recent promotional process, Sgt. Lovell scored second overall. There have been
significant “rumblings” from the rank and file about how in the world Sgt. Lovell could achieve
second overall against much more experienced sergeants. Lt. Quinn mentioned that he verbally
reprimanded Sgt. Lovell for routinely calling the Chief “Joel” in front of all the officers and other
supervisors. I don’t even call him Joel and I am a Captain.
Another example of me being left in the dark on something very important is that recently, we had
an incident where someone placed a “mental hold” form in the mailbox of an officer on light duty
and who is struggling with PTSD. The Chief sent out an email to the entire department. I received
the email and had no idea what it was even about. When officers asked me about it, I was of course
unable to provide detail. The chief sent two subsequent emails about this issue afterwards. I was
aware of those. I received information that at least one of these emails was sent to Brent to review
prior to it going out. I also learned that Sgt. Lovell, prior to being assigned to Community Affairs,
had asked Officer Obermeyer if he wanted to go to Traffic Safety. The appearance is that he already
knew he was going there even before we did. And that is probably accurate. But I think all of these

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 issues I have mentioned taken collectively call into question whether Sgt. Lovell is treated the
same way by the Chief as other members of the department. And I think it is that relationship that
is what is upsetting our members. They feel Sgt. Lovell is receiving preferential treatment by the
Chief and this idea has been going on for at least five years. It is upsetting to many of our members
and it hurts the morale of our members.
On 2/21/20 Lt. Haering and Sgt. Weingartner came into my office at approximately 10:05. I was
told I needed to be interviewed as a witness officer. They asked me to be at HR at 10:45. I was
interviewed by Lt. Paul Haering and Sgt. Mark Weingartner. The following transpired:












I was advised I was being interviewed as a witness in internal investigation number 20-01.
I was not served with administrative charges or read a Garrity warning.
I was asked if Lt. Quinn spoke with me about a FB post. I said Lt. Quinn saw a FB post by
that gave a definition of cronyism. Lt. Quinn indicated he spoke with
Captain Hensley basically inquiring if the post was related to work. According to Hensley,
he stated he isn’t on FB and doesn’t monitor his wife’s posts. Basically, her posts are her
posts.
I was asked what did I do once I learned of this conversation. I stated I mentioned it to
Jamie. Jamie basically said the same to me. That she can post whatever she wants, he isn’t
on FB and he doesn’t know what it’s about.
I was also asked if I met with the Chief about it. In this meeting, the Chief addressed social
media very generally and I stated the Chief was upset with me because I had not brought
this forward. I explained that the post didn’t say anything about West Chester so I didn’t
think much of it. I stated I apologized to the Chief but that I just didn’t recognize the
relevance at the time.
I was told that the Lt. promotional list was posted two days prior to
post. I was
asked if I could I see why people would perceive this as related. I explained that I didn’t
know that it was within two days. I didn’t really know the exact date the Lt. posting went
up nor did I know what date
FB post was so I didn’t make the connection.
I was pretty nervous. I was asked a lot about specific dates which I could not remember
any. I had trouble initially remembering some of the details but I did provide the above
listed information in a recorded interview.

I was concerned about the line of questioning here and the overall tone of this interview. Despite
the fact that I did nothing wrong, I felt as though they were trying to trip me up or build some kind
of sham case against me that I was holding back information or not being truthful. I was asked to
remember facts that could easily have been verified by other documents that they had in their
possession such as the date of the posting and the date of the FB post. I was asked to make
assumptions about what other department members were thinking about
post and what
conclusions if any they were making. I felt the entire line of questioning was inappropriate. This
surprised me because I feel these members normally do fair and impartial investigations.
I feel it is important to note that throughout this entire ordeal, I don’t think the Chief ever asked
me if everything is ok or what he could do to help or how can we better work together? I never felt
that my discomfort in the workplace was ever taken seriously or was in any way a priority. I’ve

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 always wondered why
comfort level is so much more important than mine?
But what I can say for certain is that after I complained, matters only got worse.
When I first became a Captain, we were involved in nearly every major decision affecting the
department to include panel interviews for hiring, policy changes, conversations about major cases,
tasks our personnel were detailed to and more. It was exciting and fulfilling. After I complained
about
that all changed. When I then complained about being micromanaged, I
was reprimanded. That is really disheartening considering I have known the Chief and Assistant
Chief for 25 years and considering my exemplary work record. If our rank and file didn’t think
that cronyism was occurring, then perhaps they wouldn’t be making the direct connection that the
Chief claims members are making between the social media post and how Sgt. Lovell is favorably
positioned.
It pains me to all say this after knowing the Chief for 25 years. The favoritism, the racial
insensitivity, sexual comments, are completely contrary to our guiding principles of integrity,
commitment, professionalism and courage. I fear that if this behavior is allowed to continue it
could be disastrous for me and many of our members and possibly spill over affecting the
Department’s public trust with the community. Employees are leaving at an alarming rate. They
are dissatisfied and morale is poor. This is despite my best efforts to keep people motivated and
encouraged. I think because the favoritism and other conduct is obvious and undeniable to our
members, it difficult to overcome.
This was not at all an easy decision to once again risk my career and bring these issues forward. It
certainly would have been easier and safer for me to just keep my mouth shut. But I truly love the
West Chester Police Department and the West Chester Community. I think we have something
special here and I do not want to see it ruined. I want to see the inappropriate behaviors stop. I
want to see personal boundaries respected. I want the inaccurate and false information removed
from my files. I want to be part of the decision-making processes that are on par with a Police
Captain to be involved in. I want to feel valued and appreciated again. And I want the retaliatory
behaviors to stop. I know that while I am not perfect, I am a good leader and I am good at my job.
I want to be permitted to perform my duties properly without being micromanaged and I want to
be supported in my role as all of our employees deserve to be. Mr. Burks, I look forward to hearing
back on these issues.
Respectfully,

Captain Joe Gutman #87
Patrol Bureau Commander

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