March 5, 2020 Timeline March 2018- and two others receive 2nd interview with Chief Herzog, LtC. Rebholz and Courtney Lovell o Capt. Gutman sees her leave Chiefs office and makes comment to Chief that she should not be hired because of her looks and that will be trouble. • March 28, 2018- • April 3, 2018- Gutman's wife attends an officer swearing in the evening for the first is hired as time. She had asked the Chief's wife to attend with her. • April 23rd & 3oth, 2018- Capt. Hensley's wife post on Facebook disparaging comments reference single women conversing with married men. • May 15, 2018- Police Memorial/Open House winked at Capt. Gutman in response to his nonverbal hello facial expression. Capt. Gutman's wife, was upset with the wink. approaches Courtney Lovell and advises her that she is upset over the wink. Courtney advised that she has had wink at her also but that she would bring the issue forward. • May 16, 2018- Capt. Gutman spoke with Courtney about the wink incident and requested to bring it to LtC. Rebholz attention. • May 17, 2018- Chief Herzog is advised of the incident by LtC. Rebholz. It was set to be discussed after the Command Staff meeting in the afternoon. The meeting ran over and the issue was not discussed but was agreed to be discussed first thing the next morning. • May 18, 2018- Meeting in the Chief's Conference Room to discuss the wink incident and other concerns that Capt. Jamie Hensley had to bring forward . The captains felt attire was inappropriate for the workplace (skirt too short, heels too high}. Chief Herzog advised he has not seen any violation of our dress code policy. Captains working past 4:30pm . Captain Hensley ask that uncomfortable with Chief Herzog meet individually with them to reduce awkwardness oftalking about the issues in a group. o In the days following, Chief Herzog meets with everyone individually. o Courtney Lovell stated she has seen wink at her regularly. She o stated she has not seen say or do anything inappropriate. Courtney advised that she feels attire is within policy. Capt. Jamie Hensley stated that he heard of some things that concerned him. He stated that it was all unsubstantiated (rumor, gossip, Facebook} and he wasn't comfortable bringing it forward and contribute to false rumor. He stated there was t hree incidents t hat made him uncomfortable. 1} asked him a question about priority filing after he changed to his civilian attire and was walking out. 2} On a busy day when he had not had time to go to lunch, 1 o o o o • • asked him if he wanted her to pick him something up as she went to Administration. 3) After he had changed to his civilian attire, met him in the hall outside his office to bring him a paper to be placed in his office. Capt. Hensley stated he was uncomfortable with these incidents because he didn't know if she had some other intentions and did not feel it was appropriate for her to talk with him after he has changed clothes and was preparing to leave. LtC. Brian Rebholz stated he has not witnessed any inappropriate behavior or dress code violations. Capt. Gutman initially stated he didn't have anything further to bring forward but then said he also heard about unsubstantiated occurrences from past. He also did not want to give specifics to contribute to rumors without confirmed information. May 18th both captains advised they wished that the Chief handle this in-house. texted Courtney Lovell to inquire what the Chief was doing to address the wink. makes a Facebook post of woman win king and made some negative comments that Captain Hensley's wife commented on. o Once Chief Herzog became aware of the post, he was concerned this issue was bigger than something that could be handled in-house since it was being loosely discussed on social media and outside the department. The Chief decided to bring this issue before HR Director, Joan Tumblison, with a memo on May 21, 2018. May 22, 2018- Capt. Gutman and Capt. Hen sley were asked if they wanted to fil e a formal complaint. • May 23, 2018- Both captains advised they wished that the Chief handle this informally. • May 24, 2018- Capt. Gutman submits a memo to the Chief, with the HR director copied, of his account of the issue. • HR director, Joan Tumblison, coordinated with the Chief for the response of the looking into the incident and complaints. Since it was established that has been seen winking to several individuals of both sexes as part of her general conversation and did not appear to be anything other than her mannerism during normal conversation, she felt it would be making an uncomfortable work environment for a new employee to discuss it if there did not appear to be an issue and was an innocent gesture. Joan advised t o keep monitoring the situation for any inappropriate winking or behavior. The clothing worn by was monitored and not seen to be outside of regulations and no one brought any clothing issues to the Chiefs attention. As far as staying after 4:30, her scheduled time, it appeared to be that as a new employee she was merely trying to impress and was normal in her businesses. Chief Herzog did talk with her to advise as an hourly employee she was not expected to 2 stay later and that it was technically not proper so she should wrap things up at 4:30. It was noted that • was leaving between 4:45-5:10. May 2018- The discussion was had reference working with female employees. The scenario was given how Capt. Hensley would handle if a training officer stated he would not train a new female officer because he was uncomfortable. Capt. Hensley stated he would assign someone else to train . I asked if it was a new officer of a different race. Hensley stated that was different. I advised they both w ere protected classes and that an officer cannot show bias. Shortly after this conversation, Capt. Hensley assigned Officer Dunlevy to train new officers Lauren Bass. Dunlevy went to Hensley and stated that he would be uncomfortable training a female officer and his wife would not be happy. Hensley changed the training officer. I was very concerned that Hensley would make this change for the reason given. I personally spoke with Dunlevy to get clarification that discriminatory practices were not being implemented since Hensley provided no further explanation to his decision. I ultimately allowed the switch of training officers under different reasons. I am concerned with Hensley willingness to change assignments solely due to gender. • The captains normally worked until at least 5pm and many times later. They begin closing their doors daily at 4:30p to change clothes tci quit working. • Capt. Gutman placed an 8x10 photo of him and his wife in his office so as soon as anyone looked in or walked by that is what they would see. His wife isn't winking in the photo but she has an interesting facial expression. Capt. Hensley followed suit shortly and placed a photo of him and his wife in his office facing so anyone walking in would see it. This may be coincidental but the timing of this after complaining on is suspect. • Numerous post ings on Facebook from that coincide with police department incidents, events, or issues with Capt. Hensley. Absolutely her right, but disruptive to our operations and aggravating. • would post something similar to the Chief's wife, after • posted it on Facebook. "liked" something about leadership that earlier. This meant that • post minutes was reviewing all of Herzog posted 6 months past post. August 17, 2018- Capt. Gutman claims that LtC. Rebholz is retaliating against him for his complaint against He cites times that LtC. Rebholz has spoken with him about issues. He stated that Rebholz interferes with his command and request I speak with Lt. Tivin and Lt. Beiser. I met with both lieutenants individually and learned that neither feels Rebholz interferes and in fact they believe he is supportive. Both lieutenants state that the issue is that Capt. Gutman is a micromanager and his autocratic leadership style is difficult to handle. • August 21, 2018- The Chief and Asst. Chief was having a conversation with Lt. Tivin just outside Capt. Gutman's office. Gutman walk in and walked past us and straight into his 3 office without inquiring what we were talking to his lieutenant about. This appeared that he was upset that his lieutenant was talking with us without going through him first. This behavior hinders operations if a lieutenant can't speak with the Chief without fear of reprisals. This same day, Capt. Gutman was upset about the Chief's decision to have civilian employees shirts be blue instead of the black that sworn officers wear. The chief also had the shirts ordered that were specifically for women instead of the normal shirts. Gutman was upset he was not involved in the decision. • September 10, 2018- meeting in chiefs office with HR (Joan) present to discuss previous issues. Capt. Gutman had no self-reflection or acceptance of what the lieutenants reported. • Captains came into chief's office to discuss some issues. They would not refer to by name, only "she", "her" when they referred to Courtney, Jan, and others by name. When I asked who they were referring to in an attempt to force them to say name, one of them (I don't recall which one) pointed towards the door where her desk is outside. I gave a puzzled look and one finally stated Ms. • There was another time when Captain Hensley would only refer to as Ms. when he was referring to others in the same conversation by first name. I brought this to his attention how he treats her differently and it's not professional. During this meeting he displayed his disdain of Courtney Lovell. He referred to her having "amnesia" because she didn't recall seeing any improper conduct of that he brought forward. I also talked with the captains about proper office etiquette and being professional. They felt they both are professional. I advised that they are not professional and they are robotic towards Capt. Hensley advised that she is my secretary and he does not need to converse with her and he will not disrespect his wife. I advised her title is and that she handles much more for our office than just to me. I advised that they are to notify her when they are leaving the building and when they will return so when people come to see them she has an answer to give when they inquire. Hensley stated he will not tell her he is leaving and that he has two phones and a radio he can be reached on. I advised that he will tell her as most people look to her for answers due to her physical location in the office and that she usually has the answer. This was another instance where Capt. Hensley feels having normal office conversation with is not necessary. • During a meeting with Captain Gutman after his evaluation he was advised how he and Capt. Hensley have become distant and remain in their offices with their back to the door on their computer and that is less than inviting. He was also advised that it is noticed that he will not come out of his office and engage in conversations in the hall near desk as was always the practice. These were examples given to his question of what has changed with our office cohesiveness. Shortly after, Capt. Gutman rearranged his office so his back would not be at the door. He must have spoken with Capt. Hensley because he rearranged his office also. 4 • July 01, 2019- HR Director, Joan Germann reaches out to Dr. Henry Cohen to illicit his assistance to rectify the irregular behavior in the chief's office area. • Individual meetings with Dr. Cohen by all chief's office personnel. • Groups sessions occur with office personnel. • After several discussions about professional office behavior, both captains say good morning and good evening to day. If They will avoid any conversation throughout the asks about their weekend, they will only say it was fine and will not offer anything further and will not ask how hers was in return. There have been times when has asked Capt. Gutman something specific about his weekend only for him to ask how she knew about what he did. It should be noted that only knows of some specific event due to Capt. Gutman mentioning it to another in the hall within earshot of This type of response has made her feel uncomfortable and she has brought it to Courtney lovell's attention. • October 28, 2019- Chief Herzog instructed to get with one ofthe captains to have them log her into OHLEG to get the training requirements completed. When the Chief inquired if one of the captains got her logged into OHLEG, she replied that she went to Captain Hensley for assistance and he advised it would be easier for her to go to Records and have one of them log her in on one of their computers. Capt. Hensley is the department administrator for OHLEG. felt uncomfortable with continuing to ask Capt. Hensley for assistance so she asked Rita lewis to assist her. They had trouble logging in so Capt. Hensley had to ultimately help with getting Rita and access. The Chief and Asst. Chief called Capt. Hensley in to inquire why he didn't just log in on her computer instead of sending her away for someone else to assist her. Capt. Hensley became immediately defensive and agitated towards The Chief had to ask him to calm down that he was merely inquiring what had occurred to ensure there was not a refusal to assist due to past issue. Capt. Hensley calmed down and stated that he understood why I needed to question him. • The Chief believes that it was the night after this discussion that received an anonymous harassing call on her personal cell phone in which the female caller stated "You're a nasty whore." and hung up. was advised to report if any more calls came in. She had not reported that she received any more calls. • November 16, 2019- Capt. Hensley attended a black tie event as a guest of the West Chester Citizens Police Academy Alumni President and is introduced as a WCPD captain to the Cincinnati Police Chief at the event. He never gives the Chief or Assistant Chief the courtesy of notification before or after the event where there was a nexus to the police department. Social media post reference Jamie Hensley, Captain West Chester Police & the West Chester Police as ifthis was an officially sanctioned event. • December 16, 2019Courtney, Joel, and Brian were having a discussion at desk and asked Jamie to come out of his office to engage in the conversation. Jamie came into the hallway and walked to a position where he could see everyone 5 1 i except He stood where the block pillar blocks his view of and her view of him. If he would merely have walked right out his office and stepped closer to counter, everyone would have been in view. This once again left an awkward feel during the conversation. Rebholz talked with Hensley about this incident and he didn't see it as an issue because he stated he wasn't talking to This is the exact behavior the Chief, Asst . Chief, HR, and Dr. Cohen has talked to Hensley about with the different treatment of • February 21, 2020- Hours after Capt. Hensley is notified and questioned in an internal investigation into his dishonesty, he walks his wife into the PO (Ch ief's Office Area). In a loud, exaggerated voice she says "Hello Courtney" who is down the end ofthe hall and again in a loud voice says "Hello, as she walk past. This was unusually activity as when she has come in in the past, other than once, she has ignored and not spoken to Courtney. • February 27, 2020- Capt. Gutman sends an email stating he will be out of the office the following day. He send this email to Barb Wilson, Lt. Whitton, Lt. Quinn, & Lt. Kleinfeldt. He Cc' d LtC. Rebholz, Courtney Lovell, Capt. Hensley, & Chief Herzog. He included everyone in the chief's office except exclude This is a pattern of behavior to even though he has been instructed to let her know when he leaves the building for when members inquire to her. • March 2, 2020- Courtney Lovell walked new employee, Kayla Cox, around to meet everyone. Neither captain stood up or walked around their desk to shake hands. They remained seated and merely said welcome. This may be over critical but seems to follow a pattern of not interacting with a female employee that they have not known. This is not the welcoming environment I like to have in the office area. 6