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Thursday, November 15, 2007

Investigation reveals rift between trustees, police

Misconduct case “lacks merit”

Thursday, November 15, 2007

Based on an investigation by Dane County Sheriff's Office detectives, Dane County District Attorney Brian Blanchard dismissed a complaint filed in
August by two village trustees against two Mount Horeb police officers.

Blanchard declined to pursue charges in the matter, noting the case "lacks merit" and charging the officers with felonies would be "overkill."

However, the supplemental report summarizing the investigation sheds light on a dysfunctional and often bitter relationship between village officials
and the police department, which has been festering for more than a year.

In his summary of the case, Blanchard observes "this is a complex affair that involves systemic problems in Mount Horeb at this time."

In the wake of the findings, village officials said they hoped for a "fresh start" between the two sides.

"As a result of the report, we've had discussions with [village] staff and the trustees on the issue," said Village Administrator Larry Bierke. "All in all, I
think the board now recognizes the value of a positive relationship with the police department. From my standpoint, I think the issue has been taken
care of."

According to the report, Trustees Rollie Schraepfer and Don Steinhauer filed misconduct complaints against Officers Matt Kakuske and Robie
Blankenship stemming from what the pair claim was unprovoked surveillance of Schraepfer's and Steinhauer's respective residences on the night of
Aug. 7.

Until last week, Schraepfer was chair and Steinhauer one of two members-at-large of the Public Safety Committee, which, along with the Police
Commission, possesses authority for general police department oversight for the village board.

Kakuske, in his statement to detectives, admitted he had "circled the block around Steinhauer's residence in his squad several times while Officer
Blankenship was parked nearby."

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Asked why he had done so, Kakuske told investigators "he wanted to make his presence known by Steinhauer." The report adds, "(Kakuske) indicated
that this act was done in response to Steinhauer following the officers and wanted to convey a message that his actions were not appreciated."

Counter-accusations by officers that Steinhauer and Schraepfer had been performing their own surveillance of on-duty police in the weeks preceding
the incident are noted throughout the report. Detectives at one point summarize the situation as "essentially a cat and mouse type of game" between
the two sides.

Schraepfer told detectives he had never engaged in surveillance of on-duty officers. Interviewed this week, he characterized the counter-accusations
as "untruthful."

"Our challenge to [the police department] was, 'You guys are trained observers. If we were following you, give us some proof.' Because I never did it.
Otherwise, all you're doing is saying I did because you got caught with your hands in the cookie jar."

Schraepfer noted he had filed an open records request to obtain any documents or 911 center records in which officers reported being followed by
either of the trustees. He said no such records had been found.

Steinhauer admitted to detectives that he had "been monitoring the police department." Last week, he denied that the "monitoring" included
surveillance of officers.

"After work, I'll usually take a [drive] around town. I've been doing it for years and more so since I was elected to the board," he said. "I try to get
around once in awhile and just see what's going on. That's just my routine. I'm not following [police officers] around."

Mount Horeb Chief of Police Scott Sterland said that officers would only document incidents in which they were observed by unknown parties or during
response to a criminal matter.

"These were not unknown. It was Don and Rollie," he said. "The DA said the case lacks merit. That means there's nothing there."

Blanchard's final note in the report states, "It appears that the officers, to a degree, 'took the bait' of persistent critics. They have an obligation to rise
above such static, and clearly crossed a line."

Sterland said he was made aware of the activity "prior to the investigation, but after [the Aug. 7 surveillance incident] had occurred." He said he
responded by instructing his officers not to engage in the activity.

"Immediately after it came to my attention...I sent a memo to [the officers] explaining that it was not acceptable behavior and it was not something I, as
police chief, condone," Sterland said. "To my understanding, that happened one evening. It never happened again. After sending that memo out, it
stopped."

Sterland added that he does not intend to take formal disciplinary action against the officers.

The Sheriff's Office was contacted and asked to conduct the investigation by Sterland after discussing the Aug. 7 incident with Bierke. Sterland said he
wanted an "impartial third party" to evaluate the accusations.

"The intent of this whole thing was to get to the truth," Sterland said. "We wanted to assure everyone involved that this was an independent
investigation and there was no bias toward anyone involved."

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In addition to the surveillance incidents, Sterland requested investigators examine what he termed "highly disturbing" information disclosed to him by
Lieutenant Jeff Veloff.

According to the report, at a closed session Public Safety Committee meeting in August, Schraepfer "told [Veloff] that he had called the Attorney's
General office...and had concerns 'in case somebody tries to snipe me.'"

"This is a very serious and reckless allegation to be made by anybody, let alone a public official," said Sterland. "It is something I cannot ignore. It is an
allegation that tends to suggest our department is corrupt. And that is the type of allegation I will always do my best to defend. None of my officers are
rogue officers."

Blanchard's report makes no specific comment on the matter.

"It's still a concern," said Schraepfer, who served as a Mount Horeb police officer for six years under former Chief George Mayerhofer. "There hasn't
been any real resolution to this other than [the surveillance] has stopped for now. Do I trust them? Not any further than I can see them, based on their
conduct."

He declined to say whether he was, in fact, pursuing the matter with the Attorney General.

The supplemental report alludes to a particularly contentious relationship between Sterland and Schraepfer. Several officers interviewed speculate that
fallout from a personal dispute between the two has led to retaliatory actions by the trustee against the chief.

According to the officer's statements, relations between the two soured following an episode in which police declined to issue a citation to Mount Horeb
Fire Chief Chuck Himsel for a vehicle accident in the parking lot of Trollway Liquors, property owned by Schraepfer, in the summer of 2006.

Officers investigating the incident concluded at the time that since the accident occurred on private property, no citations should be issued - a decision
Schraepfer vehemently protested to Sterland in conversations and letters over ensuing months.

In his statement, Schraepfer acknowledges "he was not satisfied with [the] disposition of the crash," but says that "he and Sterland had basically
agreed to disagree."

"There's been a lot of spin put on that [incident]," Schraepfer said. "It did not affect anything that I have done on the village board."

Both Schraepfer and Steinhauer were elected to the board in April 2007. They were appointed to the Public Safety Committee by former Village
President John Zimmel, an outspoken critic of Sterland.

Over the past year, Sterland has come under intense scrutiny and criticism from the board for a number of items, including his management of police
overtime and an undercover liquor compliance check he authorized in October, 2006 in which citations were issued to several local tavern owners and
employees for serving alcohol to a minor.

In August, the board voted unanimously to recommend disciplinary action, including a possible suspension, against Sterland for what it termed "misuse
of village resources and staff." The allegations stemmed from the use of an on-duty officer and an administrative assistant at the Wisconsin Chiefs of
Police Association Conference in Madison.

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After review, those charges were dropped by a 5-0 vote of the Police Commission last month.

Schraepfer presented a recommendation to the board in September that the village consider outsourcing a number of police functions to the Dane
County Sheriff's Department, a move that would eliminate Sterland's position. To date, no formal action has been taken on the matter.

While acknowledging that the perception exists, Schraepfer flatly rejected the suggestion that any of these issues are rooted in a personal grudge
against Sterland.

"These are all things we were given to bring up at Public Safety meetings either by citizens or the village president," he said. "I think people with limited
information are coming to judgment and rendering conclusions and it's too bad."

With the official investigation closed, Village President Jim Buechner, who was appointed in October to serve the remainder of Zimmel's term, has
taken swift action to "move forward" with healing the rift between the village and police.

"There's no reason why we shouldn't have a good relationship. Going forward, that's my goal," Buechner said. "After those matters went to the Police
Commission and after their ruling, I thought it was time to start with a clean slate and go on from here."

At the Nov. 7 board meeting, Buechner announced that Schraepfer and Steinhauer had been replaced on the Public Safety Committee by Trustee
Mark Gnabsik and newly appointed Trustee Mike McNall. Buechner will remain as the third member of the committee.

He has started meeting with Sterland on a regular basis to discuss police and other village matters.

"That's really how you combat those types of problems," Sterland said. "You keep the lines of communication open. Everybody knows what everybody
else is doing. When that happens, you have understanding and you're able to gain mutual respect."

Though his committee assignment has been changed, Steinhauer stressed that he plans to continue to monitor police department activity as part of his
broader responsibility as an elected official.

"I don't have a vendetta," he said. "When I ran for the board, my big issue was seeing the Village of Mount Horeb run their checkbook like you or I have
to run ours. If you're going to look for the most waste, you look where the most dollars are. In our budget, that's the police department. So that's what
I'm keeping my eye on."

Schraepfer admitted he was "relieved" to be stepping away from the Public Safety Committee. However, he also admitted he is still interested in
resolving some of the open questions not addressed in the Dane County investigation.

"We still don't know where this was initiated from," he said of the police surveillance. "And it still seems like someone should be held accountable."

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