FINAL REDACTED SCOT)| KRONENWETTER POLICE DEPARTMENT Community Focused, People Fit” Established 204 CHIEF OF POLICE DANIEL, JOLING COPY -oucunw TERRY F. MCHUGH June 19,2014 fc Anco Zoran ‘orermtor Poice Department {582 Kronanwotr Deve ronan MSHS SUBJECT: Fling of Formal Charges for Due Process Hearing f Dae fcr Zoran, “The folowing fing of formal charges for your du procass bearing is result ofa Clizen's Complaint submited ‘ev’, 2014 ut Comat was fk wae assgnd to LT Tey McHugh o conduc an oma ars hvessgeon an he raul of tat nvestigaton ar the basis fortis personnal acon. 1 12. 201 Prva Lifer “Police officers wil behave in 2 manner that does not bring dscredi to their agenctes or ‘themeoWves. A police offlea’s character and conduct while off duty must always be exomplary, thus ‘maintaining @ postion of respect in the eommunly in which he or she ives and serves. The office's personal behavior must be beyond reproach b, 20111 Conduct unbecoming an Officer: “Oficers shal ot engage in any conductor actty while on oF of ‘uty that reflects discredit on the offcers, tends o bring the department into dsrepute or pak ts ecient and effective operation.” 201.32 Prohibited Conduct: “Employees shall not participate n any Incidents involing moral turpitude which ‘may cause the department tobe brought ito disrepute.” 6. KED Value of Inlearty: “Police offers mut, therefore, avold any conduct that might compromise intogty ‘and thus undercut the publ contence ina law enforcement agency.” (e. SOLD1 TIME Systgm: “Al personnel using the TIME terminal wil flow all regulations, pollcles and procedures outined Inthe TIME Operator's Manual. All personnal using records generated fom the TIME ‘System wil comply with al TIME System regulalons and policies pertaining to the records obtained" {. From the TIME System Manua “The Crime Information Bureau TIME System Control Contor wil monitor system disipine as K pertains to the use ofthe data files and authorized law enforcement messages. Any ‘and all uses made ofthe TIME System must relate to and Involve only ‘oficial business.” Poreonal us of tha system s sty prohibited” 2 7 8 SeelA report [Athi imo, | considering a suspension forthe std vilaons. As part of due process, you a afforded the opportu to reviow ‘the charges and ns vated. You may alo provide me wih yout account. eer in wring erin person. You may ncudo the names ‘and eakact information of any winesses you wih uso contac, spectying he nature of the information possossod by such winesses. In adon, you may provide any miigling creamstances you woud the me o consider pir to making my decison. 1 do not hear ‘fom you by Friday, June 20,2018 by 430 pm wl proceed wah my dsspinary decison siglerel, ~ JOUNG Chi of Poles ‘Krcosaweter Musical Caer 1582 Kronenweter Drive, Kronenweter WI 54455 Phone: 715-€93-4215 | Fax: 715-693-4228 WWW KRONENWETTRR ORGFINAL REDACTED GARRITY WARNING L I am being questioned as part of an investigation by. heey acted {nto possible violations of department rules and regulations, possible violations of the Kronenwetter Police Department Personnel Policies and my ability to perform, and fitness for, official duties. This investigation concems possible misconduct within the Village of Kronenwetter 2. By signing below, I have invoked my Miranda rights on the grounds that I might incriminate myself in a criminal matter, 3. Thave been granted use immunity. No answer given by me, nor evidence derived from the answer, may be tsed against me in any criminal proceeding, except for perjury or false swearing, 4, Trunderstand that I must now answer questions specifically, directly and narrowly related to possible violations of department rules and regulations, possible violations of the Kronenwetter Police Department Personnel Policies and my ability to perform, and fitness for, official duties. 5. If T refuse to answer the questions asked, I may be subject to discipline for that refusal which can result in my dismissal from the Kronenwetter Potice Department. 6. Anything I say may be used against me in any subsequent Village charges or disciplinary action. Dr eh $2 —_ Location:_..D, Aven Qoebuagey Print Name WITNESSED BY: <> 4 _____ Signature PrintName:_“Terrg ae fheyhFINAL REDACTED KP14-01 Citizen Complaint Officer Involved: Officer Andy Zortman Date of Complaint: April 4, 2014, KP14-237 Complainant: Nature of Complaints: Off duty. 4 failure to take appropriate LE action; ‘and courteous; the use of coercion to obtain a confession. Investigated by: Lt Terry McHugh Initial Complaint (On 04/03/14, Officer Zortman followed up on a theft of prescription medication that Officer Wolff began. the weekend before. The two suspects inthecase,’ 4 ~ and QL _;, both denied any involvement when questioned by Officer Wolff. After thinking over, 4_- sent the manager of the group home an e-mall, admitting she took the pil. ‘When Ofc Zortman followed up, 1 ultimately advised him she gave a couple of the pills to. Q and implicated her in the theft. As a result, Officer Zortman arrested both suspects and the District Attorney's Office charged them. ‘On the morning of 04/04/14, SIM ° 2s mother, came to the department and complained to Chief Joling about her daughter's arrest. She didnot believe her daughter was involved and further went ‘on to state she questioned Of Zortman’ judgment. She stated there was a previous incident In which ‘fe Zortman had contact with 2 _inwhich he later came to their house and toldIEBher daughter was a “loser “WBsald this was after. lied to Ofe Zortman on a trafic stop ane provided a false identity. ocated a record ofthe incident, KP12-750, which took place on 08/28/12, Upon later learning 2, had provided a fictitious identity, Ofe Zortman referred her for charges. (He was unable to locate her.) id see a follow up investigation on 08/30/12 in which he contacted Miabout the situation and presumably, this is when this alleged conversation took pace. MMB elt her daughter was not involved and that the confession of. 2 ‘should have stood as proof. Aliftold the chet the rea eason she questioned Ofe Zortman Judgment was the fact she alleged hel : 1. The chef also later told me he believed fijnentioned something about! 3a_coming over to their house and mentioning that she had just met Ofe Zortman in his squad ca. ii sid not knowFINAL REDACTED KP14-01 Citizen Complaint Phonecallto__~3 Later in the day on 04/04/14, called 3, , who had spoken earlier to Chief loling. At that time, she hhad agreed to meet me at KPO around 4:00 pm. | also recorded this conversation and when I spoke to 3 ‘advised her that this was not a criminal matter but rather @ personnel matter. She also told me MENIND 2¢jst catled her and left a message, Itold 3 1 tha lj sad she might have some information into the situation twas reviewing and she immediately asked if ths was about Andy Zortman, When | affirmed this, she stated she knew what this was all about and | then asked her could meet herin Shawano so she didn't have to dive so ar. We agreed to meet at Shawano PD later that afternoon Follow up call to Lynn Wilson ‘On 04/04/24, | called{iMIBto follow up on her complaint to Chief Joling. | used speakerphone and recorded the conversation was stil quite upset over the arrest and especially the fact that Ofc Zortman had been Involved. asked or avy other details she had about fe Zortman. (WEB 014 me she thought this occured when S , «was between the ages of 18-21 and advised 3 is now living in Green Bay sid last summer, “3 came tothe Wausou area to see her son and then stopped over at theirhouse. She sald both herand. 24 werehome and 3 . ssid she had just met Ofe Zortman “nthe cop ca” and they “hada talk" or something along those lines. (HERB 2cvised she was not sure what took place Further told me about the time when XL gave Ofe Zortman the wrong name on the traffic stop. ‘She sale Ofe Zortman came to her house and called. 2 a “loser” and said she was doing drugs then wentinto the confessn by ‘J. and did not understand how her daughter could be involved. | advised Bhat. 4 implicated her daughter n the theft and told her this would have tobe taken care of cour. also told her the DA would review this and decide ft warrants prosecution (whic t utimately did) Essential, It sounded kel fet Ofe Zortman “prodded” for enerced). J intoimplicating her daughter and she further told me the manager ofthe group home to her she di not feel. +2 was involved my felt that since! confessed to the crime her daughter should not have been arrested, Hollowed up wit HI about the time over this past summer (2013) when she said lied by telling me she did not know but added . . ‘seemed positive 3, -met Ofe Zortman in his police vehicle.FINAL REDACTED KP14-01 Citizen Complaint (mB next went back to the investigation and stated that while she understood that Ofe Wolff was a part time office, he should have followed up on the case. | explained thisis not possible due to the fact part time officers do not work regulariy scheduled hours. sad, “If take this information to somebody and let them know what's all gone on with Officer Zoran, do you think anything is going to happen with this case? I don't.” MBB 1d she felt OfeZortman “tainted information” and she dd not trast him because she beleved his Judgment was not good ( HIB) also told me that she had never planned to use this information until she learned Ofe Zortman was the officer involved inher daughter's case. |askeal) how she knew this information “and she sad in addition to her daughter tling her this, she also heard itfrom 3 herself. (GB206 | iscussed the criminal case further and she maintained her opinion that her daughter was net invalved and should not have been arrested. | again explained that the DA’s Office would review the case and make 2 charging decision and the situation was now In the hands ofthe court. said she ‘wanted the truth ofthe incident to eome out and for her daughter tobe released from jal. advised her again that we were not going to unarrest her daughter. At the end ofthe discussion, it was clear we were not going to agree. then stated, "You guys ar gong to have big problem on your hands this does go the way t's supposed to because | wil and im sory, wil get anattorey nd Iwill have Officer Zortman, wil havea hiscometolgt wat he's done iil thn about the aet more ad again sates Ofe Zortman was “prodding”. inroher confession ladvseo there wasno proof ofthis right row but we coud lok into rerview with 3 Imet 3 _ :at the Shawano Police Department, where we spoke ina private room. | explained to. 3 wat the basic circumstances were that led us to make contact with her. ““V'm not that same person anymore.” | 3 said she used to work at the R-Store on County Rd XX (and Tesch Ln) and advised It was probably around five years ago someting tht as enone min for along tne and suid her cebnshipwitfersnstaber, HP! tentltne, “tam taco persona ope tehave Bockman afer, at fou vr he meacemetene coportunty tobe the, Hey getme ou foul or ee never sed ht .B... sad ome thing tat intrigued herby associating wth a poe officers case details. she told me she enjoyed heating stores about cal for service that Ofe Zortman handled. provided coupleFINAL REDACTED KP14-01 Citizen Complaint of examples, such as a suicide and a “man hunt.” By talking to her later, these did not appear to be cases still under investigation. When | looked into the “man hunt,” I believe this may be the arrest of a homicide suspect Ofe Zortman. made inJune 2013, 3__ said after the incident was over, Ofe Zortman told her about the arrest. 3 sald Ofe Zortman only shared “vague detalls” of his police calls with her. use. B ssid ote zortman was never on duty at the tne of these incidents and added, He was ely carefalabout that” she also told me that eventhough Ofe Zortman was careful about tis still maintained this was information she could use against him If necessary. | carified the statement by {Jin which she thought! 3 has just met with Ofe Zortman in his police ‘car prior to coming to their house and 3 sald he was not in his police car, but rather his personal ‘truck (off duty). 3 also stated all the incident she described were from approximately five years ago during an approximate si month time frame and the only recent incident was in July 2033. lasked” 3 if Ofe Zortman ever had professional contact with her during this time and she recalled an. incident in which she had a domestic incident with her boyfriend. | later found this call, which occurred (0n 09/26/10and 3 _ stated, “At that time, | was heavily medicated on Prozac and Adderall and they hhad very, very, huge reactions.” 3 said the medication doses did not work together well for her and this caused behavioral problems. . tasked 3. if there were any other professional contacts between ‘them and she said Ofc Zortman stopped her for speeding a time or two and then recalled an Incident from when she was 16 years old.FINAL REDACTED KP14-01 Citizen Complaint ‘Atthattime, 3 _ :said Ofc Zortman contacted her and some other friends after they had been swimming n a quarry somewhere near James St. "3, recalled that she was wearing a swimsuit top and shorts when Ofe Zortman stopped her. “%_ told me she hada probationary cense and had two passengers and so when the vehicles kicked up dust, one kid switched cars, She sald Ofe Zortman suspected she had two occupants but since thelr vehicles kicked up so much dus, itwas very dificult to see, She added that asa result, she dd not receve a citation, 3 stated that Ofc Zortman remembered this incident and one time while she was working at the {5 station, he said he still remembered what she was wearing that day. | asked if anyone else knew : SEB both know aboutit however, the fact thet lj brought this up after her daughter was arrested bothered 3 Eventually, sald she knew this information would leak somehow.” 3 confirmed again that this never tock place on duty or while Ofc Zortman wore his uniform . - This is based off her directions to a “building with rocks” along County Rd X south of Maple Ridge Rd. . . Hater tried that number but it goes right to a busy tone, While ooking for: S'§ number, °3. » pointed out that she still has Ofc Zortman’s personal cell number in her phone. 2 ‘advised me she has had problems within the past and provided an example in which wasintoxicated and began telkingto “3 ‘smother, 3 sei lll “threw her under the bus” due to her drug addiction and subsequent treatment (she told me she was using meth). We next movedtothetopicof ind! 3 ssvidi & shadtold her mother(! 3 ) inthe past how Ofe Zortman would stop er for no renzo rt tosay"Hi" AEcorcngto.3,FINAL REDACTED KP14-01 Citizen Complaint told her mom that it felt ike she was being stalked. - 3 switched topics to a diferent friend by the name of "7 and accordingto what 7 told her, an officer knew about her warrant | 75) but he agreed not together in trouble overitif she took care oft by» certain date.“ told me she was having a party at her mom'shouse during the summer of 2011 and recelveda text message from 7, who told her she was bringing over "the cop who was helping me with my case” Atthis point, “3 nsad she asked ithe officer was Andy Zortman, to which "7 stated, "What dd, yea." 1 sald Ofezortman came to the party with "7 and added that prior to thelr areal there were people atthe party doing drugs and drinking alcohol, 3 said once Ofe Zortman arived, nobody dd any drugs but they stl drank alcoho. she stated that everyone atthe party was of legal drinking ae. sald she and Ofe Zortman had a “Sharing of information” in which she would let him know about potential people to watch for and in turn she “got the excitement of knowing case detalis” 7% said fe Zortman did not overlook any enforcement opportunities related to her Using the domestic arrestin September 2010 25a marker, this would be consistent. She also believed the party that Ofe Zortman and "7 attended was in the summer of 2012. Follow up with _C 04/09/14 made phone contact with and she advised she was not aware of anything I then asked her about what J told me and she said this was Incorrect. She told me Ofe Zortman always had a legitimate reason for his traffic stops. She also told me hhe never pulled her over just to say “hi”. @ said she was stopped for “totally legit reasons because | didn’t have my license at the time.” She did not feel Ofc Zortman stalked or stopped for no reason. Review of in caraudiofrom 2 arrest \istened tothe in car audio and it ped up around the time Ofe Zortman was near Cedar Creek. | lIstened tothe audio and didnot hear ay indications of eoercion on the part of OfeZortman. ‘1. appeared tobe offering the information voluntary and Ofe Zortman had already provided her Miranda warnings at the station. | also reviewed Ofc Zortman's report on this as well. Interview with. 2 04/10/10 | wentto the Marathon Countyjalland met with. GX _ who seemed tobe expecting me. showed. BL my recorder and activated it: immediately told DX I was not there to speak to her Shout her case and in fact didnot want to discuss anything related to her pending criminal case. explained to, ‘was a personnel matter only and asked her not to even broach the subject of her| | FINAL REDACTED KP14-01 Citizen Complaint case and she agreed. Lastly, | explalned | was not going to read Miranda since this was a personnel ‘matter only and this way nothing she said could be used against her. ‘As began to explain what | was there totalk about, 22 named the two parties involved, Le. 3, ‘end fe omen seg woud ele aout her rowed: sald she recalled a time last summer when _ came back to the Wausau area and stopped by thelr house. 2. said both she and her mom were in the back yard having a recreational fre around ‘the middle of June when : Reference the incident in June 2083,. Q_ sald she believed Ofe Zortman and 2X did not believe any of these incidents involved on duty actions. ¢ Outside of this, said she did not really have any other details, so we ended the interview. Follow up with ~¥. ‘called |“ 10n 04/08/24 to follow up on @ couple of things. B stoosent 1] a Facebook message astingherto contact me,FINAL REDACTED KP14-01 Citizen Complaint Attempted Contact with '7_ ‘did not have a current phone number for "7 but 3, had her asa Facebook friend, so she sent her a private message asking her to contact me.“ didnotknowif "7 would be interested in ‘talking to me but at least she knew | wanted to speak with her. '7 never did end up calling me, so she obviousty did not want to speak to me. As a note, she has a current KPD warrant at the time of this. investigation and sling n Dubuque, 1A. alo found a possible e-mail address for“ "J but she did not repy Administrative Interview with Officer Zortman 04/10, ‘When Ofc Zortman came to work (second shift) on Friday, 04/10/14, Chief Joling and | spoke to him. We satin my office and | advised Ofe Zortman that we needed to speak to him about a matter that was brought to our attention and then ladvised I needed to record the interview. activated my digital recorder and advised Ofc Zortman that! I then advised Ofe Zortman of the allegation Involving: ‘J ~ :and her warrant. | then read our “Informing the Member” to Ofe Zortman and | made it clear to him that we were not pursuing any type of criminal investigation. | then advised Of Zortman | would read him Garrity because the allegations did involve to State Statutes ( ' J; however, there was no intent to launch any kind of criminal investigation and | told Ofe Zortman this again. ‘fe Zortman asked what the purpose of an administrative interview/investigation was If this was off duty action and Chief Joling advised that IIR was threatening to bring this information tothe media. Further, he advised Ofe Zortman his ac.ions had caused iro question if Ofe Zortman should be allowed to continue his role inthe department. these kinds of public acts being a potential detriment to the mission of our agency). ‘fe ortman stated at one point that he understood and had almost tld the Chet Jotng about this earlier. The chef then exlsnes to Ofc Zortman thot ves tying his judgment making capabtes {explained the possible poy violations section 203 and ead the form to Ofe Zortman, | then had Ofe Zortman sign the form. Asa note, the form advises the member they have the right toa representative but Ofc Zortman made no such request, | explained the purpose of Garrity and read the form to Ofe Zortman and he signed it. began with the incident in which lied to Ofc Zortman on the traffic stop and the allegation that he called 2. 2 “loser.” Ofe Zortman stated he did not remember what they talked about (this was in AugustFINAL REDACTED KP14-01 Citizen Complaint 2012) but said, “That's not how it happened.” He stated he may have discussed drug use with 7 because he knew. used drugs but he denied calling = a loser. Next, lasked Ofe Zortman about "7 and the warrant situ that he had gone toa party with | "7 at_ 3 ‘s mother’s home in 2011 and she had an outstanding warrant at that time. Ofe Zortman initially was not sure ifhe went there with "7 but then recalled that he had and even remembered the address. | asked Ofe Zortman ifhe was aware ofthe fact that! "7 thada warrant for her arrest at or around this time and he sald he was not. Asa note, 3 said the party occurred in the summer of 2011 and MCSO records show! "7 :had two warrants in 2011, one entered on 02/22/11 and the other entered on 01/05/2011. Ofe Zortman said at one point he had stopped "7 for registration and river's license issues but he did not recall any other contacts with her. I then asked Ofc Zortman if he ever “helped her out with the warrant,” Le. not arresting her If she took care of the warrant and he began thinking back to contacts with "7 Atthis point, he recalled that '7 wasabartenderat —__bar in Rothschild and he said he told ROPD about it. | then asked fe Zortman ifhe was “hanging out with her when she had a warrant” and he replied, “I think it was. Yup.” Ofe Zortman said it was hard to remember because this happened a while ago. He then stated there were two times he remembered seeing ‘7 at —_. one time when she was bartending and one time when she was partying. Ofe Zortman then stated, “So It was the two times... (Long pause) I don’t want to say I was fucking drunk but | was (Another long pause). leven told Rothschild not to worry about the warrant afterwards.” asked Ofe Zortman he sald he was not. He then stated he told ROPD if they contacted and arrested her, she would know he was the one who told therm. Ofc Zortman said he called ROPD Officer Trevor Ostrowski and told him, “She's got a warrant, go pick her up.” Ofe Zortman said he called back later and then told Officer Ostrowskl, "She's gonna know, because | just feft there, Don't worry about it.” Ofe Zortman said Officer Ostrowski advised him he was busy with something at the time anyway. Chief Joling asked about the statement Ofe Zortman made about being Intoxicated and he advised the chief this was not something he wanted to use as an excuse for his actions. The chief then asked if Ofc Zortman was intoxicated to the polnt of being impaired and Ofc Zortman paused and replied, “Maybe.” Chief Joling then pointed out Ofe Zortman replied “maybe” and shook his head in the affirmative, lasked OfeZortman againifhe knew "7 hada warrant when they went tothe party and our conversation fs captured below: ‘Me: Did you know that she was wanted at that time? ‘Ofc Zortman: “I know she was wanted, | don’t know if she was wanted at that time. t knew she was ‘wanted and | knew we had a warrant.”FINAL REDACTED KP14-01 Citizen Complaint (Me: “Who had a warrant?” (Of Zortman: "That we hada warrant for her.” Me: At the time you went tothe party? fe, zonman: | couldn't tll you, tdon’t know.” fe Zortman stated, “I think did know, I think | knew she had a warrant. didn’t make a promise though, about anything tke that.” l asked Ofc Zortman at what point did he know "7 had a warrant, specifically at the party er not, and he said, “I dor’t know if ever... (Long pause). think she had, ! knew she had a warrant the first time I saw her.” l asked when the first time Ofe Zortman saw 7 sand he said itwas at He believed it was over the Fourth of July period. (fe Zortman said they began taking and he utinately recognized "7 andtold her hat he thought she had a warrant. | asked Ofe Zortman if he ever gave "7 _ time to get the warrant taken care of in eu of taking any action and he stated,“ dont think o,’ Heals pointed out that he was “out diking” at the time and therefore he could not have arrested he anyway. fe Zortman said he believed this was the frst time he met” "7 and this was the incident where he called Ofc Ostrowskl from ROPD. Ofe Zortman believed he met "7 a second time as well, also at and it was possibly the next night, Chief Joling asked Ofe Zortman what his concern waswith "7:10 ‘make him call Of Ostrowski and tell him not to worry about the warrant and he replied, “I don't know." When Ofe Zortman asked for additional detalls to refresh his memory, | advised him | was told "7 said something to the effect of how she was going to the party with the cop who was helping her with her case. Upon hearing this, fe Zortman stated, “I didn’t help with shit.”FINAL REDACTED KP14-01 Citizen Complaint He then sold 3. became a meth ade after allthis . {next asked if Ofe Zortman knew she was a “drug user” at that time and he stated that he suspected her of (prescription) pilluse. | asked about the domestic arrest and the time line: I pointed out that the arrest was in September 2010 We confirmed with Ofe Zortman that al these Incidents took place off duty and did not involve the squad car, Ofe Zortman stated, “A fuck up non the less.” che ng expand we were gking at wa the reputation of the depriment was based on his and we dnt know I sing totale Uist the med The ci id provide Offer Zoran with an opportu tthe eno odd anything ee he wated and Ofc orn tated, Other than when! was 181 had amar sre up but ths sth baton. We ended the ero at 3.60m Re-Interview of Ofc Zortman on May 9, 2014 ‘On May 9, 2014, | spoke to Ofe Zortman once more to ask more specifically about his familiarity with our polices. recorded the short interview and prefaced it wth a Garrity warning that none of the statements or frults thereof could be used against him ina criminal proceeding, {advised Ofe Zortman we wanted to ask a few questions related to policies and I first asked if he was familiar with the KPD policies, particulrly section 201 and Ofc Zortman replied, “not off the top of my head.” | believe Ofe Zortman misunderstood what | was asking and to be more clear, | asked if he had read through the polices and had some degree of familiarity with them. Ofe Zortman then advised, ‘am, in fact 've gone through all of them and I helped the chief re-vamp them I think two years ago, so, um I've read through the policies many times.” ‘Next, | asked Ofe Zortman ifhe considered those reasonable polices and he stated, "I do.” I continued, asking if these were polices the department could reasonably expect employees to follow and he agreed. | provided Ofe Zortman with a priptout of the section 201 polices the chief would have to ‘consider and let him read the policies. (fe Zortman sai, “Fm familar with all these and I totally agree” but had a question on the “prohibited associations" policy. Ofe Zortman sald he id consier this policy during the time but said he honestly {id not believe” 3 was under any criminal investigation, including ous. ladvised the only open riminal case would have been the 2013 case (April) and Ofe Zortman acknowledged this and sal, "Yes.”FINAL REDACTED KP14-01 Citizen Complaint | asked Ofe Zortman if these polices seemed reasonable and he replied, “Absolutely, anything | would want from an officer.” | asked Ofc Zortman If he was aware of anyone in the department who violated these polices in either a similar or different set of circumstances and he identified Ofc Jason Rasmussen, who has an open internal investigation taking place at this time (although his violations were under different circumstances). “The last thing | asked is if Ofe Zortman would expect to be disciplined for violating these polices and he advised he would. then asked him Ife had anything else to add or if he had any questions but he did not. The interview took less than five minutes. Disposition and Findings ach complaint will include a disposition as follows: 1. Sustained: Sufficient evidence exists to prove the allegation(s) made in the complaint, or the allegation(s) identified through subsequent investigation 2, NotSustained: Insufficient evidence exists to elther prove or disprove the allegation(s) 3. Exonerated: Incident occurred but was lawful and proper 4. Unfounded: Allegation(s)is false or not factual or employee was not involved ‘Arreview of the complaints and disposition is 2s follows: ‘Not Sustained: SOP 203.10 conduct Towards the Public NINN alleged Ofe Zortman was rude and called her daughter a "loser." Ofe Zortman denied this allegation and | cannot prove or disprove it ‘Not Sustained: 201.08 Competence to Perform Dutyrelatedto, "7 _: Ultimately, was never able to speak to "7, soeverything learned was second hand via 3 5 OfeZortman stated he did not have any deal with "J — whereby he would overlook the warrant, Although he did. call ROPD Trevor Ostrowski and tell him not to worry about the warrant, nothing would have precluded ROPD from acting on the warrant anyway and being off duty and outside of his jurisdiction, it would not have been correct to take direct action, Le., effect an arrest himself Unfounded: The allegation Ofe Zortman coerced; L._—_Into her confession on the way to all. listened to the audio and did not hear anything that led me to believe he coerced the confession. Sustained from Policy 201 relatedto. 3 > 201 Private Life: “Police officers will behave in a manner that does not bring discredit to their agencies or themselves. A police officer's character and conduct while off duty must always be ‘exemplary, thus maintaining @ position of respect in the community in which he or she lives and. serves, The office's personal behavior must be beyond reproach.”FINAL REDACTED KP14-01 Citizen Complaint > 201.11 Conduct Unbecoming an Officer: “Officers shall not engage in any conduct or activity while on or off duty that reflects discredit on the officers, tends to bring the department into disrepute or impairs its efficient and effective operation.” > 201.32 Prohibited Conduct: "Employees shall not participate In any incidents involving moral turpitude which may cause the department to be brought into disrepute.” > KpD Value of Integrity: “Police officers must, therefore, avoid any conduct that might ‘compromise integrity and thus undercut the public confidence ina law enforcement agency.” These dents also fall under policy 201 and the KPD value of integrity (see above). (201.31, prohibited associations, gives the department a legitimate interest in it. In addition, we hold an interest because the complainant has already called into question the decision- ‘making, Judgment and crediblity of Ofe Zortman. This has brought a level of discredit to the ‘department's image. Ofc Zortman freely admitted and owned up to these incidents, The fect that @Mend 2, 3° ‘and others know about ‘compromises the public trust. This is espedaly true In a community as small a tis, where citizens have more ofa tendency to tak to one another and know the “rumor mil” They have already told others and if they promulgate this further, more citizens will potentially ose a least some level of trust in KPD and will {question the judgment and credibity of Ofe Zortman, ‘As we know, when the credibility and judgment of one officer Is called into question, then often the reputation of the entire department Is ikewise compromised. KPD officers who contact the or ‘thers who know about this will now have to deal with the repercussions of this situation because they vill have a diminished faith In our capabilities and credibility. As a result, this could impair the effective operations of the department. Adaionay IIs ased the chit not to alow Of Zortman to respond to her home for anything int {vtre, Obvious, If there isan emergency, then Ofc Zortnian will have to respond, but not, another officer wil have to handle the sation Tis wil place an extra burden on 8 co-worker and Could impair the effective and ecient operations ofthe depariment because now the cl for service wil have to hold fora diferent ofer, thus delaying inestigations, ‘These acts Involved. ‘that has brought the department into disrepute, compromised its Integrity, and discredited our department and officers. > 201.31 Prohibited Associations: “Officers shall not knowingly commence or maintain a relationship with any person who Is under criminal investigation, indictment, arrest or Incarceration by this or another police or criminal justice agency, and/or who has an open and notorious criminal reputation in the community (for example, persons whom they know, shouldFINAL REDACTED KP14-01 Citizen Complaint know, or have reason to believe are Involved in felonious activity), except as necessary to the performance of official duties or where unavoidable because of familial relationships.” Inaddltion the arrest record of 3 sand her reputation for being involved in drug use is ‘also germane under 201.31, prohibited associations. Based on the interviews of both 3 and Ofc Zortman, * During this time, 3 had four criminal cases, three of which involved illegal drug use and one of which involved prescription drug use. n one Incident (domestic DC arrest), Ofc Zortman was the arresting officerand | 3, was under the influence of prescription drugs atthe time ofthe arrest. ‘Other criminal cases included @ 2012 DC and drug paraphernalia case and in 2013,! 3 had both a felony drug case (Jan) and a misdemeanor drug case (April. Both Incidents in 2013 were prior to! and the April drug case was still an open court case at the ‘time of their June 2013 incident. When asked OfeZortmanif he knew 3 was involved in drugs, hestated he knew! J was Involved with prescription pills but knew nothing of her ilegal drug use until: fe Zortman said he then knew she used meth, * | believe he could have known she was into illegal street drugs during this ‘almost three-year time span. | base this opinion on many factors, including Ofe Zortman’s regular attendance at MCSO SIU meetings. Inaddition, he has intimate knowledge of drug offenders in the area extending above that of most patrol officers. Ofe Zortman Is very proactive and does great work in the drug field and I would argue there are few officers in the county outside of SIU who share his knowledge of offenders. Resources such as CCAP make It easy to see if someone has a criminal record. For these reasons; | believe he could have known about’ 3 ‘s propensity for illegal drug use had he checked that, In fact, at one point he did state one of 3 ‘s cases was on deferred prosecution (this was one of the 2013, cases). 3 also mentioned the party at her mother’s house in the summer of 2011 in which Ofe Zortman, and "7 attended and she specifically mentioned that many of the people there were smoking, “weed! just before Ofe Zortman arrived. 3 said she talked to Ofc Zortman while she was under the Influence and when | asked if Ofe Zortman knew this, she replied, “Oh, 'm sure he did.” While we donot know the exact dates ofeach incident, we donow that despite 3 arrests (mosty related to legs drug use, ‘We do not know for sure f Ofe Zortman knew of 3s propensity for illegal drugs during the early stages oftheir encounters, but based on his statement, «he did know she was a meth user and had a case on deferred prosecution,FINAL REDACTED KP14-01 Citizen Complaint Lastly, were purely self-serving, as she saw this as an opportunity for, blackmail against Ofe Zortman. Even though she never pursued this ange, if she had this would have created a problematic situation for Ofe Zortman and he would have been forced to choose between performing his duties or having this information made public. since QIUMUNI iestned toting these facsnto the criminal case ogist her daughter, we were complet to advise the poser, lance Leonhard, AOA Leonhard prosecies most ug eases ond {quite familiar with defendants with a drug history. When | advised him of | 3' name, he Instantly scknowledged and ecoptzed her name. ‘Summary-—Nexus Tes for Off Duty Discintine ‘The actions diminish public confidence and bring discredit upon not only Ofc Zortman, but also our ‘entire department and profession. The circumstances certainly call into question the soundness of Ofc Zortman's decision making skis, Judgment, and credibility to anyone less than an astute moral philosopher. Any time the department's image and credibility is damaged, itis a detriment to the mmission of our organization. fe Zortman could have placed a fellow co-worker in very uncomfortable and difficuit position. This ‘would have been very unfair to the responding officer to be put in this spot, particularly if the citizen recognized Ofc Zortman as2 police officer or demanded that some kind of enforcement action be taken. . this would have placed a responding deputy in an uncomfortable situation as well. This would also have discredited our department by hhaving a situation In which another agency had to deal with one of our off duty officers. This could have created discord and strained relations created between the Sheriffs Office and our department, which may have negatively affected the efficient and effective operations of KPD.FINAL REDACTED KP14-01 Citizen Complaint Due to the totality of the circumstances, | believe the misconduct implicates an interest on the part of the department, Officers are held to a higher standard of personal conduct, harm to our reputation has taken place along with the potential for adverse publicity and finally this potentially could have created reluctance on the part of a KPD officer to work with Ofe Zortman. Seven Tests of Just Caus 1. Notice of Expected Conduct: These policies are available to al officers via their desktop computers. in ‘addition, all officers, Including Ofe Zortman, were asked to review our policies and sign off on a statement, attesting to the fact they had read and understood our policy manual. Ofe Zortman signed off on his policy statement in 2012. Additionally, our values are posted on the website and are made known to all officers, who are issued a laminated values card upon being hired, ‘Ofc. Zortman has been employed with KPD since 2005, giving him many years of working under these policies. The conduct policy is considered a “high” priority policy. When questioned, Ofc Zortman, admitted he was familiar with the policies and in fact had helped the chief re-vamp them. He also admitted he would expect to be disciplined for violating them, which showed he knew the conduct was. wrong. Police officers from all agencies in every state are held to a higher standard of conduct and are commonly expected to not bringing discredit upon their department. He stated it was reasonable for us to expect employees to follow these rules. ‘Also noteworthy is the fact that later in the day after the administrative interview, Ofc Zortman (who ‘took the rest of the day off with vacation) returned to the police department on his own volition He wanted to meet again and advised he would accept whatever punishment the chief imposed, including suspension. = “lead ‘me to believe Ofe Zortman knows these policies have commonly understood expectations, Including discipline up to suspension i violated. 2. Reasonableness of the rules ons: When questioned, Ofc Zortman believed our policies ‘were reasonable. He was elven the specific polices in question and again advised these were reasonable. 3.A Complete investigation was Conducted: In this situation, the malin “players” were limited to just two people—OfeZertman and! 3 both of whom were interviewed. ! made reasonable attemptstocontact "7 and she apparently did not want to speak to me. interviewed both the complainant and her daughter and gave all sides an opportunity to tel me what happened. 2 told some of her close friends: but given the fact Ofe Zortman admitted there nce to collect inthis cae. was really no need to track these people down. There was no physical 4, Fait Investigation: 1 have never had any personal issues with Ofe Zortman that would have precluded ‘me from conducting an unbiased investigation. Lastly, before discipline Is imposed, Ofc Zortman will be sven an opportunity for due process, Also, at the end of both interviews, he was afforded the ‘opportunity to add anything he wanted:FINAL REDACTED KP14-01 Citizen Complaint 5. Adequate Proof: Regarding | ‘and violations of 201 and our value of integrity, Ofe Zortman admitted to the acts that led to these charges. He stated he did not initially know 13, was using illegal drugs but said he did know | 6. Equal Treatment: We have not had a situation that is exactly similar in nature to Ofe Zortmans, so finding a comparable is difficult. When asked, Ofc Zortman only identified an officer-— who violated these policies under different and far more egregious circumstances. His internal investigation is pending at the time of this report. r Penalty In light ofthe seriousness of the offense and. should be noted Ofe Zortman was contrite during the process and openly admitted his mistakes. He was cooperative, took ownership for his actions, and was honest. His disciplinary record dates back to 2006 and includes verbal warnings with the chief, three written ‘counseling statements, and a formal letter of written warning. While some of the disciplines deal with Issues other than policy 201 violations, there have been complaints in the past about Ofc Zortman’s tact and deport ment with the public and this includes the complainant's perception that thelr image of Ofc. Zortman also negatively affected the image of our department. For example, in a 2007 complaint regarding Ofe Zortman swearing at a 16-year-old boy, the mother wrote, “Mr. Zortman’s actions are a direct reflection on you (writing to the chief) and the entire kronenwetter Police Department...Due to Mr. Zortman’s actions, my opinion of the Kronenwetter Police Department is now at an all-time low.” For this reason, he has been previously advised of how our department's image can be negatively affected by his actions, Ofe Zortman recelved verbal counseling for this (and other Infractions), which Violated the KPD value of integrity and 201.11, Conduct Unbecoming an Officer. Iva 2010 written counseling statement, Chief Joling wrote, “There continues to be issues within the department and noted by other officers that Officer Zortman will become dictatorial or falls to realize that he too is part ofthis team and it takes everyone working together to complete a task or investigation as in the DVD Pirating Case.” I could argue this also falls under the KPD value of integrity ‘and 201.11, Conduct Unbecoming an Officer, and was a second infraction of that specific policy. The current incidents now constitute a third violation of the KPD value of integrity and 201.12, Conduct ‘Unbecoming an Officer. Follow up with DO) and TIME SYSTEM Chief Joling and | discussed the idea of having the State conduct an audit to see if Ofe Zortman ran either 7. orl) | + through the TIME System. | contacted Sara Phelan from the DOJ TIME System and she conducted the audit. The DOJ can only run queries going back for 15 months, so it reallyFINAL REDACTED KP14-01 Citizen Complaint did not fit for the case of ‘7 however, | saw Ofe Zortman had not run. 7, during this period, She had been run by dispatch but t's unknown who they ran it for in most ofthe Instances. Next, Isaw Ofe Zortman had run 3 _ on June 18, 2013. | also saw a number of agencies had run 3 during that 15-month period, including Marathon County dispatch, Sara inquired if this was @ misuse of the TIME system (Le. what was the reason for running her- Official LE business or personal reasons?) and ifso, asked me to provide a disposition of the situation, Follow up with Ofe Zortman (On 05/27/14, spoke to Ofe Zortman in order to answer Sara's inquiry. For the sake of uniformity throughout the investigation, | advised him of Garrity and explained the situation. | advised Ofe Zortman that according to the records, he ran 3 on 06/18/13 and | asked him if he ran her for official LE purposes or for personal reasons. Initially, Ofe Zortman said the purposes could have been both for official business (to see what her status was) and personal : : 1 We discussed it further, specifically relating to if Ofc Zortman had an official case or traffic stop that would have prompted him torun 3. andhe volunteered that he didnot have any cases or trafic with her that would have warranted running her. Asa result, he surmised he ran her for personal reasons. AS@ note, hs history that night aso shows nothing related to' J and when he ran her over the MOC tat night, he was in-between going from one callon Pyke Rd to another one on Martin Rd. (fe Zortman sald he realized the use of the TIME System Is for official LE use only and wondered if the State would potentially take away his access and how that would affect his employment. | did not have ‘an answer for him at that point since | did not know the State's protocol. ‘After we spoke, Ofe Zortman came back to my office and advised he was not trying to backtrack on his. earlier statement, but after thinking about It briefly, he wanted to advise that he does run people to check their driving status even if he does not have an active case or traffic stop with them. He advised in ‘these situations, he wants to know ifthe person is valid in case he runs across them during his shift. 1 asked ifthis was the case with 3 and he said he did not know. ‘As afinal note, the running ofi Is close to the same time when. LUke other times, Ofe Zortman was cooperative and took ownership for his actions. Disposition with the State | contacted Sara and advised her of the disposition of the Investigation and she advised they would revoke Ofe Zortman’s TIME privileges and MDC TIME access if we wanted. Additional Sustained Policy Violation * 501,03 TIME sytem: “All personnel using the TIME terminal will follow all regulations, policies and procedures outlined in the TIME Operator's, ‘Manual. All personnel using records generated from the TIME SystemFINAL REDACTED KP14-01 Citizen Complaint ‘ill comply with all TIME System regulations and policies pertaining to the records obtained.” + From the TIME System Manual: “The Crime Information Bureau TIME System Control Center will monitor system discipline as it pertains to the use of the data files and authorized law enforcement messages. Any and all uses made of the TIME System must relate to and involve only ‘official business,’ Personal use of the system is strictly prohibited.” Just Cause Related to TIME System Use Similar to the section 201 polices mentioned previously, these polices are available to all officers and are located in the “” drive. Again, Ofc Zortman signed a policy acknowledgement form forall polices, ‘including section 503, the TIME System. In addition, Ofc Zortman signed a TIME System new operator ‘agreement in November 2005. Inaddition, the TIME Manual Is available to all officers and is located In the “P* drive. The manual states that personal use of the TIME System is prohibited. Ofc Zortman certified on eTIME in June 2005 and officers must re-certify on the TIME System every two years. The refresher covers the rules of the TIME System, including authorized uses. When questioned, Ofe Zortman stated he understood and was aware the TIME System is for official business only. He further wondered about the possibilty of his TIME System privileges being revoked and how that would affect his employment. This led me to believe he understands personal use of the ‘TIME System could bring consequences. fe Zortman felt our polices were reasonable and this standard has been a long-standing policy with regard to the TIME System, Again, a complete and far Investigation into the TIME System issue was ‘conducted. | obtained a printout from the State, which showed instances in which 3 and "7 & Were run during the previous 15 months. He took ownership and stated there was nothing he could do now to change the past. fc Zortman freely admitted he did not have any cases or traffic stops that would warrant running her and surmised he had probably run | __for personal reasons. | am not aware of any other instances in which our officers have used the TIME System for personal use; therefore, no discipline history for such 2 violation exists. When forming a disciplinary decision, this violation should be considered along with other sustained violations