Judge orders fired police officer reinstated

SHEBOYGAN — Sheboygan County Circuit Court Judge Gary Langhoff Friday ordered Lt. Dawn Klister reinstated to the Plymouth Police Department.

Klister was discharged by the Plymouth Police and Fire Commission in March for four alleged violations of department rules between May and November, 2008.

Langhoff, conceding “the matter probably should have been handled differently by Klister and the department,” nevertheless ruled that the alleged violations did not rise to the level of requiring termination.

The commission said that Klister violated department policy when she instructed Officer Justin Daniels not to issue a citation during a May 16, 2008, traffic stop.

They also cited Klister’s violation of department rules by participating in a training session with the county’s canine unit at the fairgrounds Aug. 5, 2008.

She was also accused of attempting to cover up her actions at the traffic stop and lying during an internal investigation of the allegations against her.

Langhoff ruled that Klister did not violate departmental rules in either advising Daniels not to issue the traffic ticket May 16, 2008, or in advising Daniels not to brag about or reveal the events of the traffic stop to other department members.

“From the court’s view, the citation probably should have been issued,” Langhoff wrote in his 14-page decision. “Was Klister mandated by department rule or law to issue the citation? The answer is: no. Did Klister violate department rules in exercising her discretion? The answer is: no.”

Similarly, Langhoff stated that Klister’s admonitions to Daniels were not “a good idea on her part” and that she should have handled the matter differently, but again said it did not violate department rules.

The judge noted that Klister was not aware of the department rule forbidding taking part in outside training exercises while on duty until she was made aware of it by Deputy Chief Christopher Ringel during his internal investigation of Klister.

Langhoff termed her violation “inadvertent” and ruled that, because it was not an intentional violation, it was not a dischargeable offense.

The charge of lying during the internal investigation stemmed from an incident when Daniels was assigned to a citizen ride-along.

The department, and the commission, heard testimony from several officers that Klister told Daniels, “Don’t f*** this up,” when assigning Daniels the citizen ride-along on July 19, 2008.

Klister denied using profanity during the internal investigation and before the commission.

Langhoff noted that the citizen involved in the ride-along testified during the internal investigation said that, while Klister might have used the profanity, “because (of) the time that hade elapsed he did not recall for sure.”

“Just because Klister does not recall using the F-word at the time does not make her a liar. A faulty memory does not necessarily equate to an intentional prevarication,” Langhoff wrote. He added in a footnote that, “Rhetorically speaking, were the other officers lying because their perception (of) the statement was not in a jocular context?” as Klister had testified.

Klister joined the department in 2000 and had risen to the rank of lieutenant, the third-highest ranking officer in the 16-member department.

“Klister has an exemplary record of service to the Plymouth Police Department. Even the chief acknowledged that her record of service (w)as pretty impressive,” Langhoff noted in his ruling.

The judge did add that, while Klister’s dismissal was not warranted, that “does not foreclose the possibility of disciplinary action for violation of department policy previously noted.

“(I)t appears as though Klister’s treatment of the officer-in-training (Daniels) was at times deprecatory and derisive. The entire investigation was precipitated by Klister’s treatment of the officer. Clearly, measures should be taken to obviate the potentiality of any recurrence. Communication is the starting point,” Langhoff concluded.