GC police officer resigns amid allegations of conduct unbecoming to an officer

By LeAnn R. Ralph

GLENWOOD CITY  —  A Glenwood City police officer resigned August 3 during an investigation by the St. Croix County Sheriff’s Department into conduct unbecoming to an officer and other policy violations.

Glenwood City Police Officer Joe Heath, who was employed in Glenwood City since December of 2003, resigned before the investigation was completed, according to Police Chief Bob Darwin.

The Tribune Press Reporter obtained a copy of the report through an open records request to the police chief.

The nine-page report details 15 violations of standards of conduct covered by the Glenwood City Police Department policy manual.

Many of the violations involve “inappropriate sexual conversations, sexual contact and sexual intercourse while on-duty with the Glenwood City Police Department and also off-duty,” according to the report.

The report has been redacted with a black marker to remove the names of the witnesses involved in the incidents.

“On several occasions, Officer Heath went outside of his responsibility as a police officer and used his position and authority to further his relationships with females that he came into contact with on-duty and off-duty. Investigator Haefner and Lt. Cathy Borgschatz thoroughly reviewed Glenwood City Police Department policies. Several people were interviewed and there was a distinctive pattern of conduct by Officer Heath … because of the pattern of conduct and the similarities in witness accounts about Officer Heath’s actions, the credibility of the witnesses is strong. In addition, most witnesses still had favorable feelings towards Officer Heath even though they knew his conduct was inappropriate,” according to the report.

The report goes on to say, “It is Investigator James Haefner and Lt. Cathy Borgschatz opinion that the list of witnesses in this report is not an exhausted list. The investigation was limited in numbers because we felt there was ample policy violations for Chief Bob Darwin and Glenwood City to act in a disciplinary manner.”

The copy of the report received by the Tribune Press Reporter is not dated, so there is no way to tell when the report was completed.

A criminal investigation of Officer Heath started only after information was received during the internal investigation that could have possibly risen to a criminal level, Police Chief Darwin said.

The police chief confirmed that no criminal charges have been filed against Heath and no criminal charges are pending at this time.

Heath was placed on administrative leave June 14 when the allegations were made known, which is standard operating procedure, Police Chief Darwin said.

Heath received his salary as a police officer until he resigned August 3, the police chief said.

Known drug user

Under Violation No. 1 concerning unbecoming conduct, the report states, “Officer Heath’s on-going sexual relationship with a known drug user who has a lengthy criminal history and several known criminal associates in Glenwood City … discredits him as an officer, the Glenwood City Police Department and the law enforcement community.”

Violation No. 2 concerns gifts, gratuities, bribes or rewards.

“Officer Heath knew that [name removed] was breaking the law during their sexual relationship with her use of methamphetamine. During their sexual relationship, he did not take any law enforcement action or report her criminal activity to her probation agent, any other law enforcement officer or law enforcement agency. It is evident that Officer Heath benefitted from obtaining sexual gratification and in return [name removed] was able to continue to use methamphetamine and associate with people involved in criminal activity,” according to the report.

Violation No. 3 concerns associations.

The report states, “It was discovered in this investigation that Officer Heath knew … that she used methamphetamine, that she was on probation for her use of methamphetamine, that she had associates that lived in Glenwood City that were involved in the use and distribution of methamphetamine and they were involved in other criminal activity. In February 2016, Officer Heath called Probation … in (an) attempt to get a probation hold placed on [name removed] because he located her at her residence that was known for drug activity and other criminal activity. Officer Heath was also involved in on-going criminal investigations by the St. Croix County Sheriff’s in regards to this residence in Glenwood City.”

The report goes on to say, “during the course of his relationship with [name removed] he had conversations with her about her use of methamphetamine. He informed [name removed] that she would have to choose between methamphetamine and their relationship. [Name removed] attempted to stay clean but was unable to control her addiction. She tested positive for methamphetamine June 7, 2016. Officer Heath did not break off their relationship until June 10, 2016, and that was after being told by city officials that there may be an internal investigation involving his relationship with [name removed],” according the report.

Immoral conduct

The next section of the report deals with Violation No. 4 regarding unbecoming conduct and Violation No. 5 regarding immoral conduct and courtesy.

According to the report, “Officer Heath [engaged in] repeated and unwanted sexual advances toward [name removed]. [Name removed] reported that in 2010 or 2011, Officer [Heath] while on duty in his squad car grabbed [name removed] breast and attempted to put his hands down her pants. [Name removed] was standing in the street in front of her residence. This sexual contact was unwanted and statutorily is fourth degree sexual assault. [Name removed] was not making a criminal report and spoke about this event because she believed his actions were wrong and he should not be a police officer.”

The report goes on to say, “[Name removed] also reported that while on-duty, Officer Heath continuously spoke about sex and attempted to pursue a sexual relationship with her. [Name removed] spoke about a time she was in Officer Heath’s personal vehicle and he pressured her to give him oral sex. [Name removed] stated that she began to perform oral sex and then stopped because ‘he was a cop’ and felt he was using his authority to get sexual favors. Officer Heath was off-duty at the time.”

Squad car video

The next section of the report deals with Violation No. 6 concerning dissemination of information and Violation No. 7, again referring to courtesy.

According to the report, Officer Heath showed to a witness a squad car video of subjects he had in custody on two separate occasions.

“Officer Heath called [name removed] and her friend [name removed] to the police department for the purpose of showing the videos that he found to be humorous,” the report states.

Although it is difficult to know for certain because of the redacted sections, the report seems to note that the subject of the video apparently had several contacts with the Glenwood City Police Department and the St. Croix County Sheriff’s Department.

“The second video was of a male subject that was in custody and yelling and screaming in the back seat of the squad. The information shown or given was not [done] so through an open records request, was a part of official police business and should have been considered confidential. The dissemination was not approved by Chief Bob Darwin. Officer Heath’s actions were very discourteous to [names removed]. This may constitute a violation of [names removed] civil rights,” according to the report.

Violations No. 8 and 9 also refer to dissemination of information and courtesy.

“[Name removed] reported that while on duty, Officer Heath showed her information from his squad car computer personal information about [name removed],” according to the report.

From the report, it is impossible to tell whether this section is referring to the same witness(s) and subjects as the previous section because of the redacted names.

The report concludes that the information was not given through an open records request, that it was part of official police business and should have been considered confidential. The police chief did not approve the dissemination of information. Officer Heath’s actions were discourteous and may constitute a violation of civil rights.

Lack of respect 

Violation No. 10 again to refers courtesy.

“[Name removed] also reported that Officer Heath requested that she drive by his squad car and flash her breast to him. Officer Heath’s language and attempt to receive sexual gratification from [name removed] while on duty is rude and can be explained by an arrogant lack of respect for [name removed] and his position and on-duty status with the Glenwood City Police Department,” according to the report.

On-duty

The next section of the report deals with Violation No. 11 referring to department owned property, Violation No. 12 referring to unbecoming conduct, and Violation No. 13 referring to immoral conduct. The report also refers to attentiveness to duty.

The report states that a witness said she had sex with Officer Heath approximately seven times and that their relationship occurred toward the end of 2014 and the beginning of 2015.

The woman said she had sex with Officer Heath on-duty a total of five times and specifically two times at the Glenwood City Police Department. The woman said that on the first occasion, Officer Heath had invited her to the police department, according to the report.

“[Name removed] stated that she was not comfortable because she was at the police department,” the report notes.

The report goes on to say that the woman described oral sex with Officer Heath at the police department and that he was wearing his gun and gun belt at the time.

The witness told investigators that on the second occasion, Officer Heath used “more force” during oral sex and also described an incident of sexual intercourse as “rough” while at the Glenwood City Police Department, according to the report.

The report goes on to say, “Through the criminal investigation, it was learned that Officer Heath and [name removed] had a dominant/submissive relationship and the aggression Officer Heath exhibited was expected by [name removed]. It is unknown if Officer Heath used the police department, his uniform and gear to further the dominant/submissive relationship or if the police department was a mere convenience in obtaining sexual gratification while at work. In either circumstance, Officer Heath used the privacy of the police department for his own sexual gratification,” according to the report.

The report goes on to say that the woman said she had sexual relations with Officer Heath on three other occasions while he was on duty but that Officer Heath did not use the police department or any property to further his sexual relationship with her.

The woman also reported that Officer Heath had sent 15 to 20 pictures to her of his penis and of masturbating and said that some of the pictures were of Officer Heath on-duty and in his squad car.

“Having a sexual relationship and pictures of masturbation while on-duty is not covered specifically by the Glenwood City Police Department Policy Manual. Unbecoming Conduct and Immoral Conduct are the closest policies to address this behavior,” according to the report.

The report goes on to say “The policy on Attentiveness to Duty was strongly considered but was not sustained. This policy was considered but we were not able to find that Officer Heath was derelict in his response to calls for service when he was involved in sexual activity with [name removed]. It is unknown how Officer Heath would have responded in an emergency situation and needs to be considered in the overall effectiveness of Officer Heath should he maintain his employment.”

Domestic assault

Violation No. 14 refers to unsatisfactory performance.

“[Name removed] stated that during her sexual relationship with Officer Heath she alleged domestic assault by her husband. [Name removed] stated that she had a black eye, bruises on her arms and stomach and showed the injuries to Officer Heath. Officer Heath stated that it was a conflict of interest for him to investigate the domestic abuse allegations. Officer Heath was correct in his belief that this would be a conflict of interest due to his relationship with [name removed] and because [information removed]. Officer (Heath) should have reported the domestic abuse to Chief Bob Darwin where allegations could have been referred to the sheriff’s office or another police agency to investigate. At this time the St. Croix County Sheriff’s Office is investigating the domestic abuse allegations from approximately two years ago,” according to the report.

Not interested

Violation No. 15 again refers to courtesy.

“[Name removed] reported that Officer Heath would often stop by her residence when she was outside smoking a cigarette. Officer Heath would tell [name removed] that she has ‘nice [breasts]’ and a ‘nice [buttocks].’ Officer Heath attempted to have a sexual relationship with [name removed] but she was not interested in him sexually. [Name removed] stated that she was not overly offended by the comments but thought it was inappropriate for a police officer to be making those comments while on-duty,” according to the report.

Why so long?

The Tribune Press Reporter has been asking for information about the investigation for more than a month.

The Tribune Press Reporter submitted a formal open records request several weeks ago and received the redacted copy of the report after Labor Day.

When asked why it took so long to release information, Police Chief Darwin said he was obligated to inform Heath by letter that an open records request had been made and that Heath had to be allowed time to respond.

According to the police chief, Heath has never responded to the letter.