John Klug

An investigation into Minot’s police chief has concluded no hostile work environment existed but improvements still are needed in the department.

The City of Minot released the 116-page investigation report submitted by third-party investigator Yvette Heintzelman of the Clark Hill firm in Chicago on Friday.

Minot Chief of Police John Klug was placed on temporary, paid administrative leave on Sept. 12 while the internal investigation was conducted.

The investigation was to look into allegations of a hostile work environment, inconsistent discipline, staff confidence in leadership, staff retention, staff morale, and staff concerns of retaliation at the Minot Police Department and Minot Central Dispatch. The Minot City Council approved budget amendments totalling $100,000 to conduct the investigation.

“There was no information to support an allegation of a hostile work environment based upon a protected category. Many individuals, however, did not like the way the command administration communicated with members of the department or the speed in which decisions were made,” the report stated. “While the investigation does not find the existence of a hostile work environment, there is a core group of current and former employees in the Police Department and dispatch who do not agree with the decisions made by Chief Klug and (Central Dispatch leader Margaret) Haugen and therefore are unhappy with their work environment.”

The investigation into inconsistent discipline allegations uncovered that Klug implemented a discipline matrix to provide some structure and guidance. He created a professional standards lieutenant, which is a position to ensure that policies, procedures and investigations are equitably and properly handled.

“While individuals may disagree regarding the selection of individuals for promotion, this investigation did not substantiate decision-making that was patently unfair, Based on my interviews and file review, this investigation did not uncover inconsistent discipline but rather individuals who do not agree with the discipline issued,” Heintzelman wrote.

Klug’s handling of officers in relation to mental health and fitness for duty concerns was appropriate, the report added.

“This investigation found that Chief Klug and the Human Resources Department handled these issues correctly,” Heintzelman wrote.

She also raised concern about the involvement of city council member Rob Fuller, who brought department concerns to the council, which lead to the investigation.

“This investigation did not uncover the authority of a City Council member to investigate a department head or seek his/her removal. Council Member Fuller is a newly-appointed member of the City Council. It is not surprising that individuals who feel they have been slighted in some way seek out the newest member of the Council to plead their case and see if they can obtain a different result,” she wrote. “There is a minority of current and former officers who disagree with Chief Klug’s decisions. The majority of officers have not voiced complaints against Chief Klug or his Administration. There are issues to address and improvements to be made to improve leadership in the Police Department such as timely decision-making. Again, no one contested their disciplinary decisions or promotion decisions through the City’s complaint or grievance procedures. No one raised these concerns to the City Manager. These complaints were raised outside the City’s process through Council Member Fuller. Sidestepping the City’s processes undermines the integrity and effectiveness of the City’s process and the City’s professional staff as well as the organization as a whole.”

The report was critical of Klug for failing to follow through on his duties in certain areas, including communicating with the department, communicating with the city manager, completing one-on-one meetings, resolving the uniform/beard issue, issuing 2023 performance evaluations, and establishing and maintaining relationships with patrol, especially members of the midnight shift.

“This investigation cannot conclude that there is a failure of leadership as Chief Klug can perform his job duties as set forth in his Job Description and City Ordinance. However, if Chief Klug cannot or will change his leadership style to address these issues, the Department will continue to have these issues with leadership and morale,” the report stated. “The Chief’s perspective negatively affects morale. Further, he cannot expect members of the Department to fulfill their job responsibilities if he does not fulfill his job duties or promises to the Department members.”

The report noted that many of the allegations during the interview process with department members related to incidents that occurred some time ago.

“Those decisions have been made, investigations have been conducted and disciplinary action was taken or not taken,” the report stated. “Along the same lines, if Chief Klug or Command Staff made comments that ‘everyone is replaceable,’ that does not support the morale of the organization. Or if the Chief makes statements that the Chief’s focus is on the organization as a whole and not the individual officers, those statements diminish morale because people do not feel valued and appreciated. This is especially applicable in times of heightened anxiety and stress like COVID-19 and its aftermath.”

The report also recommended Klug address the morale issue in dispatch with the dispatch director in a more decisive manner.

The investigator made 28 separate recommendations. They included:

– Create a process by which council members bring personnel issues to the city manager so personnel issues are reviewed under the city’s complaint grievance policy and by personnel who are trained in these areas.

– Human Resources policy and procedure should be updated to accept complaints regardless of whether the issue has been addressed by the employee with their supervisor or manager.

– Consider establishing an 800 number for complaints to be presented to a third-party Human Resources expert in cases of concerns about the relationship between employees and the Human Resources director.

– Re-publicize the grievance and complaint procedure and require every employee to acknowledge they read and understood it.

– Establish a working relationship with the Fraternal Order of Police Union to assist in explaining and disseminating information to officers and to facilitate discussion regarding any communication.

– Follow complaint investigation procedure and notify a complainant and a witness when an investigation is complete and appropriate remedial action has been taken. If the complaint is unfounded, remind employees of the policies at issue for future reference.

– Investigation of workplace conduct should not be based upon the substantiation of a criminal case, which has a different burden of proof.

– Create a hiring and recruitment committee. Officers should be paid for their participation.

– All exit interviews should be conducted by a lieutenant and Human Resources.

– Any decisions regarding benefit time should be handled in cooperation with the Human Resources Department.

– To the extent that the Human Resources Department needs additional assistance, a temporary HR service can assist in responding to employee needs and issues.

– Promotion to any rank should be made at a public meeting before the city council.

– Pins for senior and master officers should be made on the shift with an announcement to the entire department.

– Lieutenants, captains, and the chief should attend roll call regularly.

– The chief should visit a roll call every month and as needed by operational events and talk to every shift.

– All officers must install Evertel, a law enforcement communications system, on their cell phones and check daily on duty days.

– Chief and command staff should push out department-wide communications weekly.

– Human Resources should take over the random drug testing process and officers should be given two hours’ notice, not 72 hours. The testing facility should select the officers at random and call Human Resources who notify the officer via dispatch.

– Train Chief Klug on current email etiquette and the use of all capitals in his department-wide communications.

– Delegate decision-making to the assigned expert in those areas and allow them to exercise that decision-making within the scope of their ranks.

– Give individuals responsible for tasks a budget to work within and then evaluate them on properly managing the budget.

– Identify and delegate administrative tasks to an administrative assistant who has a clearly defined job description.

– The chief has weekly meetings or calls with the city manager. The chief should notify the city manager regarding any situation that may cause embarrassment or discredit the city or department immediately and regularly utilize the services of Human Resources and an employment attorney versed in police operations to consult with before any significant disciplinary action is taken.

– The city should consider implementing a professional study recommendation to create certain civilian positions, which are easier to fill.

– Consideration of a professional study recommendation for a deputy chief of police.

– Audit the pay for dispatchers to ensure that they are being paid for overtime hours worked.

– Address the rumors, gossip and misinformation that are contributing to the deterioration of the morale in the department via a counseling notice and progressive discipline if necessary.