'A lot of questions': Wellington PD staffer reinstated after four-month investigation

WELLINGTON — A Wellington Police Department staffer is back on the job after a nearly four-month internal investigation, despite Chief Tim Barfield's recommendation she be fired. Denise Swanson, who has served as the chief's administrative assistant since 2019, was reinstated Dec. 13, according to public records obtained by The Chronicle-Telegram. She was suspended without pay in late August, but her status was quickly changed to paid administrative leave. The move came months after Swanson accused former Sgt. Jeff Mecklenburg of assaulting her at Wellington's police auxiliary building on Kelly Street. The village's investigation is detailed in reports by Village Manager Jonathan Greever, Sgt. Jim McPike and Barfield. "Unfortunately, I think it just leaves a lot of questions," Mayor Hans Schneider said. "… It's a disappointing bit of reading. I think everyone will have their own interpretation of it." Wellington officials learned Swanson and Mecklenburg had been involved in a long-term, extramarital relationship that raised questions even before the alleged assault on April 28. "Of note, it appeared that the two employees met on village property to engage in behavior which would run afoul of standard codes of conduct," Greever wrote. That included Swanson allegedly asking whether she could test a firearm at the police auxiliary building, and pointing out there were no security cameras there. There were also concerns that the couple drank alcohol and had sex at the police auxiliary building, according to McPike. However, those allegations could not be substantiated. "Normally, this type of relationship would be none of my business, and is certainly not against the law," he wrote. "However, Mr. Mecklenburg did have a position of authority over Ms. Swanson at work." There was, however, evidence that a violent incident took place April 28, McPike concluded. Had Mecklenburg not immediately resigned, McPike said he would have pointed out violations of the Wellington Police Department's law enforcement code of ethics, oath of office, standards of conduct, conflicting relationships policies as well as the village's workplace harassment and bullying policies. Swanson said that just before 6 a.m. on the morning in question, Mecklenburg entered her office and started screaming, calling her a liar, whore and slut and threw his keys at her. During the altercation, Swanson called Barfield and he stayed on the line while it played out, she said. Swanson said she ran outside, where the verbal abuse allegedly continued. According to the investigative documents and a previous interview by The Chronicle, Swanson slapped Mecklenberg in the face, then ran inside behind a locked door. Later that morning, Barfield drove to Mecklenburg's house, where the sergeant denied knowledge of the incident, even though Barfield had heard him on the phone call, according to investigatory records. "Mr. Mecklenburg then stood up and put his hands behind his back as if submitting to an arrest," McPike wrote. But Barfield said he wasn't there to arrest Mecklenburg, only to find out what happened, according to McPike's written report. After some back and forth, Mecklenburg asked for a lawyer. Barfield then met with Swanson, who provided a written statement about the incident. McPike said he discovered the plan was for Lt. Josh Poling to conduct an investigation, but that was halted when Mecklenburg offered his resignation via text message. Mecklenburg later accused Swanson of "wide-ranging" and "deeply concerning" actions. Among them was that she had previously attempted to harm herself, according to allegations listed in a report by Greever. Swanson was required to attend counseling, documents showed. In the months that followed, Mecklenburg provided copies of electronic conversations with Swanson to village investigators. In August, Barfield decided to suspend Swanson. She reacted by filing a criminal complaint with the Lorain County Sheriff's Office. Lt. Robert Vansant and Detective Jason Aschemeier were not convinced by her account of events. Mecklenburg denied threatening or assaulting Swanson, according to Vansant's final report, and said that after looking for Swanson all night he had shown up at the auxiliary building, where she confronted him in a rage. Mecklenburg said Swanson became physical, smacking him and throwing items at him. Vansant's report also said that Swanson admitted to attempting to stab Mecklenburg in the past, then throwing a knife at him. Aschemeier reviewed statements by both parties and "determined that both statements appear to be false and minimized," Vansant wrote. The Sheriff's Office concluded there was not enough evidence to prove Swanson was assaulted. Investigations were hampered by a lack of security cameras at the police auxiliary building. Schneider said he was surprised there were none there, and he expected a request from Barfield to have surveillance cameras installed in the wake of the allegations. No such request materialized. Now Schneider said the village is "moving in the direction" of placing cameras at the facility. Wellington officials have since August carried out an internal investigation, but not a criminal one, even though it arose from allegations of assault. "I have no idea why it wasn't," Schneider said in an interview. "There's a lot of questions regarding, you know, I think we all have questions on those actions following that. Why wasn't backup called, or someone sent down there when it was first alerted to Barfield? Why would he show up by himself at Mecklenburg('s house)? It's just a lot of questions." There have also been internal discussions about why the incident played out as it did, he said. Barfield's role, for example, was never part of the investigation, Schneider said: "I don't know why the investigation didn't delve into that more." The process also was complicated by a lack of cooperation from Swanson and Mecklenburg, McPike said. He wrote that Mecklenburg chose not to be interviewed by police, on the advice of his attorney. Because he was no longer an employee and the investigation was not criminal in nature, officials could not force him to sit for an interview. But Swanson, who remained on the payroll, also refused to be interviewed, according to investigatory documents. She also cited the advice of her attorney when refusing to appear at a mandatory Oct. 13 meeting for questioning. McPike wrote that her actions violated policies on conduct, following directives and orders, general standards and attendance, and were gross insubordination. In a Nov. 28 hearing, which Swanson did attend, village officials said they could not prove that she had broken any rules, policies or regulations specifically with relation to the April 28 incident. However, failing to cooperate with the investigation as a village employee was deemed gross insubordination by Barfield. Both he and Poling recommended her termination. Swanson wrote a Dec. 2 letter, telling Barfield she was committed to keeping her job as his administrative assistant, and arguing she had not been insubordinate. "There is no logical reason for me to go from (2021) Employee of the Year to an insubordinate, unimportant and needless employee in quite literally … just over one year," she wrote. Swanson said she was "terrified to be involved in anything further regarding this matter." The decision rested with Schneider. After reading the investigatory documents, he took the full five days allotted to confer with legal counsel before giving his verdict. "At the end of the day, I thought it was in the best interest of the village to reinstate," Schneider said in an interview. He wrote that Swanson had no record of disciplinary issues prior to the investigation. "I have taken into account your prior unblemished record as well as the lack of cooperation from both yourself and former Sgt. Mecklenburg, which hindered the department's ability to conduct a full, thorough and beyond reproach investigation," Schneider wrote in a letter telling Swanson to report to work Dec. 13. The decision comes as the Wellington Police Department is going through major changes. Barfield has announced he will retire effective Feb. 3, and according to Schneider is using his paid time off through that date, with the exception of a couple of days in January. Poling is serving as acting chief in the interim. McPike has been hired to replace Barfield as chief in 2023. It is unclear whether Swanson will remain in the administrative assistant role when McPike becomes chief, Schneider said. The mayor said he is appreciative of the work Barfield has done with the department in the past eight years. Wellington police are also expected to move to 12-hour shifts in early 2023, a change Barfield opposed. Village Council has not voted to approve the longer shifts, but Schneider is approaching the move as a certainty. The change was proposed as a way to limit police overtime, which exploded in 2022, according to previous discussions by Council. Schneider said the Wellington Police Department is entering a new chapter. "Our expectations are we present a professional police force, where they do their job diligently to the best of their abilities, above board," he said. Jason Hawk can be reached at (440) 329-7122 or news@lcnewspapers.com.