By Shereen Siewert | Wausau Pilot & Review

A former Everest Metro Police captain is suing the department in an effort to keep records surrounding misconduct allegations from being released to the public, Wausau Pilot & Review learned Monday.

John Rusinek, who was employed by EMPD since February 2007, resigned in July. At the time of his resignation, Rusinek was operations captain. He sued the department on Sept. 6.

The lawsuit comes at a time of turmoil within the department. As previously reported, EMPD Chief Clay Schulz is also under investigation, action prompted by a sexual harassment complaint.

According to court documents, Rusinek was at the center of an alleged misconduct investigation but resigned before any disciplinary process could begin. After his resignation, the department received an open records request seeking all complaints and investigative material related to Rusinek. EMPD granted the request Aug. 22 and informed Rusinek, who had 10 days under state law to file action seeking a court order to prevent the disclosure.

Wisconsin law includes a provision preventing access to records containing to a current investigation of a criminal offense or possible misconduct connected to employment prior to the investigation being completed. Rusinek’s attorneys claim that the records cannot be released because the investigation was never finalized.

On Saturday, Wausau Pilot & Review reported on the lawsuit but did not receive a copy of the complaint until Monday.

Unclear is whether the lawsuit filed by Rusinek is related in any way to the allegations against Schulz, which appear to have been filed by an employee who is not an officer in the department.

Jim Palmer, executive director of the Wisconsin Professional Police Association, confirmed Saturday that a formal written complaint was filed with the Joint Police Commission alleging that Schulz has “engaged in a wide range of improper conduct constituting sexual harassment.” Palmer said he found it “baffling” that so far Schulz has not been placed on administrative leave, as is typical protocol for any officer under investigation.

Palmer on September 14th wrote to members of the commission, urging them to immediately place Schulz on leave and restrict him from entering or accessing department facilities while the matter is pending.

Village of Weston President Mark Maloney referred questions about the matter to EMPD Commission president Dave Eisenreich, who has not responded to emails requesting comment. Schulz has not responded to emails seeking comment.

Wausau Pilot & Review also reached out to Nicholas Fairweather, an attorney representing Rusinek, seeking comment for this story but did not receive a response.

Future dates in the lawsuit have not yet been set, though court records show an attorney for EMPD filed a response and affirmative defense on Sept. 18.

This is a developing story that will be updated as additional information is released.

provides that an authority “shall not provide
access under s. 19.35(1) to records containing … [i]nformation relating to the current
investigation of a possible criminal offense or possible misconduct connected with
employment by an employee prior to disposition of the investigation.”