Mower County Investigation Findings

Jordan H.
Soderlind
jhs@ratwiklaw.com
January 9, 2023
Via Email Only
Ms. Kristina Kohn

Human Resources Director
Mower County
Human Resources
201 1st Street NE, Suite 12
Austin, MN 55912
RE: Investigation in Law Enforcement Center

Our File No. 5050-0073
Dear Ms. Kohn:
This letter is intended to summarize the key findings of the investigation into Sheriff
Steve Sandvik’s conduct at the Law Enforcement Center on November 16, 2022.
INTRODUCTION
On November 18, 2022, Kristina Kohn, Mower County Human Resources Director,
contacted Ann Goering of Ratwik, Roszak, & Maloney concerning allegations regarding
the conduct of Mower County Sheriff Steve Sandvik. The allegations involved Sheriff
Sandvik’s conduct toward employees at the Mower County Law Enforcement Center on
November 16, 2022, that could potentially constitute harassment and/or discrimination.
The allegations further involved concern that Sheriff Sandvik was under the influence of
alcohol at the time he engaged in such behavior. The undersigned was asked to review
the allegations into Sheriff Sandvik’s conduct, in particular comments that were made to
employees in the dispatch office, and determine whether Sheriff Sandvik’s conduct
implicated County policies prohibiting offensive conduct, harassment, and discrimination
based upon any protected class, including sex.1
1
While County personnel policies are not all necessarily applicable to elected
officials, such as the Sheriff, they are instructive for purposes of ascertaining potential
misconduct and guiding appropriate recourse.
Kristina Kohn
January 9, 2023
Page 2 of 4
Separate from and in addition to the investigation, the undersigned was advised that
another group of individuals would meet to address the concern regarding Sheriff
Sandvik’s alleged alcohol use. The investigator was subsequently advised that, as a
result of that intervention, Sheriff Sandvik acknowledged his misuse of alcohol, including
while he was performing duties as Sheriff, and that Sheriff Sandvik agreed to participate
in a chemical use assessment and follow all recommendations therefrom.
This summary is based upon the information gathered by the undersigned.
COMPLAINT
Based on her interactions with Sheriff Sandvik in the dispatch office on November 16,
2022, [Name Redacted] raised concern that Sheriff Sandvik had been drinking and was
under the influence of alcohol while at the Mower County Law Enforcement Center.
[Name Redacted] reported her concerns to [Name Redacted], Captain of the Austin
Police Department. Thereafter Captain Clennon interacted with Sheriff Sandvik and
similarly concluded that Sheriff Sandvik exhibited signs of being under the influence.
Captain Clennon reported the concerns to David McKichan, Chief of Police for the City
of Austin, including that [Name Redacted] was uncomfortable with Sheriff Sandvik’s
behavior. The complaint was then directed to the County.
INTERVIEWS
The undersigned investigator conducted interviews with individuals who were believed to
have relevant information regarding Sheriff Sandvik’s conduct on November 16, 2022.
Specifically, the undersigned investigator spoke with the following individuals:
[Name Redacted]
[Name Redacted]
[Name Redacted]
[Name Redacted]
Trish Harren, County Administrator for Mower County
Captain Todd Clennon, Austin Police Department

Kristina Kohn
January 9, 2023
Page 3 of 4
FINDINGS
Mower County prohibits offensive conduct, harassment, violence, and discrimination

based upon race, national origin, gender, religion, disability, age, marital status, status
with regard to public assistance or sexual orientation.
The initial allegations related to inappropriate comments, and therefore this investigation
was initiated to determine whether those comment may have been a violation of the
County’s policy against harassment and discrimination. The evidence does not support a
finding that Sheriff Sandvik made comments that were sexual or discriminatory in nature.
Instead, the evidence supports a finding that multiple employees in the dispatch office
were uncomfortable based on the perception that Sheriff Sandvik was under the influence
of alcohol, not because of any specific comment that he made or action that he undertook.
Several employees reported feeling uncomfortable based on their interactions with

Sheriff Sandvik. However, no witness reported feeling uncomfortable because of a
specific comment made by Sheriff Sandvik. Instead, the discomfort came from the
perception that Sheriff Sandvik, while in uniform and in the performance of his duties at
the Law Enforcement Center, was under the influence of alcohol. Sheriff Sandvik was
described as being in a “happy mood” and engaging in “banter.” As noted by [Name
Redacted] Sheriff Sandvik was exhibiting signs of intoxication late in the afternoon
shortly before staff, as well as Sheriff Sandvik, would be leaving the office and driving
home. The idea of Sheriff Sandvik driving in that condition was the leading concern.
Adding to the discomfort was the fact that Sheriff Sandvik is an elected official and, as
sheriff, the highest law enforcement officer in the County.
Despite the fact that these interactions with Sheriff Sandvik were brief, each employee
interviewed reported that they individually and separately perceived indicia of
intoxication based on their interactions with Sheriff Sandvik on November 16, 2022.
Further, Captain Clennon, who has specific training to recognize and evaluate signs of
impairment, stated that he was readily able to determine that Sheriff Sandvik had been
drinking based on Sheriff Sandvik’s manner of speech, demeanor, blood shot eyes, and
the smell of alcohol on his breath. Based on his observations Captain Clennon advised
Sheriff Sandvik that he would be arrested if he tried to drive home.
Kristina Kohn
January 9, 2023
Page 4 of 4
CONCLUSION
There has been no conduct alleged or described which constitutes unlawful harassment or
discrimination by Sheriff Sandvik based upon any protected class status. There is no
allegation that Sheriff Sandvik made derogatory or sexual comments to any dispatcher.
Instead, multiple dispatchers reported feeling uncomfortable because they perceived that
Sheriff Sandvik had been drinking, not because of any particular comment he made.
Please contact our office with any questions about the above findings.
Very truly yours,
/s/Jordan H. Soderlind
Jordan H. Soderlind
RRM: 488339

Mower County Investigation Findings

Uploaded by

Copyright:

Available Formats

Mower County Investigation Findings

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Mower County Investigation Findings

Uploaded by

Copyright:

Available Formats

Jordan H.

Via Email Only

Ms. Kristina Kohn

RE: Investigation in Law Enforcement Center

Dear Ms. Kohn:

This summary is based upon the information gathered by the undersigned.

Trish Harren, County Administrator for Mower County

Captain Todd Clennon, Austin Police Department

Mower County prohibits offensive conduct, harassment, violence, and discrimination

Several employees reported feeling uncomfortable based on their interactions with

Very truly yours,

You might also like