(File Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA, Wis. — Kenosha County Sheriff David Zoerner has admitted to collecting nomination signatures while in uniform during his reelection campaign, despite county ethics rules and Sheriff’s Office policies restricting political activity involving county uniforms and county property.
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The admission came in response to questions from Kenosha County Eye regarding allegations from Sheriff’s Office insiders and community members who claimed Zoerner had been campaigning while on duty, during working hours, inside county facilities, and while in uniform throughout the county over the last several months.
In an email Monday to Kenosha County Eye, Zoerner acknowledged attending a Senior Action Council luncheon at Ruffolo’s 2 Special Pizza and gathering nomination signatures while in uniform.
“The photograph you sent me is of me attending the Senior Action Council Luncheon at Ruffolo’s 2 Pizza,” Zoerner wrote. “I have presented to their group several times and did attend, and I did gather some nomination signatures in my uniform, which I am lawfully authorized to do. To answer your questions, I do not have ‘assigned hours.’ As I believe you are aware, I am at the office and work a great deal and am in touch with the staff constantly via email and text when I am not in the office. Yes I did gather nomination signatures in my uniform, which I am lawfully authorized to do. I am an elected sheriff covered by the Hatch Act. That is not the same as being a deputy sheriff.”
A Facebook post from the Senior Action Council advertised the luncheon as a community gathering held during the middle of the workday on May 6 at Ruffolo’s in Kenosha.
However, Zoerner’s admission that he collected nomination signatures while in uniform raises questions about whether the conduct violated county ethics rules and Sheriff’s Office policies.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Earlier this year, Kenosha County Human Resources Director Clara-lin Tappa distributed a countywide email reminding employees that:
“Campaigning, even for County Offices such as Sheriff… is considered non-work-related activity and is prohibited during work hours.”
Tappa additionally warned employees that:
“Campaign solicitation on County property is prohibited by the Kenosha County Ethics Ordinance.”
The Kenosha County Ethics Ordinance itself states:
“The use of County-owned uniforms, equipment or County-owned property for campaign purposes is prohibited.”
Sheriff’s Office policy also states employees may not wear any part of the uniform or identify themselves as employees of the Sheriff’s Office in order to:
“Endorse, support, oppose, or contradict any political campaign or initiative.”
Another Sheriff’s Office policy states employees may not:
“Use their official authority or influence to interfere with or affect the result of an election or a nomination for office.”
Some critics argue that when an armed sheriff in full uniform, carrying the authority of a badge and office, asks elderly residents at a daytime luncheon to sign nomination papers, some attendees could feel at least mildly pressured or intimidated into signing simply because of the position he holds, even if no explicit pressure is applied.
Kenosha County Eye also spoke with a member of the Sheriff’s Department on the condition of anonymity because the employee feared retaliation. The employee said it appears Zoerner considers himself exempt from the same restrictions that apply to deputies because he is the elected sheriff.
The allegations and Zoerner’s response are likely to draw additional scrutiny because the Sheriff’s Office previously counseled a previous candidate during the last sheriff’s race over campaign-related conduct while in uniform.
In a 2021 internal memorandum obtained by Kenosha County Eye, Sgt. David Wright documented counseling the candidate after he attended an event while in uniform during his own campaign for sheriff.
According to the memo, the candidate acknowledged that speaking about his campaign while in uniform “would be against the rules for running for an elected position while on duty.”
Wright further instructed the candidate that because he had attended the event “in uniform representing the KSD,” he would need to “leave any future events and return in your personal vehicle out of uniform to speak to a crowd regarding your run for Sheriff…”
Ironically, Zoerner himself personally brought the prior discipline involving the previous candidate to the attention of this author during the previous sheriff’s race and at the time expressed disagreement with how the candidate had been treated over campaign-related activity while in uniform. Now, years later, Zoerner appears to be embracing the very same type of conduct that was previously deemed improper by himself.
6 Responses
As an elected official and constitutional officer some rules may not apply to Zoerner. That said, obviously some do, such as campaign activity on county property.
He’s the elected sheriff. There’s a difference. Oh and the county personnel director has no authority over the elected sheriff.
Let’s see her enforce all her precious ordinances on an elected official. Is she going to have them sent to Ordinance Jail?
Technicalities between being an elected official and employees? Probably always uses his county issued vehicle because he never knows when he has to go to ‘on-duty’?
He does what he wants and sends his trained monkeys to write tickets with out merit or proof he a joke and should loose wait before he wears any uniform
Sure asking little old ladies for signatures while in uniform seems to be on the line, the fact is that the sheriff by definition is on the job 24 hours a day.
I would think that a campaign assistant could walk around collecting signatures while the sheriff just walks around shaking hands.
Other candidates that are employees should have to follow the rules about uniforms. And by definition should not be campaigning while on the clock.
The sheriff has no clock. For good or bad his daily dress is a uniform. Period