KENOSHA, Wis. — Brian Sheffler (D), a Kenosha County courthouse employee and candidate for Kenosha County Clerk of Circuit Court, was recently photographed apparently sleeping at his desk after a courthouse employee observed him asleep for an extended period of time and snoring, according to courthouse sources who spoke with Kenosha County Eye.

Sheffler serves as Kenosha County’s Register in Probate and Juvenile Clerk. He formally registered his campaign for Clerk of Circuit Court on April 13, identifying himself as a Democratic candidate. His campaign finance paperwork identifies his committee as “Brian for Kenosha” and lists Sheffler as his own treasurer. Sheffler is running against former Kenosha County Board Supervisor Zach Rodriguez, a Republican, in the Nov. 3 general election.

KCE is told the employee who observed Sheffler sleeping took a photograph documenting what the employee witnessed. Sources say Kenosha County Human Resources subsequently began an internal investigation. KCE is also told that HR was already aware of several previous complaints about Sheffler allegedly sleeping while at work.

But courthouse sources say the investigation now appears to have shifted away from the underlying allegation that Sheffler was sleeping on the job and toward determining who photographed him and why.

According to sources, county officials now know the photograph is genuine. KCE is told HR initially questioned whether the photograph was AI-generated, a suggestion courthouse insiders described as absurd. After determining the photograph was authentic, however, HR’s investigation did not end.

Instead, KCE is told HR personnel are contacting employees throughout the courthouse and questioning people in an apparent effort to identify the employee or employees responsible for taking and sharing the photograph.

That raises an obvious question: Why does Kenosha County appear to be devoting so much investigative attention to the person who documented alleged workplace misconduct rather than the alleged misconduct itself?

“Someone took a photo documenting what appears to be a serious workplace violation, and this isn’t the first time he’s allegedly been caught sleeping at work. But instead of focusing on the employee who was sleeping, Kerkman and Tappa have put the people who reported it in their crosshairs,” a courthouse insider told KCE. “Why are they investigating the people who reported the problem? What about the guy who was sleeping?”

Sources familiar with the situation believe County Executive Samantha Kerkman is attempting to shield Sheffler, her referred candidate for Clerk of Courts, from discipline or a formal write-up while allowing Kenosha County Human Resources Director Clara-Lin Tappa to conduct what those sources characterize as another courthouse witch hunt.

Neither Kerkman nor Tappa responded to requests for comment from KCE.

Kenosha County’s employee handbook contains a firm prohibition against retaliation (whistleblowers), which should protect whichever employee or employees took the photograph documenting Sheffler’s alleged workplace conduct. The apparent effort to identify the person behind the camera raises serious questions about whether county officials are respecting those protections.

If a county employee believed another county employee was sleeping for an extended period while being paid by taxpayers, documenting that conduct and reporting it would seem to be precisely the type of activity for which an employee should not have to fear retaliation. An aggressive effort to identify the photographer could also have a chilling effect on other county employees who witness potential misconduct and consider reporting it.

A Familiar Pattern At Kenosha County HR

This would not be the first recent courthouse controversy in which Kenosha County HR appears to have turned its attention toward an employee who arguably should never have become the target of such an aggressive investigation.

Earlier this year, another courthouse employee was investigated over a digital photo frame she had openly kept on her desk for years. The employee used the device to display a rotating collection of photographs of her children. KCE is told she had used the digital photo frame openly for years and had never been told she could not have it at work.

The matter escalated beyond an ordinary personnel issue and was eventually referred to the Kenosha County Sheriff’s Department for a criminal investigation.

The sheriff’s investigation ultimately found no criminal conduct. The investigating detective concluded there was no evidence that private communications had been intercepted, no sensitive information had been transmitted or recorded and no intent to engage in criminal behavior.

The investigation also established that the Intake Court proceedings occurring at the relevant time were open to the public. The detective reviewed the court calendar, determined none of the hearings were closed and noted that members of the public were sitting in the gallery.

Despite the results of the criminal investigation, the employee was fired.

She subsequently applied for unemployment insurance benefits, which Kenosha County opposed. The employee was initially denied benefits, appealed the determination and ultimately won her unemployment appeal.

KCE is also told another courthouse employee had the same type of digital photo frame but was not punished and quickly removed it after the first employee was fired.

Now HR appears to be conducting another wide-ranging courthouse investigation, only this time the employee under scrutiny appears to be the person who documented somebody else’s alleged workplace misconduct.

Rather than simply determining whether Sheffler was sleeping at work and deciding whether discipline was warranted, sources say HR personnel are attempting to determine who took the photograph and are contacting employees throughout the courthouse as part of that effort.

The common thread is Kenosha County HR turning what could have been relatively straightforward personnel matters into sprawling investigations focused on courthouse employees who sources believe should not have been targeted in the first place.

There is, however, a significant difference in the treatment of Sheffler himself. In the earlier case, a courthouse employee was ultimately fired over a digital photo frame after years of open use and despite a subsequent criminal investigation finding no criminal intent. In the current case, sources believe county leadership is attempting to protect Sheffler from being formally disciplined after he was reportedly photographed sleeping at his desk.

Candidate For Clerk Of Circuit Court

The allegations surrounding Sheffler carry additional public significance because he is asking Kenosha County voters to elect him Clerk of Circuit Court.

For voters, an allegation that a candidate seeking to oversee the Clerk of Circuit Court’s office was sleeping at his desk during the workday is a legitimate matter of public concern. How county leadership responds to that allegation, and whether employees who document potential workplace misconduct instead find themselves subjected to an aggressive HR investigation, is also a matter of public concern.

KCE is continuing to investigate the circumstances surrounding the photograph, the scope of the HR investigation and whether Sheffler will face any discipline.