KENOSHA, Wis. — Kenosha County Executive Samantha Kerkman (R) has decided not to place courthouse employee and Clerk of Circuit Court candidate Brian Sheffler (D) on administrative leave or suspension while county officials investigate allegations that he was sleeping at his desk, according to information obtained by Kenosha County Eye.

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The decision comes after KCE previously reported that Sheffler, Kenosha County’s Register in Probate and Juvenile Clerk, was photographed apparently sleeping at his desk. Courthouse sources told KCE that Sheffler had allegedly been caught sleeping at work on multiple occasions and that Human Resources initially questioned whether the photograph was AI-generated before determining it was genuine.

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KCE is now told that Samantha Kerkman contacted her ex-husband, Kenosha County Circuit Court Judge Chad Kerkman (D), about whether Sheffler should be placed on administrative leave or suspension.

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According to a source familiar with the conversation, Chad Kerkman opposed doing so because of Sheffler’s candidacy for Clerk of Circuit Court.

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“It’ll look too political,” Chad Kerkman said, according to the source, referring to the upcoming election.

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Sheffler is running in the Nov. 3 general election to succeed retiring Clerk of Circuit Court Rebecca Matoska-Mentink. County records confirm Matoska-Mentink filed a notice of non-candidacy and Sheffler filed to run for the office. Sheffler faces Zach Rodriguez (R), a longtime former Kenosha County Board supervisor and corporate executive.

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County, Not Chad Kerkman, Handles Sheffler’s Employment Discipline
Sheffler wears two hats at the Kenosha County Courthouse: Register in Probate and Juvenile Clerk. Kenosha County’s current staff directory identifies him in both roles. The distinction between those positions is important to the controversy surrounding how the sleeping allegation is being handled.

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As Register in Probate, Sheffler’s appointment and removal involve the judiciary. But Sheffler is also a county employee working as Juvenile Clerk, and courthouse sources say ordinary employment matters involving discipline, administrative leave and suspension are county personnel matters.

Courthouse insiders therefore say Samantha Kerkman’s decision to leave the question of suspension or administrative leave up to Chad Kerkman is unusual.

Chad Kerkman is the Deputy Chief Judge of Wisconsin’s Second Judicial Administrative District. He is not the district’s chief judge. That position is held by Racine County Circuit Court Judge Wynne Laufenberg. The Wisconsin Court System says the chief judge supervises and directs administration of the judicial district, while the deputy chief judge acts in the chief judge’s absence or unavailability.

Insiders characterize Samantha Kerkman’s decision to turn to Chad Kerkman as a way to avoid making a difficult personnel decision herself, particularly because Sheffler is currently running for elected office. Sources also allege Samantha Kerkman wants Sheffler to win the Clerk of Circuit Court election. KCE has not independently verified that allegation.

Sheffler Says He Was On Lunch Break
KCE is also told Sheffler has discussed the photograph with others, including former Kenosha County Clerk Mary Schuch-Krebs Kubicki, and has maintained that he was on his lunch break when the photograph was taken.

Courthouse insiders dispute that explanation. They maintain Sheffler was not on an authorized lunch break when the photograph was taken and allege that sleeping at work has been an ongoing issue involving Sheffler.

Complicating Sheffler’s explanation, courthouse insiders say his immediate supervisor, Clerk of Circuit Court Rebecca Matoska-Mentink, has implemented and strictly enforces a rule requiring employees who are on their lunch break to prominently display a sign indicating they are at lunch. Sources say Sheffler had no such sign displayed when he was photographed sleeping. Kenosha County identifies Matoska-Mentink as Clerk of Circuit Court and Sheffler as Register in Probate/Juvenile Clerk.

That leaves two possibilities, according to courthouse insiders: Either Sheffler was sleeping during working hours, in violation of workplace rules, or he was on his lunch break and violating Matoska-Mentink’s requirement that employees prominently display a lunch sign.

Insiders say they strongly doubt it was the latter. They maintain Sheffler was not on an authorized lunch break and allege that sleeping at work has been an ongoing issue involving him.

Will There Be Discipline?
It remains unclear whether Sheffler will receive any discipline for the incident.

Sources tell KCE that Samantha Kerkman has effectively turned the HR handling of the matter over to Kenosha County Human Resources Director Clara-Lin Tappa. The county currently identifies Tappa as its Human Resources director. Kerkman nevertheless remains the county’s chief executive. Kenosha County says the County Executive is responsible for most administrative and management functions of county government.

Courthouse insiders say Kerkman has effectively conceded HR authority in this matter to Tappa, despite the County Executive’s authority over the Human Resources director.

The question now is whether Tappa will impose any discipline related to the sleeping allegation, something courthouse insiders allege Sheffler has done repeatedly, or whether the county will accept Sheffler’s reported explanation that he was on his lunch break.

Sheffler will face Rodriguez in the Nov. 3 general election.