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Investigation

Report of Investigation Related to Sylvania Township Fire Chief Michael J. Ramm's Complaint Alleging Harassment and Bullying by Sylvania

Township Trustee John Jennewine

April 30, 2021

By: Sarah K Skow, External Investigator Spengler Nathanson, P.L.L.

900 Adams Street Toledo, OH 43604 Telephone: (419) 241-2201 Email: [email protected]

This report contains the result of an external investigation into the allegation of possible misconduct by Trustee John Jennewine. An allegation of impropriety does not in itself

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Background

In late October 2020, two Sylvania Township Fire Department ("Fire

Department") firefighters/paramedics were investigated for violations related to their failure to respond to an EMS incident while out of district. On December 23, 2020, Sylvania Township Fire Chief, Complainant, Michael J. Ramm ("Chief Ramm" or "Complainant") issued discipline to the two Fire Department employees. The two Fire

Department firefighters/paramedics accepted the discipline Chief Ramm issued.

On or about January 5, 2021, Chief Ramm provided the Sylvania Township Board of Trustees an update regarding the investigation findings and discipline issued to the two Fire Department employees during an Executive Session at the Trustees' meeting.

Also on or about January 5, 2021, Respondent Trustee John Jennewine ("Trustee Jennewine" or "Respondent") emailed Chief Ramm and requested that Chief Ramm provide "any reports or communications" regarding discipline Chief Ramm had

recommended and issued to the two firefighters/paramedics. Trustee Jennewine copied the Township Administrator, the other Township Trustees, the Township Fiscal Officer, and Assistant Lucas County Prosecutor on his request. In that email, Trustee Jennewine indicated that he had talked with family and friends about the discipline matter and wanted more information because he did not have answers to the questions asked by his friends and family.

On or about January 11, 2021, Sylvania Township Fire Chief, Michael Ramm submitted a request for review into an incident and exchange that occurred between Chief Ramm and Sylvania Township Trustee John Jennewine on or about January 8, 2021, which occurred at Fire Department headquarters.

Scope of Investigation

An external, impartial investigation was conducted to determine whether Trustee Jennewine harassed Fire Chief Michael Ramm in violation of the Township's policy against unlawful harassment. The Sylvania Township Board of Trustees approved the external investigation at their February 16, 2021 meeting.

Witnesses

From March 10, 2021 through April 30, 2021, the Investigator interviewed 5 witnesses, with potentially relevant information, including: Chief Ramm, the Township Administrator, and current Township employees who witnessed and/or overheard the interaction between Trustee Jennewine and Chief Ramm on or about January 8, 2021.

The Investigator contacted Trustee Jennewine on three separate occasions over the course of three weeks (March 10, 17, and 25, 2021), requesting Trustee Jennewine

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participate in an interview related to the investigation. The Investigator also requested that Trustee Jennewine provide any recordings that he may have related to the January 8, 2021 incident. Trustee Jennewine did not respond to any of the Investigator's

requests. Trustee Jennewine has not responded to Chief Ramm's complaints against him.

Additional Evidence and Documents Reviewed

In addition to the witness interviews, the Investigator reviewed: emails exchanged between Chief Ramm and Trustee Jennewine (date range: 01/05/2021 through 01/11/2021); Chief Ramm's January 11, 2021 request for review of the incident; 3 separate written witness accounts about the incident between Trustee Jennewine and Chief Ramm1; the Sylvania Township Sexual and Other Unlawful Harassment Policy; the minutes of the February 16, 2021 Sylvania Township Trustees Meeting; and a

February 17, 2021 Facebook post Trustee Jennewine made regarding the underlying Fire Department discipline matter.

No audio or video evidence was offered during the investigation.2 Investigation Facts

Chief Ramm was on light duty from November 2020 into February 2021 for COVID-19 related reasons. Chief Ramm has been with the Sylvania Township Fire Department for 26 years as a full-time employee, and was promoted to Fire Chief in 2017. Trustee Jennewine is a third-term Sylvania Township Trustee.

Chief Ramm first met Trustee Jennewine when Trustee Jennewine was elected as a Township Trustee (approx. 2009). Chief Ramm described his interactions and

discussions over the years with Trustee Jennewine — except for the January 8, 2021 incident — as being business-like. Chief Ramm said that he had no other problems with Trustee Jennewine than what occurred on January 8, 2021. Chief Ramm expressed that Trustee Jennewine is perceived to not like the Township Fire Department. While

Trustee Jennewine may not have seemed to agree with some Fire Department-related matters in the past, Chief Ramm stated that he and Trustee Jennewine had not had any

1 (Dated January 8, 2021; January 14, 2021; and January 15, 2021).

2 Witnesses overheard Trustee Jennewine say that he was recording the dispute on his

phone on January 8, 2021. Prior to the external investigation, Chief Ramm had requested the recording, but did not receive any recording. On March 10, 2021, the Investigator also requested any recording from Trustee Jennewine, but received no

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falling out, animosity, or ill will between them. Trustee Jennewine had not cursed at or said anything offensive to Chief Ramm, prior to January 8, 2021. 3

On or about January 5, 2021, Trustee Jennewine emailed Chief Ramm and requested that Chief Ramm provide "any reports or communications" regarding discipline Chief Ramm had recommended and issued to the two Fire Department employees. Trustee Jennewine copied the Township Administrator, the other Township Trustees, the Township Fiscal Officer, and Assistant Lucas County Prosecutor on his request. In that email, Trustee Jennewine indicated that he had talked with family and friends about the discipline matter and wanted more information because he did not have answers to the questions asked by his friends and family.

On January 6, 2021, Chief Ramm asked the Township Administrator if the

Township Administrator could provide the Trustees with the packet of information that the Chief had previously provided the Administrator about the discipline. It was

recommended to the Chief that the Fire Department directly provide a copy to each Trustee. That same day, the Chief had his assistant preparing packets for the Trustees.

On January 7, 2021, Chief Ramm emailed the Trustees and told them that he had packets related to the discipline matters ready to deliver to each of the Trustees at Township Hall.

On January 7, 2021, Chief Ramm emailed Trustee Jennewine the packet related to one employee. Trustee Jennewine responded that he had "major concerns" and said he wanted to see all of Chief Ramm's emails with the Township Administrator,

Township Fiscal Officer, Trustee Mahoney, Township's legal counsel, and one of the Fire Department employees from September 27, 2020 through January 7, 2021, and asked the Chief to forward those email communications directly to Trustee Jennewine rather than going through the Township's IT firm. Trustee Jennewine said that if Chief Ramm needed assistance, Trustee Jennewine could meet the Chief at his office to show him how to get the emails he had requested. The next morning, Trustee Jennewine showed up at the Fire Department headquarters office.

On January 8, 2021, the Fire Department had a regular staff meeting at 8am; it was a virtual staff meeting with all four fire stations and headquarters. Chief Ramm was at the Fire Department Headquarters for the staff meeting. When he came out of the conference room, he saw that Trustee Jennewine was there to get the documents he had requested from Chief Ramm.

3 Although there was no indication of a prior incident between Trustee Jennewine and Chief Ramm, comments were made to the Investigator that indicated Trustee

Jennewine has been known to belittle or berate others.

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Trustee Jennewine walked towards Chief Ramm's office, closed the door, took his

coat off, pulled a chair up, and slammed his phone down. Trustee Jennewine's face was

red; he was unmasked. Trustee Jennewine appeared "mad" at the outset and was talking

with his hands.

Chief Ramm recalls that he told Trustee Jennewine about the Chiefs authority;

Chief Ramm told Trustee Jennewine about the underlying process being consistent with

the Fire contract, the meetings the Chief had with the Administrator and Township

counsel, and tried showing Trustee Jennewine the Fire contract. Trustee Jennewine said

he did not want to see the "fucking contract" and that he did not care. Trustee

Jennewine accused the Chief of lying to the Trustees; called the Chief a "fucking liar," "fucking worthless," and/or a "fucking idiot"; accused the Chief of holding out

information about the discipline for so long that the levy could pass; and told the Chief

he was going to record the "fucking meeting." Chief Ramm described Trustee Jennewine

as screaming during the incident and that Trustee Jennewine used multiple "f bombs" during their interaction. Trustee Jennewine said that the two Fire employees deserved

to be fired. Chief Ramm described Trustee Jennewine as having "went off' on Chief

Ramm and berated Chief Ramm about the discipline he had issued and believing that

the Chief was too lenient. Chief Ramm did not recall Trustee Jennewine saying

anything about the emails he had requested during the incident on January 8th.

Chief Ramm said that he told Trustee Jennewine that they were not getting

anywhere, that he did not deserve to be treated like this, and that he thought Trustee

Jennewine should leave before either of them said or did something they would regret.

Chief Ramm stated that Trustee Jennewine did not get in Chief Ramm's face and

did not come across the desk. Chief Ramm stated that Trustee Jennewine did not make

verbal or physical threats towards him during their encounter on January 8th. Chief

Ramm did, however, describe Trustee Jennewine's screaming and demeanor as

threatening.

Chief Ramm admits that he raised his voice, shouted, and "f bombed" in response

to Trustee Jennewine, and that Chief Ramm asked Trustee Jennewine to "fucking get

out" of Chief Ramm's office and not come back. Chief Ramm said that Trustee

Jennewine said something about "being so connected in the community that he cannot

be touched." Chief Ramm asked Trustee Jennewine if he was trying to get Chief Ramm's

job, opened the door to his office, and escorted Trustee Jennewine out. On his way out

of Chief Ramm's office, Trustee Jennewine called the Chief a "fucking liar" and the Chief

told Trustee Jennewine he was "out of control."

Trustee Jennewine angrily exited the main Fire office through two sets of doors.

He could still be heard shouting as he exited the office. Once Trustee Jennewine was out

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to make them aware of what happened. Chief Ramm expressed that he felt Trustee

Jennewine tried to intimidate him. Chief Ramm estimated that the entire encounter was

10 minutes.

At approximately 10:19am on January 8, 2021, Trustee Jennewine emailed Chief

Ramm and requested additional records regarding a prior OVI arrest related to one of

the two disciplined Fire employees, and stated that he had already received the video of

the arrest from the police department. Chief Ramm replied on January 9, 2021 that he

would send Trustee Jennewine an electronic copy of what he had for that employee on

Monday, January 11th.

Chief Ramm's January 11, 20214 written statement to John Crandall is consistent

with information he provided to the Investigator. Chief Ramm provided more or

additional details to the Investigator when recalling the events of January 8th.

Chief Ramm also expressed that he knows he has to hold himself to

professionalism and expressed remorse about his actions in front of his employees.

Three witnesses were present for the incident on January 8th; Chief Ramm told the

witnesses that if they were willing that they should provide statements documenting

what they observed and heard to the Township. Chief Ramm did not participate or

contribute to any of the witnesses' individual accounts of the incident.

Chief Ramm told the Investigator that he was upset and not in the frame of mind

to work following the January 8th incident. Chief Ramm contacted the Township's EAP

about the incident. Chief Ramm is clearly still bothered and upset by the incident. He is

concerned about what constitutes appropriate or proper conduct for elected officials

related to Township rules, and said that he is speaking up because this type of incident

should not happen with anyone, including an elected official. Chief Ramm told the

Investigator that he is not asking for an apology and is not looking for anything himself;

he wants to make sure something like this does not happen to someone else. Chief

Ramm told the Investigator he was not aware of other shouting matches between

Jennewine and other Township employees.

Chief Ramm said that he has not had any similar incidents with Trustee

Jennewine before or after January 8th. Since the January 8th incident, Chief Ramm has

provided Trustee Jennewine with documents and emails related to the underlying Fire

Department discipline; he provided multiple emails about the matter to Trustee

Jennewine by email on January 11, 2021. Chief Ramm told the Investigator that he

4 Chief Ramm's written statement is dated "December 11, 2021." During his interview,

Chief Ramm confirmed for the Investigator that his written statement was made on

January 11, 2021, and that the "December" reference was a typographical error.

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believes he can work with Trustee Jennewine so long as he is treated fairly and respectfully.

Witnesses' Statements and Interviews

The three written witness statements (dated January 8, 14, and 15), describe that

on January 8th the witnesses overheard yelling and multiple uses of the "F word"; one

witness statement said that the use of the "F word" was by both parties. None of those

witnesses were present in Chief Ramm's office during the exchange between Trustee

Jennewine and Chief Ramm. The yelling could be heard throughout the office even

through the closed door. One witness stated that Chief Ramm "forcefully" told Trustee

Jennewine to get out of his office. Two of the witness statements recalled that Trustee

Jennewine yelled "fucking piece of shit" at Chief Ramm to which Chief Ramm replied

"I'm the piece of shit!"

The eyewitnesses' recollection of the January 8th incident to the Investigator were

consistent with their written statements. One witness described Trustee Jennewine as

"charging" into the office, another described him as being visibly angry. One witness

said that Trustee Jennewine was the one who initially had the angry tone and

screaming; another said the first elevated voice was Trustee Jennewine's. Chief Ramm

was described as sounding frustrated and that Chief told Jennewine to "stop screaming

at me." The eyewitnesses' recollection supports that Trustee Jennewine was picking a

fight with the Chief, and things escalated quickly. All heard Chief Ramm yelling back.

The witnesses expressed shock and concern with the level and tone of the yelling. They

were paying attention to see if they would need to intervene if things became physical.

Nothing became physical and none of the witnesses heard any threats. One witness

recalled hearing Trustee Jennewine say that he was going to record the meeting. One recalled Jennewine calling the Chief a "fucking idiot." They recalled yelling by both

Trustee Jennewine and Chief Ramm and multiple "F bombs" could be heard through the

closed door to Chief Ramm's office. One witness told the Investigator that the witness

had not heard screaming like that in the many years that witness had been with the Fire

Department. Trustee Jennewine was described as appearing "on a whole other level" the

morning of January 8th. Trustee Jennewine was described to have stormed out of the

office, slamming doors on his way out. The three witnesses each estimated that the

encounter lasted approximately 5 minutes. Trustee Jennewine did not direct any

comments towards any of the witnesses present other than Chief Ramm. The three

witnesses present for the January 8th incident expressed concern for what had

transpired. One witness said that after Trustee Jennewine left the office, the Chief took a

few minutes and then came out and apologized for the situation.

The three witnesses confirmed that Chief Ramm did not tell them what to say in

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not write their statements together. Each of the witnesses separately expressed concern with Trustee Jennewine's February 16, 2021 statement at the Trustees' meeting. The Township Administrator confirmed that Chief Ramm had called him after the incident on January 8th and relayed that Trustee Jennewine had called him a "f ing liar" and made accusations about the levy; the Chief admitted he had also sworn and raised his voice but had felt provoked. The Chief also expressed his concern about potential retaliation by Trustee Jennewine to the Township Administrator. The Township

Administrator explained that the Chief could make a human resources related complaint about the incident if he chose to.

At the February 16, 2021 Sylvania Township Trustees' Meeting, Trustee

Jennewine read from a prepared statement before the vote was taken about hiring the Investigator's law firm as outside legal counsel to perform the investigation. In his statement, Trustee Jennewine expressed "frustration with the Fire Chief with his nonchalant attitude" regarding the underlying disciplinary matter with the two Fire Department employees. In his statement, Trustee Jennewine directed comments at the Chief about "inconsistent handling of HR" and took other issues with the Chiefs

handling of Fire Department matters and the levy. Trustee Jennewine's February 16th statement did not address or even mention the January 8th incident or his behavior.

Chief Ramm and each of the other witnesses expressed concern about the potential that Trustee Jennewine may retaliate against them for having participated in the investigation and for offering their accounts of the January 8, 2021 incident. Witnesses identified Trustee Jennewine's comments at the February 16, 2021 meeting as being a basis for their concerns and fears of retaliation by Trustee Jennewine. Chief Ramm also disputes the comments that Trustee Jennewine made during the February 16, 2021 meeting as being inaccurate, and was concerned that they were made in a public meeting. During their interviews in this investigation, Chief Ramm and the witnesses did not express that they had been retaliated against by Trustee Jennewine. Investigation Conclusions and Findings

The Complainant, Chief Ramm, expressed concern that he thought Trustee Jennewine may have intended to intimidate him, but that Jennewine did not threaten him. When the Complainant told Trustee Jennewine to leave his office, Trustee Jennewine did leave the office. There is evidence that Trustee Jennewine acted unprofessionally and made insulting comments to Chief Ramm. Trustee Jennewine conducted himself in such a manner as to disrupt the Fire Department's business and to make Chief Ramm or other Township employees uncomfortable and concerned about potential retaliation. There is also evidence that Chief Ramm also responded with similar language and tone to that which he complains of against Trustee Jennewine.

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Complainant has no other complaints against or involving Trustee Jennewine outside of the January 8th incident.

Upon review of the witness interviews, documentation and facts gathered in the investigation, there is insufficient evidence to substantiate Complainant Chief Ramm's allegations of harassment. Although caustic and inappropriate, the Complainant's

allegations and complaints about Trustee Jennewine's behavior, if true, do not appear to violate Township policy, in the judgment of this Investigator. Respondent Trustee Jennewine did not participate in the investigation, after invitations to do so. Based upon the facts gathered in this investigation, it is recommended that Trustee Jennewine be

provided training on dealing with difficult employment situations.

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