Board rejects officer’s moonlighting grievance

Grafton Police Chief Jeff Caponera’s decision to rescind permission for one of his officers to participate in the Port Washington Fire Department’s dive team was affirmed Monday by the Village Board.

The board asked questions of Caponera and Officer Urs Brechbuehler before deliberating in closed session for about 15 minutes, then voted in open session to affirm Caponera’s decision.

“I will respect and abide by whatever decision this board reaches,” Brechbuehler said before the board went into closed session.

“I remain committed to serving this community and fulfilling my duties.”

In a memo to the board, Village Attorney Michael Herbrand noted that Monday’s meeting was not a hearing with sworn testimony.

The board is asked only whether to approve the grievance filed by Brechbuehler or deny Brechbuehler’s appeal of Caponera’s decision, he said.

Brechbuehler filed the grievance against the department and Caponera on Dec. 3, according to the memo, and Caponera denied it on Dec. 8.

According to documents filed with the board:

Brechbuehler received permission from Caponera in October to work as an on-call rescue diver for Port Washington.

On Nov. 25, Caponera wrote to Brechbuehler rescinding that approval.

The decision, he wrote, was based on “operational necessity. Our department continues to experience significant staffing shortages due to ongoing FMLA (Family and Medical Leave Act) leave and other employee absences, resulting in critical gaps in coverage and operational capacity.

“Under these circumstances, it is essential that all available personnel remain focused on and available for their primary duties with our department.”

Caponera also noted that an injury Brechbuehler suffered during a dive team practice on Nov. 24 “underscores the concerns that necessitate this decision,” demonstrating the risks associated with outside employment and the potential impact on availability and fitness for duty.

But in his appeal, Brechbuehler wrote that the injury was sustained in an accident, no different than something others might suffer if they fell from a ladder at home.

And, he wrote, he was ready to return to work on Nov. 25 but was directed by Assistant Police Chief Eric Sutherland to remain home until a doctor cleared him, which extended his time off to three days.

Brechbuehler wrote that he had never missed a day of work due to an injury before this occurred.

Not being able to work for the Port Fire Department, he wrote, would create a financial burden for him.

Caponera told the board that outside employment requests are considered on a case-by-case basis, adding that the probability of getting hurt on the outside job is a factor he considers.

The availability of officers is also something he considers in making these decisions, he said.