A Sun Prairie police officer was just trying to cut motorists a break when he issued them $10 citations for seatbelt violations instead of for more serious offenses, records released to Isthmus show.
The officer, Matt McElroy, told his superior that he didn’t think it was fair to issue tickets for more serious violations while he was working on a grant specifically intended for seatbelt enforcement, especially if the stops were for violations he normally would not have written up.
“Officer McElroy thought that he could cut [drivers] a break by writing them the seatbelt citation rather than a citation for the original violation which generally would be more expensive and have more points,” wrote Sgt. Ray Thomson in his report on the matter, which led to McElroy’s negotiated resignation from the department. “Officer McElroy felt that no defense attorney would ever fight a ticket which was lowered from the original violation.”
The tickets were issued during four days of a seatbelt violation enforcement grant in 2016. As Isthmus reported in early May, McElroy was found to have improperly cited 25 motorists. The released records show that the drivers were stopped for other offenses including speeding, running a stop sign, making an improper turn, and lacking front license plates.
According to a statement issued by the Wisconsin Professional Police Association, which represented McElroy, “Matt offered these motorists a choice of a seatbelt ticket as a lesser option, believing he was giving each person a ‘break’ and saving them money, points and increased insurance costs. Upon reflection, Matt realized that although his actions were well-intentioned, they were wrong.”
The statement says McElroy “self-reported his mistakes to his superiors on his own accord in August of last year, months prior to any complaint being filed.” This refers to a memo McElroy submitted in the course of the probe, in which he said, “Upon realizing this mistake on the last day of the grant [Aug. 31], I immediately reported it to my supervisor and provided him with the facts of what I had done.” He also stated, “When writing the narratives for these citations, I was completely truthful in recording the actions I took.”
But the released records show that the investigation that led to McElroy’s resignation began only after a citizen contacted Sun Prairie Police Chief Patrick Anhalt in November to report that she had received a citation for not wearing a seatbelt when it fact she had been.
Thomson’s report says the citizen believed McElroy “was trying to cut her a break” and that “she appreciated not being cited for the high violation amounts.” But she began to feel uncomfortable when the Sun Prairie Star published her name in connection with her seatbelt violation and people she knew began asking about it.
In the course of his investigation, Thomson contacted cited motorists and reviewed video of McElroy’s traffic stops. In many cases, he found that McElroy explained that he was doing them a favor. He told one motorist stopped for a stop-sign violation, “l see that you are wearing your seatbelt, however I am going to issue you a ticket for not wearing your seatbelt,” which carried lesser consequences.
“You can do that?” the motorist asked, according to the report. McElroy did not respond.
In some cases, McElroy did issue tickets to people who were not wearing seatbelts, the investigation found. But in the 25 identified cases, Thomson either determined that the driver was wearing a seatbelt or was unable to substantiate this either way. These cases led to the Sun Prairie Municipal Court refunding the $10 fines. The Sun Prairie city attorney and Dane County district attorney’s offices also dismissed some other pending cases involving McElroy, believing he could not be trusted as a witness.
The investigation concluded that McElroy had violated several department rules including those against “conduct unbecoming an employee of the city while on or off duty.” He was placed on administrative leave in late December.
On Jan. 4, McElroy’s representative with the state police union, Andrew Schauer, said in an email, “I do see plenty of holes in this case, and I truly do not think this violation is worthy of separation considering his work record and considering the entire situation here.” But he agreed to “work out something agreeable to have the parties part ways amicably.”
McElroy’s separation agreement included the drafting of a reference response letter that cited his nearly five years of service but does not discuss the circumstances behind his resignation. His resignation was effective March 18.
Sun Prairie officials failed to disclose that one of its officers was determined to have issued improper citations. Nor did police officials and Sun Prairie City Attorney Mark Leonard convey that McElroy was issuing seatbelt citations in lieu of more serious tickets. But Dane County District Attorney, Ismael R. Ozanne, in his quoted remarks, did say this was his understanding.
Leonard earlier told Isthmus that the city was limited to what it could discuss by a “confidentiality agreement.” The police union, in its statement, asserts that McElroy’s resignation did not “require any confidentiality on the part of anyone.” Actually, a clause in the agreement does say, “McElroy shall refrain from complaíning publicly about either his employment or the circumstances of his resignation.”
But the separation agreement does not seem to clearly impose a confidentiality requirement on the city; Leonard, in a phone interview Friday, suggested that this language was present but declined to identify where in the agreement that it appears.
The agreement also pledges the city to not oppose an application by McElroy for unemployment compensation. But it does preclude him from any future employment with the city of Sun Prairie.
McElroy, the son of the Evansville Chief of Police Scott McElroy, is praised in the union statement for his commitment to the job and otherwise unblemished record. “By all accounts, including his annual evaluations, Matt was a hard-working officer, and one dedicated to protecting and serving the community with the respect, honesty, and integrity that every citizen deserves.”
But the statement said, he used “very poor judgment” in his handling of these traffic stops and is “disappointed beyond words that his actions will prevent him from serving as a law enforcement officer ever again.” It says he “monumentally regrets that he let his department and his community down.”
There are probably about 25 motorists who would be inclined to cut him a break.
Editor's note: This story has been edited to correct the spelling of Andrew Schauer, attorney with the Wisconsin Professional Police Association. It also corrected McElroy's effective resignation date, which was March 18.
