Police sergeant files petition for judicial review of captain promotion

A city police officer with more than two decades of supervisory experience is asking a court to overturn a promotion decision he says ignored his qualifications in favor of a less experienced candidate — and did so without any stated reason.
Kurt Helke, a sergeant with the Rhinelander Police Department, filed a petition in Oneida County Circuit Court on March 6, challenging the city’s Police and Fire Commission over its decision to promote Chad Brown to the rank of Police Captain.
The petition was filed the same day as Brown was sworn in at City Hall.
Helke, who says he has approximately 23 years of supervisory experience, contends the Commission passed him over in favor of a candidate with fewer than five years in a supervisory role — and never explained why.
The Commission conducted interviews for the position on February 5, he notes in the petition. In his filing, Helke alleges the Commission made its decision without disclosing any scoring criteria or evaluation rubric to either candidate, without requesting a recommendation from the Chief of Police, and without issuing any written findings or explanation for its choice. Helke argues that left him — and the court — with no way to understand how the decision was reached.

“The Commission did not provide written findings, reasons, or a stated basis explaining why the less experienced candidate was selected,” Helke wrote in a sworn affidavit accompanying the petition.
Helke’s legal challenge rests largely on a Wisconsin statute — Wis. Stat. § 62.13(4) — that requires municipal police and fire commissions to base promotional decisions on merit, efficiency, and fitness. He argues the Commission’s process fell short of that standard, amounting to what he calls an “arbitrary” decision.
The petition also raises a transparency concern. Helke says he submitted open records requests to both the Rhinelander Police Department and Rhinelander City Hall on February 16 — more than two weeks before the filing — and had received nothing in response, which he characterized as an unnecessary or intentional delay.
Helke, who is representing himself, is asking Judge Mary Sowinski to issue a writ of certiorari — a legal order compelling the Commission to produce the complete record of its deliberations — and ultimately to vacate the promotion decision and order a new process conducted in compliance with state law.
So far, reaction to the petition has consisted of a statement from city attorney Steve Sorenson backing the commission.
Chiamulera declined to comment while commission chairman Todd McEldowney, who is an attorney, directed the Star Journal to contact Sorenson.
“It is the City’s position that the Police and Fire Commission has the sole authority to appoint the Chief of Police and in this case Captain,” Sorenson wrote in an email to the newspaper “It is their responsibility to establish the criteria, recruitment processes, and testing standards for the positions. The Commission has the absolute authority to review applications, conduct interviews, and conduct examinations to determine the suitability of candidates. The Commission is a group of well qualified citizens separate from the City Council that has served the City well. At this point there is no reason for the City Administration to believe that the Commission operated other than in strict accordance with the applicable law. There is no evidence other than the statements of the complainant that would suggest otherwise.”
Sorenson also noted the city has asked the commission to provide the documents Helke has requested.
The police department has been in transition since Jan. 9 when former chief Lloyd Gauthier retired. Chiamulera, whose most recent rank was captain, succeeded Gauthier as chief, creating a vacancy.
During the swearing-in ceremony, Chiamulera was effusive in praising Brown.
“It’s been an absolute pleasure working with Chad over the last 19-20 years,” he said, noting that Brown has been with the department since 2007, “We worked a lot of shifts together and went on a lot of calls together. It’s a pleasure having Chad move up to the rank of captain with the police department.”
“Chad’s been deserving of this for a long time,” he added. “He’s a great guy, he’s an honest guy. He gets along with everyone and is well known in the community.”
“I’m going to take this and run with it,” Brown told family and friends gathered to watch the ceremony. “I’m going to do the best I can for the community.