Jan. 19—AUSTIN — A claim of workplace misconduct against Mower County Sheriff Steve Sandvik was investigated and found to be unsubstantiated. However, a central element of the claim — that the sheriff was intoxicated — is true.

County Adminstrator Trish Harren said Thursday that Sandvik's drunken condition at work on Nov. 16 was confirmed by a police officer's observation of slurred speech and the smell of alcohol on him.

Sandvik was taken home and an investigation, by the law firm Ratwik, Roszak & Maloney, a firm on retainer with the county, began two days later. The firm has now determined the workplace misconduct claim to be unsubstantiated, according to Harren. Sandvik's intoxication has been determined to be linked to post-traumatic stress disorder.

County employees who were interviewed by the law firm reported that on Nov. 16 Sandvik seemed to be in a happy mood and was engaging in banter. An employee reported to a licensed peace officer their concern that the sheriff was intoxicated, Harren wrote in an email to the Post Bulletin.

"(The officer) reported that he was readily able to determine that Sheriff Sandvik had been drinking based on manner of speech, demeanor, bloodshot eyes, and smell of alcohol on his breath," Harren wrote. "The Sheriff was advised that if he attempted to drive home, that he would be pulled over, and tested. He did not drive home."

Sandvik denied being intoxicated that day in a phone call to the Post Bulletin shortly after the investigation into his conduct began. He described the situation as a personal medical issue and that he was not intoxicated that day. He declined to comment further.

He has not responded to repeated phone calls and emails from the Post Bulletin about the incident. He did not answer a call today seeking his comment for this story.

Austin Police Chief David McKichan has declined multiple requests from the Post Bulletin for comment on his department's involvement.

"Whether it is an employee or an elected official, we take behavior that may be a violation of policy or the law seriously," Harren wrote in an email to the Post Bulletin. "In this case, the investigation could not substantiate that Sheriff Sandvik violated any policy or law."

Documentation of the complaint and investigation are not readily available. Harren maintains that the letter from the law firm dismissing the claims is protected under attorney-client privilege. The original complaint was made verbally and not in writing. And that complaint was made to somebody outside the Mower County organization, because the employee who made the complaint could not immediately find a supervisor or member of Human Resources available to take the complaint.

Harren was out of the office at the time of the incident and received third-party notice of the complaint. She instructed Human Resources to contact the county's labor attorney to conduct interviews of the employees who witnessed Sandvik that day.

"At the time, the pieces did not make sense to any of us. In hindsight they do," Harren wrote. "Sheriff Sandvik was suffering from undiagnosed PTSD. He was not sleeping or eating well. He began to use alcohol as a way to manage the symptoms. Employees were concerned enough to report what they thought was intoxication at work."

Sandvik took leave for about one month before returning to work.

"He was given a diagnosis of PTSD and a number of evidence-based treatment recommendations," Harren wrote. "He focused very intently on the treatment protocols and has made remarkable steps toward a return to health."

Harren wrote that the county is committed to doing more to address the mental health needs of its employees.

Harren has repeatedly said that the county does not have any authority over an elected official like Sandvik.

"Any decisions regarding time away from work are his personal decision," she wrote in an email.