CHEBOYGAN — An investigation from the Michigan State Police has revealed allegations against Cheboygan County Undersheriff Josh Ginop, currently a candidate for sheriff, and questions about how the department handled the matter when it was first reported.
According to recordings and statements, Ginop forcibly touched the wife of a fellow officer on two separate occasions in 2013. The officer and his wife reported the incident to then-Sheriff Dale Clarmont, who retired in January 2023.
The allegations resurfaced on Feb. 14, 2024, when then-Sheriff Deputy Jeff Bur, who was fired from the department in March, wrote in a text message to Cheboygan County Assistant Prosecuting Attorney Anthony Juillet that he wouldn't vote for Ginop because "I will not support a rapist." Juillet sought clarification from Ginop, who subsequently filed a slander lawsuit against Bur.
Conflicting statements
In his report, Juillet wrote: "I asked Undersheriff Ginop if there have ever been any allegations made against him that Bur could possibly be referring to. He advised, around 11 years ago, an allegation was made about him kissing another officer's wife at a party, but (said) that was proved to be false."
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The Cheboygan County Prosecutor's Office referred the matter to the Charlevoix County Prosecutor's Office, which prompted the MSP investigation.
The case report indicates there are recorded conversations documenting "an incident wherein the victim disclosed that Ginop engaged in forcible and unwanted sexual touching on two occasions on one night."
The recordings contain statements from Ginop, who claims he cannot remember the incident because he was intoxicated.
Charlevoix County Prosecuting Attorney Kit Tholen found "the recordings do not document in any way that the incident was proved to be false. To the contrary, the victim has not retracted the claim, and her statement appears to be corroborated by (a witness') observations, supported by statements within the recordings attributed to another person who was nearby, and were not refuted by Ginop."
Tholen also found: "Based on the recordings and what is known about the incident, there is no identifiable, reasonable bias or motive for her (the victim) to have fabricated and still maintain this claim."
The slander lawsuit against Bur was dropped following the findings.
Lack of internal investigation
Tholen expressed concern in his report about the lack of an internal investigation within the Cheboygan County Sheriff’s Department regarding the incident, despite the seriousness of the allegations.
"The lack of any additional sheriff's office records is an indication there was not a documented internal investigation proving the claim to be false," Tholen wrote.
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Instead, department records indicate Ginop was promoted to sergeant, as reported by the Michigan State Police.
Requests for documentation regarding the department's 2013 investigation and any subsequent action have gone unanswered or been denied. The county has claimed exemption under state law to withhold investigation files.
Termination of Deputy Bur
During the investigation, Bur was placed on administrative leave and subsequently terminated in March for making "false accusations" about Ginop.
David Willis, who is representing Bur with the Fraternal Order of Police Labor Council, says Bur was improperly terminated.
"The burden of proof is on the employer (sheriff’s office) to demonstrate justification for termination," said Willis, who noted Bur was terminated before completion of the investigation.
The case is scheduled for arbitration in late September.
Cheboygan County Sheriff Tim Cook responded to the allegations in an email to The Daily Tribune.
“An employee was terminated for presenting a false allegation to the prosecutor’s office against a commanding officer," Cook wrote. "There is much defamatory and false information being presented regarding the past and current administrations of the sheriff department. This is ongoing, as a grievance has been filed by the union and there is a process that will be followed. I find it incredibly suspicious that certain parties would present this at the time of the election for sheriff.”
Cook also indicated the word “rape” used in the text was inaccurate and did not align with the dictionary definition of the word.
Ginop did not respond to multiple requests for comment. FOIA requests to the Cheboygan County Sheriff's Office are still pending.
— Contact reporter Annie Doyle at (231) 675-0099 and adoyle@charlevoixcourier.com
This article originally appeared on The Petoskey News-Review: Misconduct allegations made against Undersheriff Ginop, Cheboygan County Sheriff's Office
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