Oct. 17--Criminal charges were filed Friday against a Superior police officer accused of theft.
Kirk Michael Babic, 46, of Superior is facing one count of felony theft in connection with unauthorized withdrawals from a pooled fund to support the law enforcement fitness center.
Founded in 1998, 17 officers from the Superior Police Department and one deputy with the Douglas County Sheriff's Department contributed to the account to pay for equipment and maintenance of the fitness center.
According to the criminal complaint:
Eau Claire Police Department Investigator Derek Thomas was asked to conduct a criminal investigation involving suspicious withdrawals by a Superior police officer, following an internal investigation by Superior Police Capt. Chad La Lor.
Babic, a 20-year veteran of the Superior Police Department, was one of four officers authorized as a signatory on the account that was to be used solely for the purpose of purchasing equipment, cleaning supplies and general maintenance for a fitness center.
Superior Police Detective Michael Jaszczak discovered the suspicious withdrawals when he was trying to determine if there was enough money available to buy an elliptical machine for the fitness room. Jaszczak spoke to Babic about the withdrawals and Babic admitted he made withdrawals of about $2,000 from the account for his personal fitness classes.
Between June 23 and June 27, Thomas spoke with all the officers involved in the fitness center who confirmed the fund was set up solely to help fund the fitness center. Between Jan. 7, 2004, and March 28, 2011, Babic made 47 withdrawals from the account totaling $11,208.
Jaszczak told Thomas that several pieces of equipment had been purchased for the fitness center since 2003 and Babic was the one who made the majority of those purchases, which included a $2,500 purchase from the University of Wisconsin-Superior.
Jaszczak also told Thomas the protocol was "rather loose" and there was no record of receipts kept for confirmation of what was purchased or the cost of equipment.
While Babic admitted to taking about $2,000, subsequent to the discovery of the unauthorized withdrawals from the account, he paid about $5,087 in restitution.
Since June, Babic has been on paid administrative.
Babic is facing a hearing Nov. 4 before the city's Police and Fire Commission, which will determine whether or not he keeps his job. Police Chief Floyd Peters and Mayor Bruce Hagen are seeking his termination.
Since 2005, five other Superior city employees have been removed from their positions as a result of theft allegations including the city's former fire chief, Stephen Gotelaere, who was forced into retirement after it was discovered he'd falsified travel documents. It was later discovered Gotelaere stole more than $239,000 and he was sent to prison after being convicted of felony theft.
Two other city employees -- a Superior firefighter and finance department employee -- were also removed from their positions in 2005. In 2008, a library employee was fired as a result of theft, and last year another finance department employee lost her job after it was discovered she was shorting city deposits.
An initial appearance in the criminal charges against Babic is slated for Nov. 16.
A special prosecutor, Ashland County District Attorney Kelly J. McKnight, is representing the state in Douglas County Circuit Court.
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