There's enough evidence to believe the Justice Department demoted its public integrity chief in retaliation after she questioned a plan to provide taxpayer-funded security for Attorney General J.B. Van Hollen at a political convention, a state equal rights officer has found.

But the finding also said Justice officials considered demoting Joell Schigur earlier.

Schigur, 37, was demoted to special agent in May, days before her two-year probationary period expired and months after receiving a positive review.

DOJ officials said at the time of her demotion that she was insubordinate, defiant and uncooperative. They also said her demotion had nothing to do with the concern she voiced about the legality of providing state-funded security for Van Hollen at the Republican National Convention in St. Paul, Minn., earlier this month.

But in a Sept. 26 letter to Schigur, equal rights officer Raymond Mejia said there is "probable cause" that DOJ violated state whistleblower laws by demoting Schigur in retaliation for questioning the security plan. The case now goes to an administrative law judge for a hearing.

"We're obviously pleased with this result," said Peter Fox, Schigur's lawyer. "The investigator believes ... there's reason to believe this action was retaliatory," DOJ spokesman Bill Cosh said in a statement, "We are confident that DOJ's employment decision was correct, in accordance with the law and in the best interests of the public."

Other personnel moves

Schigur's demotion was one of several personnel moves within the Division of Criminal Investigation under Van Hollen that reshaped the leadership of the state's top crime fighting unit.

In January, DCI administrator Jim Warren resigned rather than take a demotion after clashing with Van Hollen's administration. That same month, the head of the special assignments bureau, Carolyn Kelly, was suspended. Kelly was later demoted in May over e-mails she sent that Van Hollen's administration perceived to be threatening.

In Schigur's case, Mejia found:

• Amidst the DCI turmoil in February, Mike Myszewski, who took over for Warren, gave Schigur a positive review and drafted a recommendation that her public integrity bureau probation be lifted early. But the recommendation wasn't formally acted on.

• A month later, Myszewski and Schigur argued over which agent should investigate an alleged internet-based crime involving the child of a DOJ employee. Schigur, who oversaw those kinds of investigations, wanted a Madison-based agent for logistical reasons while Myszewski wanted a Milwaukee-based agent who "had developed a relationship with the Attorney General" assigned to the case.

Schigur drafted a memo regarding what she considered misuse of state resources but she never gave it to officials.

• Myszewski recommended demoting Schigur in early April, citing the March argument over the investigator, according to an April 8 memo. The memo also cited Schigur's perceived support for Kelly and criticism of Van Hollen and DOJ management as reasons for the recommendation.

Fox said he hasn't seen that memo but that it offers an additional "political motivation" for the demotion.

• Later in April, Schigur raised questions about the legality of providing state-funded security for Van Hollen at the RNC. Three days later Cindy O'Donnell, DOJ's management services administrator, sent Myszewski an updated evaluation of Schigur that formed the basis for her demotion in May.

In an affidavit provided to the Wisconsin State Journal by the Justice Department on Monday, O'Donnell said the decision to demote Schigur was made before Schigur questioned the security plan.

Mejia wrote that even though Myszewski recommended demoting Schigur before she questioned the plan to provide security for Van Hollen, the issue should be resolved at a hearing.

Schigur has also filed an appeal with the state Employment Relations Commission. Fox said she wants the demotion reversed.

Van Hollen went to the convention without taxpayer-funded security, according to the DOJ.