GPD captain explains why he is undergoing a fitness for duty evaluation

The following is text from an e-mail that was written by Capt. Charles Cherry, commander, Eastern Division, Greensboro Police Department, and sent to officers under his command at 7:21 p.m. on June 17. This document was obtained from an anonymous source. Its authenticity has been confirmed. It has been retyped, but is presented in comprehensive and verbatim form.

Captain Cherry’s Status

Eastern Division Personnel, on Monday June 7, 2010, I was placed on Administrative Duty, pending a Fitness For Duty Evaluation. Keep in mind that a fitness for duty evaluation is a departmental process that an officer may be required to complete, which ultimately benefits the Agency, the officer and the community. It is nothing to be ashamed of or embarrassed about, especially considering the stressful jobs we all hold.

I am going to share this information with you all, primarily, for the following reasons:

• As your Commander, I believe it is my obligation to inform you of my status. If one of you were going through this process, I would be the first to know. I also just think it is the right thing to do.
• City Manager Mr. Rashad Young has a stern policy (and rightfully so) as it relates to malicious gossip and criticism. By informing you, you can be free to speak about the situation with the known facts.
• Since being placed on Administrative Duty, I have seen, spoken to and received phone calls from many of you and also questions relating to my status.
• Giving you this information can be beneficial for officers in the future who go through or have colleagues who go through the process. It may help to alleviate the “stigma” that can some times be associated with a fit for duty process.

Shortly after I was placed on Administrative Duty (Fit For Duty Evaluation), Lieutenant Richey contacted me by telephone. Lieutenant Richey (meaning well as he always does) informed me that he was going to tell the guys that I was just taking time off. I instructed Lieutenant Richey not to do that, but to inform officers that I was going through a Fit For Duty Evaluation, and that I would inform all divisional officers of the exact reasons. I also informed Lieutenant Richey that the minute one of our officers saw me at the MMOB in plain clothes when I was supposed to be taking time off, it could cause issues. I gave Lieutenant Richey basically the same reasoning as noted previously in this e-mail.

Shortly after speaking with Lieutenant Richey, I contacted a Bureau Commander by telephone. As a courtesy, I informed the Bureau Commander of what I was going to do, citing basically the same reasons that I had given to Lieutenant Richey. The Bureau Commmander indicated that I could do that if I wanted, however, they (Senior Command with knowledge) would not release the information. I informed the Bureau Commander that I would read from the Fit For Duty Recommendation Memo given to me, by Senior Command. This would allow for consistent, factual and neutral information.

It should be noted that Departmental Directive 8.2 states, “If a psychological fitness for duty assessment is deemed appropriate, it will be coordinated through the Resource Management Division and the employee will be advised of the specific circumstances that prompted the action.”

I will write the recommendation memo, which will be italicized and I will elaborate slightly to explain the specific criteria utilized, to place me in a fit for duty status. The fit for duty recommendation memo, and my explanations are as follows:

During the past two months, Captain C.E. Cherry has submitted and/or written seven (7) grievances. He has also submitted and/or authored additional responses to the responses he has received. Captain Cherry’s Explanation: This statement is accurate. Four (4) different officers with four (4) unrelated issues came to me and asked for assistance in writing a grievance. As I would with any of you, I looked at their situations, and if they did not have issues to be aggrieved, I would have corrected, redirected and assisted them with handling similar problems in the future. As it turned out, these officers did have issues to be aggrieved and had reached a point (they believed) at which they had exhausted all other avenues of resolution. I did assist the officers in preparing grievances. This action is not in violation of Departmental Directives or City Policy, however, it is part of the criteria as to why I am undergoing a Fit For Duty Evaluation.

The manner in which the documents are constructed, Captain Cherry’s Explanation: The grievances were documented utilizing mandated memo format as expressed by the City Manager’s Office. There was no derogatory or disrespectful language in the memorandums. This action is not a violation of Departmental Directives or City Policy, however, it is a part of the criteria as to why I am undergoing a Fit for Duty Evaluation.

His inability to accept reasonable responses, Captain Cherry’s Explanation: In the grievance process, Departmental Directive 3.9 (Grievance Procedures), certain subject matter can be appealed to the level of the City Manager’s Office. Many of these grievances are at the level of the City Manager or Assistant City Manager awaiting a ruling. If you submit a grievance and it gets to my level as a Captain, I have to respond on paper. You may accept my response, but if you do not agree and are not satisfied, Departmental Directive 3.9 and City Policy H-2 (Complaint Resolution), allows you the opportunity and right to appeal the response to the next level of supervision. Appeals can go all the way up to the City Manager’s Office. That is what the four (4) officers and I have done. Again, the grievances are at the level of the City Manager’s Office. Not “accepting” the supervisor’s “reasonable” response is not a violation of Departmental Directives or City Policy. However, it is a part of the criteria as to why I am undergoing a Fit For Duty Evaluation.

His physical reactions in front of subordinate employees (sworn and non-sworn) during this time period gave rise to concerns for his emotional stability. While it is unknown if this is an emotional stability issue or a performance issue, Captain Cherry was afforded an opportunity to voluntarily seek assistance through the Employee Assistance Program. Captain Cherry's Response: I have not been investigated, sustained and am not currently under any investigation relating to my physical reactions or anything else. I was rated a level (4) on my last evaluation. I have not been counseled as it relates my physical reactions. The Employee Assistance Program is voluntary and confidential. Although there is no violation of Departmental Directives or City Policy, it is a part of the criteria as to why I am undergoing a Fit For Duty Evaluation.

After receiving this offer, Captain Cherry immediately filed two complaints on another employee. Captain Cherry’s explanation: This is an accurate statement. I did file two complaints on another employee. The complaints were on another Division Commander. In one instance, the Commander was telling me and other Commanders that he had cursed out a subordinate sergeant under his command. He then proceeded to call the subordinate sergeant stupid. The second complaint, was on the same commander. After a discussion in the Commander’s office, we were in the hallway and I was walking behind the other Commander. The other Commander turned to me blocked my way and referred to me as a “jerk.” I stepped to the side, made a statement relating to our initial conversation and walked away. The complaint was utilized in the other Commander’s evaluation, according to his Bureau Commander. The fact that the information was utilized in the other commander’s evaluation would lend credence that the complaints were valid. In addition, any employee or citizen can file a complaint should they feel compelled to do so. Filing a complaint is not a violation of Departmental Directives or City Policy, however, it is part of the criteria as to why I am undergoing a fit for duty evaluation.

Based on his overall behavior, Captain Cherry was referred to the Professional Standards Program for review.

After reviewing several grievances, submitted and/or prepared by Captain C.E. Cherry, discussing this issue with him, offering voluntary support through the Employee Assistance Program, and based on a recommendation from the Professional Standards Review Meeting, I have concluded that there is sufficient information to warrant placing Captain C.E. Cherry on Administrative Duty. While he is on Administrative Duty, I recommend that he be evaluated by the Departmental Psychologist regarding his fitness for duty as outline in Departmental Directive 8.2. Captain Cherry's Explanation: I was told that I should not be writing grievances for officers and it was discussed as to when I wrote grievances and where I wrote grievances. It was determined that I had not violated any City Policy of Departmental Directives. The Professional Standards Review Meeting consisted of two (2) Captains and two (2) Bureau Commanders that reviewed the italicized memo information, other information and made a decision that I needed to undergo a fit for duty evaluation.

Copies of the grievances and all other associated paperwork or emails can be obtained in the Resource Management Division and/or the City Manager’s Office.

I recommend that Captain C.E. Cherry remain on Administrative Duty pending the outcome of the psychological evaluation.

End of Fit For Duty Recommendation Memo, in it’s entirety with explanations.

On Wednesday, June 9, 2010, at 0600, I met with Eastern Division A Squad. This meeting was to explain, from the recommendation memo, as to why I am undergoing a fit for duty evaluation. The diligent, hard working Lieutenant K.A. Walters was also present. As stated earlier, I had informed a Bureau Commander as a courtesy, the day before, of my intentions. The Bureau Commander approved my actions.

On Wednesday, June 9, 2010 at 0800, I received a phone call from the Bureau Commander that was aware of and had approved my actions the day before. After a discussion, the Bureau Commander prohibited (banned) me from Maple Street and any line-up, City Wide, until I complete the fit for duty evaluation. The Bureau Commander or any other commander has not articulated to me at this time any violations that I have committed, and I am not under suspension. The Bureau Commander’s memo is italicized and reads as follows:

“Earlier this week you were placed on administrative leave while you are undergoing a fitness for duty assessment. I have arranged to have a private office for you at the Melvin Municipal Office Building while that process occurs. We have designated a lieutenant to perform your command duties at Eastern Division. Until Further notice you are not to attend squad line-ups for Eastern Division or other divisions. You are also not permitted to be at Maple Street facility until you return to full duty.”

End of Bureau Commander’s Memo banning me from Maple Street and Line-Ups City Wide.

Now that the Eastern Division is aware of my status, you can talk about it if you choose to, but you will have all the facts. Thanks to you all, we have a great department, and an incredible division. Remember to:

• Police with Compassion
• Be fair and consistent
• Make your decisions based on right and wrong (don’t let things such as friendships, dislikes of individuals, etc. sway your decisions)
• Keep in mind that mistakes are okay as long as we are willing to learn from them and there was nothing malicious or intentional regarding the mistake

The incomparable Lieutenant G.M. Richey is an excellent leader that we can all learn something from. Continue to follow his lead. I appreciate your concern, calls and conversations. It is always better when we have the same information. Take care and I will see you soon.

Charles E. Cherry, Captain
Greensboro Police Department
City of Greensboro
[phone number redacted by Y!W]
1106 Maple Street
Greensboro, NC 27407
www.greensboro-nc.gov