Greensboro settles several police discrimination lawsuits

Mayor Pro Tem Yvonne Johnson and Mayor Robbie Perkins

The City of Greensboro and plaintiffs in three lawsuits alleging racial discrimination within the city's police department announced a $500,000 settlement today after city council voted in favor of the settlement in closed session last night. 

Though confident the city would have prevailed in court in two Alexander vs. City of Greensboro cases and the Fulmore vs. City of Greensboro case, Mayor Robbie Perkins and Mayor Pro Tem Yvonne Johnson said they voted in favor of a settlement to save the city money on legal fees, provide a sense of closure, protecting residents from enduring a lengthy trial that would focus on trauma and negativity and allow the city to focus on other important issues like jobs and economic development.

"It's a way to close it with dignity and honor," Johnson said at a press conference this afternoon. City Attorney Mujeeb Shah-Khan, Police Chief Ken Miller and City Manager Denise Turner Roth also answered questions. 

Perkins said the cases have "burdened" the city for a long time, adding that "It's time to move on."

L to R: Shah-Khan, Turner Roth and Miller

Councilmembers Nancy Vaughan, Zack Matheny and Tony Wilkins voted against settling the suits, according to city spokesperson Donnie Turlington. 

The city has already spent $2.3 million in legal fees related to the lawsuits, Shah-Khan said, and Johnson said the city previously offered a larger settlement sum for the cases that was turned down by plaintiffs.

A press release today from Higgins Benjamin, one of the law offices representing the plaintiffs, said the officers feel "vindicated." Here's the full statement:

"After suffering years of hostility during the Wray administration due only to their race and then being vilified in certain local media outlets, 38 of the plaintiffs in the Alexander cases have finally gotten justice.  Those plaintiffs who have now settled their claims against the City and other defendants feel that they’ve finally been vindicated.  These current and former Greensboro Police Department officers have done a great service for this City and civil servants everywhere who have endured a racially hostile work environment.  Likewise, settlement – and the closure it brings – is in the City’s best interest as well."

Miller and Shah-Khan talking before the press conference

The city did not admit liability in the case but did point to numerous ways it has improved police practices and procedures in the wake of the discrimination suits. Former officers Charles Cherry and Joseph Pryor did not agree to the settlement and will continue with their cases with the city, and separate but related cases from current Capt. James Hinson, who is black, and former Chief David Wray, who is white, are not resolved. Hinson's case is scheduled to go to court on Oct. 8.

Perkins said the police department has improved significantly and that he's very proud of the department. In a press release, Perkins acknowledged that the lawsuits stem from a time "in the history of the city and police department where some unfortunate actions on the part of the city and plaintiffs occurred," but continued to say that "confidence in the Greensboro police has been restored."

Activists and community members continue to push for greater oversight for the police department around issues of disparate treatment and racial discrimination, focused primarily on interactions between officers and residents rather than within the department. 

The city's press release cited a survey claiming that more than 80 percent of residents are pleased with the police department's work and said the department implemented 200 of 226 recommendations from a 2008 management and staffing study. Chief Miller said at the press conference that his department is still reviewing 15 of the additional recommendations but said some would have a budgetary impact. A recent presentation by the chief included similar numbers about positive community perceptions of the department but noted a disparity in perceptions based on race.

Charles Cherry has more choice words for mayor, city manager

Former Greensboro police captain Charles Cherry has developed a reputation amongst Greensboro City Council members for his choice words at council meetings to such an extent that they considered limiting speech and the public comment period at their meetings last summer. Mayor Robbie Perkins, a frequent target of Cherry's criticism, explained his thoughts about speakers like Cherry again this April:

"Frankly, the concern I have is that they are taking away from folks that really need our help," he said. "Some may want to come in and don’t because they don’t want to be in middle of acrimonious discussion." 

Today, the saga continues. In a dual complaint/public-information request to the city, Cherry wrote to "Deadbeat, Non Taxpaying, Looking for Preferential Treatment Mayor Perkins and the other eight members of city council." Cherry criticized Perkins' bankruptcy and non-payment of taxes, going on to call City Manager Denise Turner Roth "a corrupt stupid liar."

Cherry has repeatedly argued that the city refuses to investigate his complaints about police misconduct. Roth contends that the city has answered his requests and staff recommends that council not address Cherry directly because of his pending lawsuit against the city. 

There is another gem in Cherry's complaint, too:

"Robbie, never forget, I am strengthened by the Mighty God in Heaven. Greensboro, observe the power of a God-fearing man, as I mentally dominate, control and force this corrupt deadbeat mayor to do his job." 

He ends the letter by requesting the name, dates, result and amount of money spent on each pending or current lawsuit involving the Greensboro Police Department since January 1, 2010, including outside lawyer fees or estimated cost of staff time based on salary. YES! Weekly asked the city to release the results of Cherry's public-information request to us as soon as it is available to him. 

Cherry's case is one of many cited by a report, Our Democratic Mission, released by the Beloved Community Center earlier this year highlighting issues that point to a "subculture of corruption and double standards" in the police department. The center is holding a community meeting on June 13 to discuss issues related to the department.

Vaughan issues memorandum on privacy of personnel records

Residents and council members alike have complained that the city hides behind "personnel issues" as a way to circumvent transparency on employee records, but City Councilwoman Nancy Vaughan issued a memorandum yesterday calling for the city's protocols on personnel requests to be more open in accordance with state law. Citing from Public Records Law for North Carolina Local Governments, Second Edition, Vaughan says the city needs to release more information than what the current interim city attorney is allowing.

"I think it’s time for us to revise our 'City’s Protocol for Public Records Request' to accurately reflect state law," Vaughan wrote.

The issue came up at last week's council meeting when Ben Holder raised concerns that Captain Hinson owns halfway homes in the precinct under his command, saying it was a conflict of interest. Vaughan was one of the council members who pushed the interim City Manager Denise Roth and interim City Attorney Jamiah Waterman to respond to Holder's concerns rather than refusing to comment because it is a personnel issue.

In the memorandum, Vaughan listed a number of things that are a matter of public record and specifically referred to Hinson's case, calling for his Outside Employment Request Form(s) to be released.

Read the full memorandum here.

Three officers sue city of Greensboro for racial discrimination

Charles Cherry, Joseph Pryor and Robert Reyes, three officers who were fired by the Greensboro Police Department in 2010 and 2011 after complaining about discrimination and retaliation, have filed suit in federal court against the city of Greensboro.

Read the complaint here (link).

Cherry and Pryor are also plaintiffs in a discrimination lawsuit (background here) against the city involving 39 black officers based on events that took place under the administration of former Chief David Wray before 2006. The first lawsuit, which was filed in 2009, is in discovery. The new lawsuit is based on events that took place under Wray's successors, chiefs Tim Bellamy and Ken Miller.

Cherry, Pryor and Reyes all received “right to sue” letters from the US Equal Employment Opportunity Commission notifying them that the commission was “unable to conclude that the information obtained establishes violations of the statutes,” but that the plaintiffs are free to proceed with a private lawsuit.

The three plaintiffs are represented by Anita Earls, executive director of the Southern Coalition for Social Justice.

From the complaint:

The plaintiffs are a captain and two police officers formerly employed by the defendant city of Greensboro’s police department who were targeted for unwanted transfers, received other unjustified disciplinary actions, and ultimately were terminated from employment because of their race and national origin....

In retaliation for their complaints and because of their race and national origin, the GPD discharged all three officers on pre-textual grounds. Their careers shattered and their professional reputations called into question, former Captain Charles Cherry, Officer Pryor and Officer Reyes have been unable to serve the public in the role of police officer as a result of the discriminatory actions of the GPD.

Background here (link).

The lawsuit asks the court to order the city to immediately reinstate the plaintiffs, to quit engaging "in unlawful and discriminatory acts, to institute training for department employees "responsible for making determinations regarding complaints of discrimination" and award compensatory damages to the plaintiffs.