Mixed signals on former chief's handling of grievances

UPDATE: Assistant City Manager Michael Speedling confirms in a letter to then-police Capt. Charles Cherry that Chief Tim Bellamy did say in a May 2010 command staff meeting: "If you think there is corruption here or don't like it here, you need to turn in your paperwork and get the hell out of here."  

ORIGINAL POST: Among the allegations in a federal racial discrimination lawsuit filed by fired Greensboro police officers Charles Cherry, Joseph Pryor and Robert Reyes is that former Chief Tim Bellamy said during a May 2010 command staff meeting: “If anyone thinks there is corruption in the GPD, they need to turn in their paperwork and get the hell out of here!”

Cherry, then a captain, alleges that he was the only one who had written grievances or complaints alleging corruption at the time. The complaint further alleges that white commanders cheered and applauded the chief’s statement.

The city’s answer, filed by lawyers Julie C. Theall and Patrick M. Kane with Smith Moore law firm, makes a whole-cloth denial of the allegation.

That contradicts the findings of Assistant City Manager Mike Speedling, who investigated a grievance by Cherry about the chief’s alleged remarks. Speedling confirmed to YES! Weekly less than two months after the command staff meeting that he determined through his investigation that Bellamy had made the statement, although Speedling said he found nothing inappropriate about it.

“The chief is expressing to folks that if they have such a lack of confidence in the department, then he has a problem with it,” Speedling said at the time. “And we have a problem with it. He’s putting across that if you have that kind of firm belief that the department is corrupt, you need to back it up with facts. There’s a right way and a wrong way to go about that. We haven’t seen any evidence of corruption. He passionately believes the police department is a fine department that doesn’t have corruption in it, and he wants his senior staff to support the department.”

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.

Police turmoil outlined in documents, community meeting to highlight visit to DOJ

A new batch of internal memos related to the administrative turmoil within the Greensboro Police Department arrived in my inbox today courtesy of the Rev. Cardes Brown, president of the Greensboro NAACP.

The documents introduce a new player, Officer Deborah Thomas, currently assigned to the legal support squad. In a Sept. 13 disciplinary appeal to City Manager Rashad Young, Thomas notes that she has a pending Equal Employment Opportunity Commission complaint, and alleges that she has been the subject of a string of "malicious administrative investigations" by Sgt. Jonathan Heard. It might be considered an irony that Heard is a plaintiff in a 2009 federal discrimination lawsuit against the department.

In an Oct. 8 complaint to Young, Thomas alleges that she remains in a "hostile work environment" as a result of Lt. GA Hunt and Sgt. DJ Davis' handling of Thomas' appeal to Young.

A third document reveals that Young upheld the termination of Officer AJ Blake in a Sept. 30 decision. Blake files a complaint as a private citizen and asks Young to investigate his disciplinary treatment. Blake alleges that a scheme was undertaken by police administration to terminate him as a ploy to dodge responsibility for investigating a complaint by Blake about a bogus violation related to the officer waving at Latin Kings leader Jorge Cornell.

Finally, Officer Robert Reyes persists in outlining what he contends is continued discrimination and retaliation in a memo to Young, despite the city manager's determination that the issues be handled within Reyes' chain of command.

Among Reyes' concerns is the handling of a batch of polygraph examinations in a disciplinary process that resulted in his reinstatement following suspension with a recommendation for termination. Reyes cites a statement by Chief Ken Miller quoted in YES! Weekly last month: "I have an opinion about how a polygraph should be administered. They didn't do anything wrong, but it is inconsistent with the way I think it should be used if we're going to treat employees the way they deserve to be treated."

Reyes argues, "Police Chief Miller contradicts himself in his statement to YES! Weekly. If Assistant Chief Crotts used the polygraph in a way that prevents employees from being treated the way they deserve to be treated, then something was done wrong. What is Chief Miller's opinion, on when and how polygraphs should be administered? This information should be shared with the public for transparency within the police department. What does the law and police policy state as it relates to polygraph procedures and administration?"

On Sept. 30, Greensboro police officers, members of the North Carolina Latin Kings street organization, students, pastors and other citizens met with officials at the US Department of Justice in Washington to request a federal investigation of the Greensboro Police Department. Greensboro Justice Summer will provide details during a community meeting tomorrow at 6 p.m. at Bethel AME Church, located at 200 Regan St.

Recently reinstated officer under investigation again

Officer Robert Reyes, who was reinstated on Aug. 30 following suspension and recommended termination, is again under investigation for possibly violating departmental regulations.

Reyes learned yesterday through a Notification of Administrative Investigation that he is under investigation for a possible violation of the department's directive on conduct towards public and employees for disclosing personal medical information about Officer DA Pinson in an appeal to Assistant City Manager Michael Speedling, noting that the information was published by YES! Weekly.

Reyes' appeal and a follow-up memo raise questions about whether the process the department used in administering polygraph examinations to him and two other officers was rigged to obtain a predetermined result and whether it was discriminatory. Reyes alleges that he and Officer MD Royal were subjected to lengthy and stressful interrogations before they took the polygraph, while Pinson was allowed to take anti-anxiety medication before taking his.

Reyes tells City Manager Rashad Young in a memo today that he continues to experience discrimination, retaliation, harassment, intimidation and a hostile work environment.

Meanwhile, Royal is reinstated with no disciplinary action.

UPDATE: I asked Chief Ken Miller about whether allegations about improper administration of the polygraph examinations warrant internal investigation, in his opinion, and about why Reyes is under investigation for bringing what would appear to be legitimate concerns to the attention of the city manager and assistant city manager.

His response on the administration of the polygraphs: "There was nothing about the polygraph that would require us to investigate anything."

His response on the new administrative investigation of Reyes: "I can't talk about it. The law prohibits me from addressing the issue."

Miller reemphasized that he is not inclined to investigate the multitude of allegations that have been raised by Cherry, Pryor, Blake and Reyes.

"I think those have been looked at," Miller said. "They've been documented. They've been responded to through the manager's office, through the police department. We're done; we're moving on. If there's an issue that's lingering out there and these employees feel that they've haven't been redressed they can resort to litigation, and that is the appropriate venue. Playing them out in a weekly publication is not the appropriate venue to redress them."

Instead of revisiting the past, the new chief said he plans to establish clear expectations about discipline-related issues.

"We are putting together a disciplinary committee and we are naming that committee tomorrow," he said. "And that committee is a very diverse committee in rank, gender and race. And it includes sworn and non-sworn employees. We are going to explore all aspects of our disciplinary process, including our conduct rules, including our internal investigative process and our discipline processes. That process will include some clear direction and debate abut the need to reach into our core values — honesty, integrity, respect — that we value employees, but in the end I will accept nothing less than a process that commands the public's trust and treats every employee fairly and with dignity and respect."

Continuing GPD grievances

Three new documents drafted by dissident Greensboro police officers have come my way in the past couple days. I'm preoccupied this week with some other stories and personal matters, so I haven't had an opportunity to thoroughly analyze these materials or seek comment from police administration, but I'm posting them for public perusal:

• To: City Manager Rashad Young / From: Captain CE Cherry, commanding officer, Patrol Bureau, Eastern Division / Subject: Continued discrimination, retaliation, harassment, unfair treatment and hostile work environment of Officer MD Royal, Sept. 7, 2010

• To: City Manager Rashad Young / From: Police Officer II, JL Pryor, Patrol Bureau, Eastern Division, Squad A / Subject: Additional information regarding appeal of disciplinary action (termination), continuing proof of the termination decision being based upon continued discrimination, retaliation, harassment, intimidation and continued hostile work environment, Sept. 7, 2010

• To: City Manager Rashad Young / From: Officer R. Reyes, Police Officer I, Patrol Bureau, Western Division, Squad B / Subject: Continued discrimination, retaliation, harassment, intimidation and hostile work environment to include after being reinstated to full-duty status, Sept. 9, 2010

Three GPD officers appeal discipline to city manager

Officer Robert Reyes, Officer AJ Blake, Capt. Charles Cherry and Officer Joseph Pryor (l-r) attended a community meeting held to build support for them on Sunday.

Three Greensboro police officers, including two who have been terminated, have filed disciplinary appeals to City Manager Rashad Young.

I. Cherry

Capt. Charles Cherry was terminated on Monday by then-interim Chief Dwight Crotts for sustained violations of the department's general conduct, malicious criticism and gossip, and discretion directives, according to Crotts' personnel order.

As he has in the past, Cherry acknowledges in his appeal that he did take a comment by Capt. John Wolfe to the effect that he did not trust officers on a federal discrimination lawsuit out of the room after signing a confidentiality agreement, but Cherry contends, "The moment the comment became part of a discrimination allegation, that fact outweighed the confidentiality agreement."

Cherry responds to the finding that he violated the department's malicious criticism and gossip directive by noting that "interim Chief Crotts gave no reference in the Disciplinary Action Taken Memo as it relates to how I violated" the directive.

In responding to the third sustained violation, Cherry writes, "It should be noted that I was never originally alleged to have violated Departmental Directive 1.5.9: Discretion. Interim Chief Crotts would have to show the elements of discretion, and how I violated the specific directive."

Cherry quotes from a notification from Sgt. Alan McHenry, a professional standards investigator, outlining how he was placed under investigation for sending an e-mail to subordinate officers explaining his administrative status in the context of a pending fit-for-duty evaluation (later resulting in the captain receiving a clean bill of health from two different psychologists).

Cherry quotes McHenry as saying, "To provide this statement to members of the division under his command, Captain Cherry has encouraged their focus on his personal disagreements with personnel decisions made by his supervisors regarding his actions. In doing so, he has raised questions within the department regarding the competency of members of the command staff, which cannot be answered because of personnel privacy laws."

Cherry responds: "The e-mail does not speak of any disagreement I have with the decisions made. The e-mail relays accurate information regarding my fitness for duty and being banned from Maple Street. Mr. [Michael] Speedling [assistant city manager] has stated that an officer was the victim of 'discrimination or incompetence' by professional standards. Captain [Jane] Allen is the commander and approves all investigations conducted by professional standards, to include the investigation Mr. Speedling referred to. That would make Captain Allen incompetent, according to Mr. Speedling. Why would it not be expected that the citizens and officers would not question the competency of GPD command staff, especially if Mr. Speedling the assistant city manager over police makes such a statement?"

Cherry quotes McHenry as saying, "Due to Cherry's information being provided to the media, the Greensboro Police Department's credibility and ability to perform basic functions to the community are called into question. This is evidenced by comments from people in the community. Because this matter is a personnel issue, and therefore subject to NCGS 160A-168: Privacy of Employee Personnel Records, the department and city are unable to respond to the questions Captain Cherry has raised resulting in heightened community concern."

Cherry responds, in part: "The fact that it was given to the media is not a problem, because it is accurate."

Cherry references an e-mail from Councilman Zack Matheny, which he says "raises a myriad of concerns," including, "How can constituents simply asking a councilmember to investigate reports of corruptive behavior in our police department be harassing?

Cherry cites a News & Record article stating, "Young said he created the position (Michael Speedling's position) to deal with one of the city's most pressing issues — discipline and unresolved personnel problems, including what Young said were too many US Equal Opportunity Employment discrimination complaints."

Supported by a Dayton, Ohio area news story, Cherry writes, "Mr. Young, while in Dayton, if internet sources are correct, you have dealt with the Department of Justice, before, relating to a racial discrimination suit settled for four hundred fifty thousand dollars ($450,000)."

Supported by a post by a Dayton blogger, Cherry writes, "Mr. Young, if internet sources are correct, Mr. Bill Hill was paid for one hundred forty five thousand ($145,000) for wrongful termination."

Cherry also addresses an allegation that he violated the department's truthfulness directive, which Crotts eventually found to be not sustained. Cherry asks that the finding be changed to unfounded.

"Chief [Tim] Bellamy was caught lying to the board during the hearing," Cherry writes. "Former Chief Bellamy stated under oath that he had never been discriminated against while at the GPD, and had never completed an EEOC complaint form. Reserve Sergeant Steve Hunter, Attorney Ken Free and Federally Filed litigation paperwork states to the contrary of former Chief Bellamy." (For good measure, Cherry throws in a statement from Greensboro NAACP President Cardes Brown.

II. Pryor

Officer Joseph Pryor was terminated by Crotts on Aug. 26 for sustained violations of the department's truthfulness and malicious criticism and gossip directives.

Pryor's appeal does not explicitly state the department's articulated allegation that he violated the truthfulness directive, but references "the scanned, forged, copied or otherwise improper placement of my signature on a document."

Pryor states that "this same investigation was reviewed by Mr. Speedling who stated that the results was due to 'discrimination or incompetence' by professional standards."

Pryor says the sustained violation of the malicious criticism and gossip directive is also related to "me stating in grievances that someone in professional standards forged, scanned, copied or improperly placed my signature on a document."

Pryor writes to Young, the city manager, about a July 26 conversation between the two: "I informed you that I came forward with allegations regarding an investigation conducted on me. The findings in the investigation was changed (in my favor) from not sustained to unfounded. All of my allegations were not fully investigated and the investigation was then turned on me, improperly alleging that I was untruthful. The same allegation (regarding the document) was in my original grievance, in which the investigation was changed to unfounded. You, Mr. Young, replied, 'You kept pushing it.'"

III. Reyes

Officer Robert Reyes received a division-level reprimand from Crotts on Monday based on sustained violations of the department's conduct towards public and employees and discretion directives.

Reyes contends in his appeal that "interim Chief Crotts condoned the monitoring, following and 'shadowing' of me by officers of my rank and time in grade. The officers, unknown to me, took notes on my activities and gave the information to my supervisor, (then) Sergeant Barwick. Sergeant Barwick then used the information, detrimentally against me (with the ultimate goal of terminating me). Sergeant Barwick never confronted me on the information or attempted to foster my improvement. These actions were because I reported what I believed to be excessive force by a fellow officer. [emphasis mine]

An alleged violation of the truthfulness directive was found to be not sustained by Crotts. Reyes is appealing to have it changed to unfounded.

"I was truthful in all information given as it related to the investigation of Officer Pinson stating that Captain Cherry had been fired [in mid-June]," Reyes writes.

Reyes says, "Sergeant Isom and Captain Smith allowed a 'Gestapo Style' interrogation of me by Corporal Oligmueller. The 'Gestapo Style Interrogation' (which was administrative in nature) included: A polygraph that was not warranted because Captain Cherry was never interviewed, a total of six (6) hours of interrogation (the issue being one question (Did Officer Reyes hear Officer Pinson say that Captain Cherry had been fired), utilizing a polygraph machine with inoperable parts (non-functioning printer as stated to me by Corporal Oligmueller)."

The appeal continues, "Sergeant Isom and Captain Smith allowed a 'Gestapo Style Interrogation' of Officer Royal (which was administrative in nature), which included: A total of approximately six (6) hours, Officer Royal, body limp, was called a lie [SIC] approximately twenty (20) times, Officer Royal's job was threatened, asked the same question approximately thirty three (33) times, Officer Royal was lied to in attempts to get Officer Royal to change his (Officer Royal's) story, Officer Royal was called 'LYNCHMAN' by Corporal Oligmueller during Officer Royal's polygraph. Assistant Chief Ron Rogers and Captain BL James can attest to the inhumane treatment of Officer Royal. The polygraph of Officer Royal is on video."

In contrast, Reyes says, "Officer Pinson had taken medication (for anxiety) which relaxed his nerves approximately two (2) hours before taking the polygraph. Corporal Oligmueller had knowledge of this, and still conducted a tainted test."

Editorial note: Two independent, anonymous sources state that both Reyes and Royal failed the polygraph, while Pinson passed.

As for the two violations that were sustained against Reyes, the officer contends, "I was not originally charged with conduct towards public and employees. Interim Chief Crotts would have to elaborate on why I was charged with this particular violation.... I was not originally charged with discretion. Interim Chief Crotts would have to elaborate on why I was charged with this particular violation."

Reyes writes, "Lieutenant Brodie and Captain Smith informed me that I may be extended an additional ninety (90) days as it relates to the professional standards program. It should be noted that in my third quarter, fourth quarter (5.69 (Level 3)), and annual evaluation (5.16 (Level 3)), I am clearly performing at an acceptable level. Interim Chief Crotts through discrimination, retaliation and fostering a hostile work environment placed me in the professional standards in an attempt to terminate me.

"Please have interim Chief Crotts release me from the program immediately upon my physical return to regular duty."

Pastors request DOJ intervention in GPD

The Rt. Rev. Bishop Marble, assisting bishop for the Episcopal Diocese of North Carolina, and the Rev. William Barber II, president of the North Carolina conference of NAACP branches, were among dozens of clergy who signed on to a request yesterday afternoon at Mount Zion Baptist Church requesting that the US Department of Justice intervene in what is called "a developing and dangerous crisis within the Greensboro Police Department."

The posted document is an exact copy circulated among clergy members prior to yesterday's meeting to solicit their signatures.

On a related note, Officer Robert Reyes was expected to learn whether he has been fired this morning, while Capt. Charles Cherry will meet with interim Chief Dwight Crotts at 2 p.m. to learn whether he has been terminated.

UPDATE: According to an unconfirmed anonymous report, Cherry has been terminated on the basis of sustained allegations of general conduct, discretion and malicious gossip violations. Reyes has received a division-level reprimand based on a sustained allegation of conduct toward public and employees and will return to duty.

Letter Requesting DOJ Investigation of Greensboro Police Department, Aug. 28, 2010

Context and background on administrative investigation of Officer Robert Reyes

Greensboro police Capt. Charles Cherry writes in a memo to City Manager Rashad Young today that in mid-June he received a phone call from Officer Robert Reyes informing him that Officer DA Pinson of the Western Division had stated during lineup that Cherry had been fired. Cherry assured Reyes that the statement was not true. Cherry considered filing a malicious gossip complaint against Pinson, but decided against the idea on the basis that the officer was young and inexperienced.

Imagine Cherry's surprise when he learned that, instead, Reyes was being investigated for malicious gossip:

"On or about July 1, 2010, Officer Reyes contacted me. Officer Reyes advised me that Sergeant Isom was investigating Officer Reyes for an allegation of malicious gossip. The allegation against Officer Reyes was filed by Officer Pinson and was related to whether or not Officer Pinson made the comment about me being fired. Officer Reyes provided Sergeant Isom with a full statement, which include informing Sergeant Isom that he had indeed heard Officer Pinson make the comment."

Reyes was placed on administrative leave on Aug. 5.

Much, much more to come.

UPDATE: White citizens, including former Mayor Carolyn Allen, the Rt. Rev. Chip Marble and the Rev. Randall Keeney are scheduled to hold a press conference tomorrow at 11:45 a.m. at St. Barnabas Episcopal Church to discuss what is termed "the growing crisis in the Greensboro Police Department."

A press statement quotes Keeney as saying, "It's a lot of smoke when 39 civil suits are pending by officers of color and at the same time four officers of color are suspended without pay and recommended for termination. We cannot dismiss the possibility that there is fire there."

Fourth GPD officer faces disciplinary action

Greensboro police Officer Robert Reyes has been placed on administrative leave pending the outcome of a malicious gossip investigation, according to a knowledgeable source who spoke on condition of anonymity. Reyes is still getting paid, but has had his gun and badge taken away. Reyes was notified of the decision yesterday.

Reyes is one of the officers who has filed grievances against the department in recent months. Three others — Capt. Charles Cherry, Officer AJ Blake and Officer Joseph Pryor — have recently been suspended without pay and recommended for termination. Reyes, unlike the other three, is not a plaintiff on a federal discrimination lawsuit.

UPDATE: Interim Chief Dwight Crotts confirms that Reyes' status has been changed to administrative leave.