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-olice Department City ofGreensboro

JUl 2 2 [0110

Ci~ Manage~s Office

City Manager, Mr. Rashad Young

FRO' 'M-

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Captain C. ~ ~ Cherry, Commanding Officer, Patrol Bureau, 'Eastern Division

Being Deemed Fft I . or Duty Is Conflrmatjon Of Incompetency Disertminatioa, Retaliation, Harassment, Unfair Treatment And, Hostile, Work Environment Including Addi.ti'oD,aI Complaints Of Such Treatment

On July 22." 2010, at approximately 9:45am.- I met with Assistant Chief Anita Holder in .:. ssistant Chief Holde "8 office, Assistant Chief. Iolder informed me that I 'was deemed officially fit for duty as of July 201" 20' O~, Assistant Chief Holder then informed me that I was 110W officially on administrative leave, 'with pay pelld'ing tile OU, come of' current administrative investigations.

I reques ed a CO'PIY of the psychologist s clearance letter deeming 'me fit for' [duty"., Assistan .. Chief "older advised mle that City Legal had advised that the Department is not compelled to give me a copy of the letter ~ Assi stant Chief' Holder stated she WrO d find out what compelled meant and that if there was any way that I could receive a, copy (of the . etter) that she would sU,g,gest that IOCCurF. Assistant Chief Holder advised that she would ca I me as 80011 [as she received an answer,

I requested that Assistant Chief Ho der provide me a departmenta memo officially deeming me 'fit or duty, Assistant Chief' Holder created a memo, dated July 12., 20110r~ 'The m' mo in italics state ·· .. d ..

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In; June 2'1010 you were referred for a fitness for duly' evaluation. ,Your personal sick leave has been deducted for that time period when ,,[OU were not allowed to work pending' the outcome of that assessment. That assessment is complete and w!e have received notification that y10u have been deemed fitfor duty. Therefore, your personnel status is now changed. As of June 2110~ 201101

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y!ou wlere pr ace·', on aaministrative [ eave 'Wilt " .. pay, p[en~·_l..ng tt. e outcome OJ current administrative

investigations. No further deductions of your sick leave will ,be taken until the investigations are re-solved

I" d ofM" .emo

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Please note the errors Oi ,_ the dates as it : elates to Assistan.t Chief olders memo (Memo is

an attachment).

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Mr. Y'O'UD,g:, here are some but not all of the reasons related to my belief that Assistant City .. ' anager Mr. Michael Speedling is incompetent, discriminatory, retaliatory" harassing, and creating a. hostile work environment or me and other officers,

'. "In 'May of 20]10., during a meeting with an officer regarding: the officer's grievance, Mr.

Speedling stated to the officer that the results of the officer's investigation was due to "'ineo '. ~plete'D.ce lor ,discrim.iDation"" on the part of Professional Standards, The investigation 'is riddled with errors, At this point; MrE Spcedling has [a duty and responsibility to take proper corrective actions, to include a re-investigation IOlf all investigations completed by the individuals assigned to 'he Prolessional Btandards Division during the time when '~E Speedling made his assessment, Instead of' that occurring, the officer (with the original grievance) is now being i" vestigated for truthfulness" regarding th ." same investigation in which Professional Standards made so many errors, the findings were recommended changed (in the officer's favor)" by Assistant Chief Crotts, Mr. Speedling continues to allow Professio a1 Standards to operate business as usual, to include the investigation. of officers with grievances/complaints against Professional Standards, What does this mean for our Agency and for our citizens?

.' Assistant Chief' older stated that she spoke wi -, someone in the Manager's Office as i.t related to banning me from police acilities, computer access and building entry access for communicating the June 17, 2010 e ... mail to my officers (expl aim ng: my fitness for duty status) .. I assume that person would be Mr .. Speed ing, The e mail was completely appropriate professional and informative. The banning was clearly discriminatory, retaliatory' and. harassing, Confirmed by the fact that no one can articulate why I was actually banned,

• On or about June 19, 20' O~ Mr. Specdling stated in the Yes Weekly publicatioi that I was taking medical leave, I corrected the statement with Yes Weekly and. Assistant Chief Holder. The Greensboro News and Record tben made a similar statement, I corrected the statement with the :: .. ews and Record, On July 116[, 20]0" Ms .. Rosa Mcfrougald with Medical Services, sent me a letter attempting tOI get 'me to falsely request Family Medical Leave, thus further confirming MrE Speedling's intenti.onal false statement, '0 Yes Weekly~ .

• ' Mr. Speedling is aware of many discrimination, retaliation, intimidation, duty responsibility and other complaints YOUl have: or have had on. Assistant Chief Crotts since I.:. arch [0" 210110'1' How many have not 'been investigated? Why not?

.' How can you have these uninv. · .• stigated allegations agains Assistant Chief Crotts and still allow As si stan _- IClIi- f Crotts to be appointed as Interim Chief?

.' In the July 7-13 editi.on of Yes Weekly, Mr. Speedling stated that he did not see the Chief's remark ~~if' anyone in tile room thinks there is corruption in the Department, they [can fill' their paperwork and get the hel out" as intimidating, Mr. Speedling's incompetence does not allow him to understand that the emplo}lee"s view' of' th" :[t~llelnent is p,aramoun_~ Mr. Speedling would have to interview meto tr-uly investiga e the matter .

• 'Mr,~ Speedling, in the July 7 .. 13 edition of Yes Weeky, stated, "The Chief is expressing to folks that if 'they have a lack of confidence in the department, then he has a problem with

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i .. ~' Mr. Speedling's incompetence does not allow him to' understand that the Chief' would have to investigate and '" mderstand why the employee had a lack of confidence in the department, if that were indeed the case F Again, the ,employ,ele' s, point of view' '~s par,mnount~ Mr. Speedling would hav: to interview me to truly investigate the matter ..

'. 1\1r~ Speedling, you, goes on to state in the Yes Weekly "And we have a problem with i ~ He's (Chief) putting across that if you have tha kind of firm belief tha 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.' 1\IIr@ Speedlings statement is clearly intimidating, retaliatory and continuing a, hostile work environment, What is the problem with someone believing that then is corruption in the agency? Five (5) different officers filed grievances and complaints t - ough their chain of command, These grievances and complaints have implicated approximately twenty (20) city employees ,to, ,~c'lude " r'., Speedliog,~ There are also recordings, In one instance, when provided 'with, a recording instead ofaddressing the issue and employeec Iv -~ S'peed fig lobbies tlQ have the City Policy changed so that recording devices cannot be utilized without the knowledge of [all parties, 1\IIr'~ Speedling should be held accountable to explain the right. and wrong wall ',0 go about reporting corruption in the D' epartment,

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• lVJLf..:'",pee' [ mg, you, goes Ion to state" ~ e" _ ", e '.: passionate y' e ieves tne po rce

department is a fine department that doesn't 'have corruption in it and hie 'wants , I ~ s senior S aff to support the departmen ~" Mr. Speedling should explain" if a senior staff member

b eliei - S' th;·· is C -lTU--~ ption and utili es th - oron . ,_ charm iels to addr ess such:' 'be' liefs how

e [-'ve ' II ere .:: i[O -. , I:r: u : _I ~_ •. ,z.-: t-Ile p,-~'"y,e.r ... 1'< I.' ,'·c~· ["(~,-"I,I -::" .:'.~ ~ __ ' "', " ::.,. 11,[:.

is that not supporting the department? Mr. Speedling's incompetence does DIOI. a1!]OIW him to understand that his CO mment ' , are intimidating, and .eta iatory,

.[ Mr. Speedling has s.een or should ble aware of approximately fourteen (],4) completely detailed documents informing him [01 corruption, discrimination, retaliation unfair treatment, and other violations of departmental and [City policy, 1\.1r~ Specdling has 'not taken, appropriate corrective actions. Mr. Speedling has. not spoken to me one (1) time relating to these inci dents, however he has made conclusions,

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.' us information IS 0 " y som ... 0, - :,- r,e'8lSO'DS m W' I' C Mr .. 'lpee' ': mg s actions constitute

tbe aforementioned subj ect matter,

• Chief Bel amy informed Mr. Speedling that I' hief Bellamy denied ever being, a part of the EEOC lawsuit, Chief Bellamy, by virtue of being the ranking officer at meetings, encouraging and coachi Ig those officers that confronted former Chief David Wray, 'filling out an EEIOC complaint fO'rID [and then having an officer retrieve and destroy his form (only upon being named Interim or Acting Chief), anld continued tOI encourage officers to glo 'forth VIii h a lawsui t, was clearly b ing a part of the . I . OC lawsuit ~

• Chief Bellamy signed, off on an assessment recommendation for having me psychologically evaluated 'for Fit For Duty" when it ' ... '.' as clear that the r 'commendation memo ,Idid DOlt meet thle spec'iflc reas,ons mandated 'by Greensboro Police Departmental Directive 8 .. 2:,,. Psychological Assessment,

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'. Chief Bellamy should have recognized that the first line of' Assistant Chief Cro __ s' recommendation me .-. ',0, which is italicized and reads, "During the past twJo months,

Captain' C"E~ Cherry has submitted and/or written seven (7) grievances. He has also submitted' and/o authored additional responses to the responses hie has received, HI is retaliatory, since the grievances and/or complaints had allegations agains individuals to "n,elu,d,e' .. ' .... ssistant Chief C.,o:tts ..

• Chief Bellamy understands that the June 17, ,2010" e-mail I communicated to 'my officers was completely appropriate professional and informa rve,

• Chief Bellamy understands that tile June 17, 2010, e-mail I communicated exposed Assistant Chief Crotts 'I warrantless recomme dation, which Chief Bellamy concurred with,

• Chief' Be .lamy understands that the fit 'for duty recommendation memo prepared by Assistant Chief Crotts confirms my' original grievance relating .. 0, unwarran ed paperwork being placed in my' file for Assistant Clue '- Crotts to utilize against me detrimentally, at a later date,

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.' Chief' Bell8111.Y allowed investigations to begin on me while I was still in the 'Pit 'or Duty

Psychological ',valuative Status,

.' This information is, only some of the reasons in which Chief B •.. sllamy's actions constitute the aforementioned subject matter,

\. Y oung, here axe some 'but not all of the reasons related tOI my belief that Assistant Chief Crotts is il ieompetent, discriminatory" retaliatory, harassing, and creating a hostile work, environment for me and other officers,

• Assistant Chief Crotts" direct subordina e (Captain J~E,~ Wolfe) stated in a Command Staffmeeting that he (Captain Wolfe) did not trust the officers on tile EEIDe lawsuit, Assistant Chief Crotts did 110t correct and redirec Captain Wolfe. Assistant Chief Crotts agr'eed, with Captain Wolfe stating that he (Crotts) also did n,ot trust the officers, Unless Assistant Chief Crotts ,ean speak tal each of the thirty-nine (39) officers and articulate why he doesn't trust them, the statement is clearly discriminatory and retaliatory, My' case is a great example, and so its Officer Blake's .

• ' The City Is more vulnerabh if other officers on the EEOC lawsuit decide to 'file grievances/complaints against our soon to be Interim Chief How does Assistant Chief Crotts' agreement 'with such a comment affect our communi: .. '? Assistant Chief Crotts now has command ov'er thirty nine (39) officers he does 110t trust, We must know why,

• Assistant Chief Crotts prepared an absolutely bogus Fit For Duty Recommendation Memo that clearly did Dot meet th,e criteria set by Departmental Directive ·.,~2, and was retaliatory in nature. Assistan I" Chief Crotts convened Ian assessment board made UPI on. four (4) command staff 'members (,0 decide if I should be placer .. in, a Fit ,'IO'f Duty Status. Three (3) ofthe four (4) to include Assistant Chief Crot ,s have allegations against . 'hi .. m in the grievances/complaints,

'. Assistant Chief crous ' .ated ID!e a level one (1) on my 2,01091/2011 01 annual evaluation and a level (, ) on my 21009/21010 fourth. quarter evaluations, Assistant Chief Crotts violated 6'j5 Performance Evalua ion, in his annual and, fourth quarter ratings of me, ASSI~ stant Chief Crotts did not provide any specific performance behaviors to SUPPIO' "_ his statements.

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.1 On May 15, 20101" Assistant Chief Crotts came to myoffice making intimidating statements relating to the writing of grievances/complaints, .Assistant Chief erlorts, B1ckn,owledged that my work h,ad, n.ot bleen effe,ctled~ I filed a complaint. May ].5, 201,10 is halfway through the quarter, On May 26., 2010, eleven (11) days later; I am in need of psychological assessment, Ifit weren't so egregious, it would be comedic,

'.' In both my 21009/2,0,' 01 fourth quarter and annual evaluations, Assistant Chief Crotts states, "Furthermore, he has demonstrated personal behavior in the' presence of both

S--'·.fJJo·.'··r··n- a nd non ~'M.4·",O:-·I;ii'n' su bor d ~:jMa··t,·'·e",. personnel th at h as .' .... ca: used th ,e~~~··m. -" d .. 'iscomfort r esultin 'g' in

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administrative investigations." Please have Assistant Chief Crotts state what investigations he is referring to" and w at personal behavior he is re erring to, What investigations are being, conducted on me relating to 'my personal behavior in front 10' I: sworn and non-sworn subordinate personnel?

• In my 200912010 Annual Evah arion, Assistant Chief states" "These documents themselves have contained false and misleading statements requiring the completion of additional admin istrative investigations. ,,' There are no false statements in. the grievances/complaints, What are these statements? In the evaluation, Assistant Chief Crotts would need! to refer to specific statements, If the in, estigations are on-going, [which th y are, [even on this date), you could not use the so cal' ed false statements against me until the investigator' completes thei - investigation, ,How wOluld, ,As's~staD,t Chief IC'rotts, kn.o·w" 'ha,t ,v,as false" o.Dless ble 'hal.', so,metbing tlO' d.o 'with, t'be ,in',restigati"oDS?

• This information is, only some of "hie reasons in which Assistant Chief Crotts; actions I

constitute the aforementioned subject matter,

Mr ~ Young, please investigate these matters, The reality is that I have: not done anything wrong. I assisted. officers with their issues, Tha is, my duty, responsibility and obligation. I have assisted officers of different races and genders with grievances, to include white, black, Hispanic, 'male and female, I base all my decisions on right and wrong, Everything else will fall into place under too' umbrella, I would do the same thing over again infinitely, because the ironic thing is through all of this" I still hai e :not belen informed as .o what the problem F S with assisting officers in writing grievances or any other issue they have,

have been away from work over a month, ":y officers have continued to do their duties" because in reali y they don't need me much, to complete day to day tasks. owever, when attempting to navigate the administrative system, they do need me~ On March 19,; 2101101:" I was one (1) of the tOPI commanders in the Ag,en,cy. On March 10~ 201101" the first grievance was submitted.

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On June ,2'} o".! am suppose- I'Y' m neec 0, - PISYC.IO,1 ogical assessment Again, r - It 'we en t so

egregious it would be comedic,

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Mr F. Young" I aetJ,in :blLmbfy ,offer the fb[lowin~ 'Suggestio'Ds to deal with tllese rna "

.' Halt all investigations, etc. rela log to the grievances/complaints.

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·1 Contact the Department of Justice and, request an investigative team to investiga e the City of Greensboro, with tile primary focus 'being the Police Department. Tum over all relevant materials to the D'O'J~ Get an estimated time table relating tOI the investigation ..

'. _!),el,ay tie' retirement '0,1 the Chi.ef ,of POlr'C~, until any' investigation involving 'him is completed,

'. 'Make a. public statement, relating to the DOJ, when the investigation, will 'begin and anticipated length, Commit to a tV.{IO week update, relating to the investigation,

'. Make any internal adjustments to ensure the best possible city services during this challenging time, Think, outside the box, 'This may even involve a temporary operational merger 'with other Law Enforcement Agencies (example Sheriff's Department),

.1 Once the investigation is concluded, make swift, fair', consistent, compassionate decisions as it relates to personnel, That can range from counseling to termination .. This 'will be tough, but make it about right and wrong 'which will umbrella all other relevant factors,

Ie Admit any mistakes made to include even if you made any,

• Make any public apologies warranted,

Ie Bring in your new' chief, not on, a bed, of' corruption, SOl that they will have a fair chance to succeed,

I. LEAD O',',R ICITY

Mr. ': '.: oung thank: you or :'~'I_ ----,y' attention, given tills matter ~

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-":~'_ -:. tam

Greensboro Police D t, sartment Patrol Bureau, Eastern Division

Attachment #1: Change In Status :.' emo Deeming Me Fit For' Duty Attachment #'2: June 17, 2010 e-mail explaining Fit For Duty Status

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