Police DepartmentCity of GreensboroSeptember 3, 2010
TO:
City Manager, Rashad Young
FROM:
Captain C.E. Cherry, Commanding Officer, Patrol Bureau, Eastern Division
SUBJECT:Appeal Of Disciplinary Action Imposed (Termination) ByInterim Chief D.K. Crotts
Pursuant City Policy H-1 Corrective Action, this memorandum serves as my official appealdocument of disciplinary action imposed by Interim Chief of Police D.K. Crotts on August 30,2010. That disciplinary action is termination of employment.Mr. Young, please note that I requested the transcripts, of my August 25, 2010 General Board of Inquiry through memo. I requested that the transcripts be provided to me by August 30, 2010, at5:00pm. I had to complete my appeal without the benefit of the requested transcripts.Interim Chief D.K. Crotts’ Disciplinary Action Taken Memorandum to me states in
italics:On Wednesday, August 25, 2010, a General Board of Inquiry was convened to hear administrative charges against you as a result of your actions beginning March 30, 2010through July 12, 2010. Assistant Chief A.L. Holder (Bureau Commander of the Management Bureau) recommended the following discipline and Interim Chief D.K. Crotts concurred:Termination of Employment Following a review of all relevant information, evidence, and testimony from involved witness/persons with knowledge; the Board made a recommendation to me concerning thedisposition of your administrative investigation. I have considered this recommendation inmaking the following determination:
Findings:
It was determined that sufficient evidence
did not
exist to sustain the following charges against you: Directive 1.5.3: Truthfulness-
Not Sustained
It was determined that sufficient evidence
did
exist to sustain the following charges against you:
1
Directive 1.5.1: General Conduct (as it relates to the Confidentiality Agreement)-
Sustained
Directive 1.5.8: Malicious Criticism and Gossip-
Sustained
Directive 1.5.9: Discretion (as it relates to your attendance to Eastern Division Squad A’sline- up and an e-mail you sent to Eastern Division Personnel)-
Sustained Disciplinary Action Imposed:Termination of Employment
End of Reference To Interim Chief D.K. Crotts’ Disciplinary Action Memo.
Mr. Young, it should be noted that I am one of approximately thirty nine (39) minority officersin on-going litigation with the City of Greensboro alleging discrimination. My actions beginningMarch 30, 2010 through July 12, 2010, are related to the submitting of grievances or the assistingof submitting grievances by subordinate officers, and also informing officers under my commandthat I was undergoing a Fit For Duty Psychological Assessment.It is my contention that the investigations conducted on me, the sustaining of the allegationsagainst me and my termination of employment with the Greensboro Police Department is due tothe following but not all inclusive reasoning:
•
It is a retaliation against a Plaintiff (Charles Cherry) in a current lawsuit against the Cityof Greensboro.
•
An attempt to silence and get rid of me because I have filed grievances and assistedothers in filing grievances that point out continuing discrimination, retaliation,harassment, intimidation, and hostile work environments.
•
These grievances and complaints expose the fact that a discriminatory, unfair investigative process exists within the Greensboro Police Department that adverselyaffects citizens and officers.
•
These grievances and complaints have allegations against approximately twenty two (22)City Employees, to include the Greensboro Police Department’s Professional StandardsDivision (Internal Affairs) that have not been investigated.Prior to the General Board of Inquiry convening, a recommendation for my termination wasmade by Assistant Chief Anita Holder. It is my contention that because I had the following, butnot all inclusive allegations, against Assistant Chief Holder, it is unrealistic to believe thatAssistant Chief Holder could be fair, consistent and just in any disciplinary recommendationsconcerning me. These written and formally submitted (prior to my termination) allegations havenot yet been investigated.
•
Assistant Chief Holder and Interim Chief D.K. Crotts conspired with City PsychologistMichael Cuttler to have me psychologically assessed without cause, with an unachievedgoal of ultimately finding me unfit for duty and terminated.
2
•
Assistant Chief Holder threatened my employment.
•
Assistant Chief Holder suspended me without cause (for taking a proper action that sheapproved).
•
Assistant Chief Holder solicited me to misrepresent my status to the North Carolina StateRetirement System, in an attempt to defraud the system.
•
Assistant Chief Holder refused to investigate legitimate complaints I made againstanother Commander. This is in violation of Greensboro Police Department Directives.
•
For these and other reasons it is my assertion that Assistant Chief Holder should not beallowed to and would not make a fair recommendation as it relates to any disciplinaryaction concerning me.Interim Chief Dwight Crotts was the Chairman of the Board, and had final decision making power, as it related to my General Board of Inquiry, on August 25, 2010. It is my contention that because I had the following, but not all inclusive allegations, against Interim Chief Crotts, it isunrealistic to believe that Interim Chief Crotts could be fair, consistent and just in anydisciplinary recommendations concerning me. These written and formally submitted (prior to mytermination) allegations have not yet been investigated.
•
In a Command Staff only meeting, Captain J.E. Wolfe stated that he did not trust theindividuals on the EEOC lawsuit. Assistant Chief Crotts stated he agreed with CaptainWolfe. Unless Assistant Chief Crotts and Captain Wolfe can explain why the distrusteach of the thirty nine (39) individuals on the suit, then the statement is retaliatory.Assistant Chief Crotts has not explained why he distrusted the thirty nine (39) individuals(including me), all of which Assistant Chief Crotts has authority over.
•
Interim Chief D.K. Crotts and Interim Assistant Chief Holder conspired with CityPsychologist Michael Cuttler to have me psychologically assessed without cause, with anultimate but unachieved of finding me unfit for duty and terminated.
•
Interim Chief Crotts recommended me for a Fit For Duty Psychological Evaluation basedupon writing grievances. This is clear retaliation.
•
Interim Chief Crotts came to my office and intimidated and harassed me as it related toassisting officers with writing grievances.
•
Interim Chief Crotts lowered my evaluation from a Level four (4) to a Level (1) withoutcause. I alleged that the changed evaluation was due to discrimination, retaliation,harassment and unfair treatment. Former Chief Bellamy changed (in my favor) theevaluation. One (1) of the reasons Interim Chief Crotts utilized for changing theevaluation was because of false statements in grievances. I was
not sustained
on atruthfulness violation as it related to my grievances. In addition, Interim Chief Crotts placed this information in my evaluation without a completed investigation beingconducted on me as it related to a truthfulness violation.
•
Interim Chief Crotts condoned the following, monitoring and “shadowing” of an officer by non-supervisory officers. The shadowed officer was unaware of what was being doneto him, and the information gathered was used detrimentally against the shadowedofficer.
•
This shadowing technique on the officer is a link between complaints made by the thirtynine (39) minority officers and on-going current activities. Both occurrences happened
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Capt. Charles Cherry's Termination Appeal to City Manager Rashad Young 090310
Capt. Charles Cherry, a 23-year veteran of the Greensboro Police Department, appealed his firing on Aug. 30 in a Sept. 3 letter to City Manager Rashad Young.
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