RECEIVED Vg SEP 15 2010 Police Department y, Ce oe rena City Manager's Office — September 15, 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 Improper Response of Allegations/Appeal by Assistant City Manager Michael Speedling and Administrative Investigation of UNTRUTHFUL Officer D.A. Pinson’s Allegation Against Me On September 2, 2010, I submitted an Appeal of Disciplinary Action to you dated September 3, 2010. This appeal was in response to a division level reprimand imposed upon me by then Interim Chief of Police D.K. Crotts. This disciplinary action was the result of a General Board of Inquiry, regarding allegations against me, which was convened on August 27, 2010. I submitted a copy of my appeal document addressed to you and a copy addressed to Assistant City Manager, Mr, Michael Speediing, both containing the same information in the body of the documents. I submitted copies of my appeal to both you and Mr. Speeding as there is some ambiguity as to who the appeal should go to. I did not want to take a chance on my appeal not being addressed, due to a technicality. Please note that the appeal would have eventually came to you as it is my belief that the discipline imposed against me is due to retaliation, discrimination, and unfair treatment of which Mr. Speedling is a party to. On September 10, 2010, I received a memo from Jane Allen, the Commanding Officer of the Professional Standards Division. The memo was given to me by my Commanding Officer, Captain J. Smith, Captain of the Western Division. The memo written by Captain Allen, and titled “Appeal of Discipline Resulting From Departmental Hearing” will be italics, and my response will follow. You forwarded an “Appeal of Disciplinary Action Imposed" memorandum to Assistant City Manager Michael Speeding, dated September 3, 2010. In regards to this, Assistant City Manager Speedling has requested that I respond. Officer Reyes’ Response: Mr. Speedling, who is implicated in my appeal and previous grievance documents directs the Commander of ‘One Governmental Plaza, PO Box 3136, Greensboro, NC 27402-3136 (336) 373-CITY (2489)Professional Standards (who is also implicated in my appeal and previous grievance documents, and two (2) ranks below the Chief of Police) to respond to my appeal. The General Board of Inquiry serves as the appeal for disciplinary recommendations of suspension, demotion or termination. As a result of the Board of Inquiry held at your request, the scipline Imposed in your case was reduced from the recommendation of termination to a Division Level Reprimand. Departmental Directive 7.4: General Board of Inquiry states, in part, “Upon findings of fact, the Board will make recommendations to the Chief of Police for final Departmental administrative action.” (Departmental Directive 7.4.1; emphasis added). Only a resulting level of discipline which can, by city policy, be appealed to the City Manager's Office can be appealed further. ‘Matters that may be appealed to the City Manager are suspensions, demotions and dismissals. There is therefore no further appeal for the Division Level Reprimand resulting from your General Board of Inquiry and that disciplinary action is final. Officer Reyes’ Response: I was suspended without pay from August 9, 2010 until August 30, 2010, and given a division level reprimand. Both disciplines were given by then Interim Chief D-K. Crotts, the highest ranking officer in the police department. In addition, the discipline imposed was due to discrimination, retaliation, harassment, intimidation and a hostile work environment. Those allegations of possible violations of Federal Law supersede the level of discipline given by the then highest ranking officer within the Police Department and must be investigated. End of Captain Allen’s Memo “Appeal of Discipline Resulting From Departmental Hearing” and my responses. Captain Allen’s memo confirms Assistant Manager Mr. Speedling’s assertion that the results of Officer Pryor’s investigation was due to “discrimination or incompetence” on the part of Professional Standards. Mr. Young, please respond to my appeal of disciplinary action of then Interim DK. Crotts, resulting from my August 27, 2010, General Board of Inquiry. In addition, within my appeal T requested removal from the Professional Standards Program. This action was also imposed by then Interim Chief D.K. Crotts. Upon speaking with Captain J. Smith and Lieutenant M.O. Brodie on September 10, 2010, Captain Smith informed me that 1 ‘was going to be extended in the Professional Standards Program. | informed Captain Smith that I should not have been placed in the program to begin with. I then informed Captain Smith that my participation was supposed to end in August. Captain Smith informed me that the program was going to be continued based on the recommendations of Sergeant Deyoung and Sergeant Isom. then informed Captain Smith, or Captain Smith was aware of the following: «In June of 2010, I met with Captain Smith and Lieutenant Brodie and informed them that Sergeant Deyoung was continuing to discriminate and retaliate against me while I was a part of Sergeant Deyoung’s squad. I used as one (1) example that Sergeant Deyoung rated me an overall level two (2) down from a level (3) after me only physically working with Sergeant Deyoung for only four (4) days. One Governmental Plaza, PO Box 3136, Greensboro, NC 27402-3136 (336) 373-CITY (2489)© Captain Smith informed me that it would be better for my situation when he transferred me from Sergeant Deyoung’s squad to Sergeant Isom’s squad. © My rating for the third quarter, fourth quarter and annual evaluation for fiscal year 2009/2010 were all level three, which is meeting expectations. © Sergeant Isom and Corporal Oligmueller administered the discriminatory, retaliatory, harassing, intimidating, unfair, improper polygraphs to me and Officer Royal. Sergeant Isom was well aware that a simple interview with Captain Cherry would have nullified the need for continued investigation of the allegation against me. ‘After challenging the fact that I was going to be directed to continue in the Professional Standards Program, Captain Smith then stated, I will take your concerns to them, but it is beyond my control, itis the powers that be. I then asked Captain Smith to tell me specifically what reasons were utilized to keep me in the Professional Standards Program. Captain Smith informed me that the first one (Professional Standards Criteria) was not clearly spelled out, and he wanted this one to be clearly spelled out, 's0 he would have to get back to me. I then sent Sergeant Holder a follow-up e-mail, copying Captain Smith and Lieutenant Brodie. The e-mail dated September 10, 2010, stated in italics, “Sergeant Holder, if you can please ask Captain Smith if he would please provide me with a written memo explaining the specific reasons for my extension in the professional standard program. Your time in this matter is greatly appreciated.” Thank you On September 11, 2010, Sergeant Holder's response, copied to Captain Smith and Lieutenant Brodie, was, “I will make sure the Captain is aware of your request.” On September 12, 2010, Captain Smith’s response, which copied Lieutenant Brodie was, “I will be in in-service training Monday through Wednesday but 1 will ensure that he gets a written explanation of any extension. I would like to follow-up on information from our meeting with him before doing so.” End of e-mail correspondence between me, Captain Smith and Sergeant Holder, regarding my continuation in the Professional Standards Program. Mr. Young, the following proves retaliation, discrimination, intimidation and unfair practices as it relates to continuation in the Professional Standards Program: ‘© First, Captain Smith states that the recommendation came from Sergeants Deyoung and Isom. Then Captain Smith states he has no control over my placement in the program but it is the powers that be. © There are only five (5) police employees that have authority over Captain Smith, Captain Smith’s direct report or “power that be” is Assistant Chief Crotts. «Assistant Chief Crotts has clearly discriminated, retaliated, intimidated and harassed me and others, This unfair treatment is well documented, recorded and videoed. © Assistant Chief Crotts has influenced others to participate in the aforementioned treatment of me and others. ‘One Governmental Plaza, PO Box 3136, Greensboro, NC 27402-3136 (336) 373-CITY (2489)© Captain Smith informed me that I was going to continue in the Professional Standards Program, however, Captain Smith is unable to provide me any specifics as to why I should continue in the program. My evaluations clearly show that I should not be in the Professional Standards Program, Placing me in the Professional Standards Program is just an attempt to place me in a “weakened state” so that Progressive Discipline, etc, can be utilized to ultimately terminate my employment in the near future. «This same tactic was utilized on Captain Cherry when by placing Captain Cherry in a Fit For Duty Evaluative Process, which was clearly unwarranted. During our September 10, 2010, meeting, I also mentioned that I had not received proper ‘compensation as it related to my reinstatement, I requested my compensation when I met with Assistant Chief Crotts regarding reinstatement, on August 30, 2010. I requested my compensation when submitting my appeal of disciplinary action documents to Assistant City Manager Michael Speeding and to you (Mr. Young) on September 2, 2010. I still had to wait until September 15, 2010, to be paid, in a situation in which I had no culpability. T do appreciate Officer Royal being returned to full duty status on September 14, 2010. Please have Chief Miller appropriately address those responsible for the improper, harassing, intimidating, retaliatory, discriminatory treatment of Officer Royal, and others. Of course that would begin with the highest ranking officer viewing the polygraph videos, directing and condoning subordinate officers’ actions, Assistant Chief Crotts. On September 14, 2010, I was summoned to Professional Standards Division (Internal Affairs) in reference to a complaint lodged against me. Sergeant A.T. McHenry served a notification of administrative investigation on me. The notification stated in italics, in part, “On September 3 2010, you provided a memorandum to Assistant City Manager Speedling in regards to appealing ‘your discipline that had been imposed. Within the memorandum, you disclosed personal medical information about Officer D.A. Pinson. This information has been disclosed to the Yes Weekly, which published it to the community on September 3, 2010 and on September 10, 2010. ‘An investigation has been initiated to determine if your actions violated Deparimental Directive 1.5.2: Conduct Towards Public and Employees." End of Noti ion Memo From Sergeant McHenry. Mr. Young, please note that Assistant City Manager Mr. Michael Speeding stated that the results of Officer Pryor's investigation was due to “discrimination or incompetence” by Professional Standards (Internal A\fairs). It clearly appears that because no corrective action has been taken, Professional Standards continues to operate in a discriminating and incompetent manner. On September 9, 2010, I submitted a memo to you entitled, “Continued Discrimination, Retaliation, Harassment, Intimidation, and Hostile Work Environment To Include After Being Reinstated To Full Duty Status.” Anticipating the false allegation (for which Sergeant McHenry is investigating), the document was prepared to provide an account of my proper actions to you. ‘One Governmental Plaza, PO Box 3136, Greensboro, NC 27402-3136 (336) 373-CITY (2489)Please note the following as it relates to the discriminatory, retaliatory, intimidating, harassing, improper investigation now being conducted on me by Professional Standards. © The information in my appeal document does not disclose protected personnel information «Even if the document did disclose protected personnel information, it is in an appeal document, pertinent to the appeal and disclosed in a document given to the Assistant City Manager and City Manager. * Sergeant McHenry has a copy of my document dated September 9, 2010, which clearly states that I did not release my appeal document to the media. I also state in the September 9, 2010 document that the document serves as my official statement. Sergeant McHenry is in possession of the September 9, 2010 document. ‘© Sergeant MeHenry’s only questions for me should have been, is the September 9, 2010 document my words to the best of my ability, and do I want to add or delete anything from the statement. ‘¢ Sergeant McHenry attempted to force me to reveal information related to confidential conversations with my identified counselors through the City’s Employee Assistance Program (EAP). Sergeant McHenry threatened my employment. Sergeant McHenry utilized the same tactic on Captain Cherry. Sergeant McHenry stated he was familiar with the EAP however, he stated that I was being insubordinate as it related to revealing what I discussed with my counselors. I will, as a courtesy, as Captain Cherry did, reveal that T have discussed all unfair treatment, paperwork, conversations ‘etc. with my identified counselors. This is allowed by City Policy and it is my belief that counseling cannot be effective without a disclosure of what the perceived issues are. «Officer D.A. Pinson, caught unequivocally lying, during my General Board of Inquiry, made the complaint against me. Officer Pinson to my knowledge has not been relieved of his badge and gun, and suspended without pay as others have that were alleged to have been untruthful. In fact, to my knowledge, there is no investigation being conducted on Officer Pinson, When is Attomey Bill Hill, Assistant Chief Ron Rogers, Captain B.L. James, Captain D.K. Ingram, Officer J.D. Donaldson and Detective K.R. Jones, and T going to be interviewed as it relates to the unequivocal liar, Officer D.A. Pinson? «My reinstatement and Officer Royal’s reinstatement in addition to the August 27, 2010 recorded General Board of Inquiry, clearly support the fact that Officer Pinson is unequivocally lying. How can Officer Pinson be trusted to be truthful during investigations, court testimony, dealing with citizens, ete? © I can almost guarantee that the “discrimination or incompetence” of Professional Standards (as assessed by Mr. Speedling) means that Sergeant McHenry never interviewed City Manager Rashad Young, Assistant City Manager Michael Speedling or any other employee in the Manager’s Office that had access to the document after T submitted it to the Manager's Office, and could have leaked it to the media. of discrimination, retaliation, harassment, iclude the following: Mr. Young, please address my allegatior intimidation, and hostile work environment t One Governmental Plaza, PO Box 3136, Greensboro, NC 27402-3136 (336) 373-CITY (2489)«Take proper action relating to my September 3, 2010 appeal of discipline document submitted to you, on September 2, 2010. ‘Remove me from the Professional Standards Program, immediately. Halt the unwarranted investigation being conducted on me. Take proper actions (investigations, suspensions, terminations, etc.) against those city employees that are a party to the unfair treatment levied against me, to include Assistant Chief Crotts, Officer D.A. Pinson and others. «Take necessary actions to ensure a conducive, fair, inviting work environment for me and other city employees so that we can serve our citizens effectively, ‘Thank you so much for your time and attention to these matters. lurk Robert Reye4, Police Officer I Greensboro Police Department Patrol Bureau, Western Division, Squad B ‘Attachment #1: September 8, 2010 memo from Captain Allen with a subject of Appeal of Discipline Resulting From Departmental Hearing ‘Attachment #2: September 10, 2010 e-mail correspondence between Captain Smith, Sergeant Holder and me ‘Attachment #3: September 14, 2010 Notification of Investigation from Sergeant Allen McHenry tome ‘One Governmental Plaza, PO Box 3136, Greensboro, NC 27402-3136 (336) 373-CITY (2489)