Police Department City' of Greensbo .

0

September 13" .2.010

TO:

F.R.O· .. · :

Senior Police 101 ficer, D'FV., Thomas, Support Bureau, Operational Support Division" Legal Support Squad

S- U, B·'JEC·"-··

'.' .... ~ . I' .' '. ..

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Complalnt/Appeal Of Disc -lminatloa, Ren late, ntlmldatlen Ha -assment, Unfair Treatment, - nstile Work Environment

. ' .. '1' .. ·,1 de T· -.- ~. - -'. ", .. -, A' ·,·t!li·· .' .'.- bv A· ,.' ·~,·,·t·, nt C.,..· lty .. M' - .. ,:- - -, '

01• D.CJlU. _.e rmpreper .C_IO.ns _.Y ~. ssts .. a.n .... '. ... ... anager

Michael Speedling, Unwarranted Disciplinary Action

By Assistant Chief D.K. Crotts, and Failure' _0 Investlga e Allega'tii 0'" s 'o'r Discrimmation Retaliatkm, ntimidatlon, .... ~ nd

arassment 'By Lieutenant 'G·,.A~ HUD.t

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Mr, Young, this complaint/appeal is coming directly to -: . ou as Mr ~ Spe dIin,gh.as been implicated relating City Policy V~ elations, within this document,

O August 25, 20091, at 11 :51 am I sent an e-mail to Lieutenant G~A~ Hunt, Captain T.J~ Phipps

• ,;0 C'hl ,. f R E R .. 'h b'" . " V· Th 'C -, ' .. hi hi

and Assistant '> I~I .. erR. ~ . ··:'og,ers wt a subject Ot' " ::·I.o'mas ·~ ... oncerns .. ,'- Wit In this

document, .I alleged allegations of harassment, unfair treatment, hostile' vork environment and intimidation on the part of my then supervisor, Sergeant J~ Heard, IOn August 26, .20019:" Sergeant

Heard reassigned me from the Academy at Lincoln to Ben I .... Smith High School, without notice

or specific reasoning other than to continue his on-going harassment of m ~ Sergeant Heard's demeanor when making the transfer effective clearly showed h ~ sill intent, Sergeant Heard summoned me to Ben ~,SmithHi.,gh School, Officer Roulhac was present with. Sergeant Heard, Sergeant Heard. stated that I was going tOI be assigned at Ben L~ Smith and Officer Roulhac was going to be assigned at th Academy at Lincoln. Sergeant Heard the n walked away in frustrati on" giving no explanation, Lieutenant G.A.:Hunt took no a etion , and dil no' Investigate my eo . plaint, after I notified him via e ... mail on this date that I had been regrettably reasslgned ..

In. this document (e-mail dated August 25, 2009),; I informed my chain ofco unand that 'Sergeant Heard l ad. threatened my job, Lieutenant Iunt, discriminatorily and unfairly failed to investigate my allegations. Lieutenant Hunt's failure to investigate my allegations resulted in. my prediction of being accused of insubordination and (nearly (one) 1 year later) of my emp loyment being terminated, Please investigate Lieutenant I unt and find out why he never investigated my allegations, and take appropriate action. In reference to further harassment" please review the e-'

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'mail dated August 12, 201019 that 'was forwarded, at 4,:1[6 pm from me to Lieutenant H mt and Captain Phipps,

On or about November 16" 2009, I was sustained, on, an allegation of Departmenta Directive " ~,'4.,,5 Obedien,ce To Orrde:r;s~ I was given a Division Level Reprimand by Captain T~I~ Phipps, Please be aware of the following as it relates to discriminatory, retaliatory, intimidating, unfair treatment, and '1' II. above mentioned investigation,

On or about November 13, 2009, I filed a job evaluation appeal and forwarded it to Lieutenant Hunt because Sergean Ieard did not evaluate my work performance but instead Sergeant Heard evaluated my personality, 'Upon utilizing the appeals process I documented policy violations by Sergeant ', .. ard. 'ieuten.ant Hunt took no corrective action, Instead, Lieutenant Hunt had me remain in a hosti e working environment and, referred me black ,to Sergeant Heard to again discuss the evaluation; .. h ~ s is ot proper protoco 'F ientenant Hun instructed Sergeant Heard to re .... w,ord the evaluation to convey the same message, Sergeant Heard never made any changes to tbe job I.,. valuation, In fact, he provid ed me' with another copy of the exact same document,

.' Lieutenant Hunt 'failed to investigate 'my initial allegations of intimidation discrimination, harassment and hostile work e rvironment, whic - is discriminatory in itself

• In r ference to the November 16", 200'9110'bed,ien,ce t~· Ordrs allega ion, Sergeant Heard could not and did not substantiate insubordination as it related to this incident.

• Instead [01 . havir g the incident re-investigated due to policy violations, Former C" ief

Bellamy changed the alleged violation to a violation of Department Directive 1~,5~,15 Rleplorting' and R[eiief Fr::'m Duty~, - .. tis change of alleged allegation occurred only' after I filed a grievance,

• Assistant City Manager Michael Speedling has stated that the results of an Offie r's investiga lion was due tOI "di scriminati on, or incompetence" on the part of Professional Standards (Internal Affairs).

.' Professional Standards (Internal Affairs) approved "he errant, discrimi atory, retaliatory harassing investigation completed by Sergeant Heard alleging insubordination,

• On April 20, 2006" Former Chief Bellamy' advised :m,e via e-mail that hie could not hear my appeal to disciplinary action, because I had, named 'him in an EEOle Complaint, I provided this e-mail 'to Assistant City Manager Michael Speedling, I should, not 'have been discriminated or retaliated against for filing . he E,EIOC complaint, The EEIOC investigation had 'been completedprior to me being' disciplined; therefore Former Chi. f Bellamy should have been able to 'hear any appeals filed by me",

• In an memo dated March 18", 20 ]10" in, respons ~: to my grievance L, onner Chief Bellamy

d ~ d di ~ ~ "'I h 'b d .. . 1 ~ ~ b d· " _ d- iii I"

a Vlse,_, discnminatorily . at tr "e I. ISC -,PI Ine ,gIven was .. ase -, on ~ ",' ~ pl'rlor [. ISClp ,I,nary

a,c'l- nn ta cen against Officer Thomas," I contend that this is the 200[6, disciplinary matter in whic Chief Bellamy had, decli ed to hear initially and later held a grievance hearing with me concerning the discipline, after I had recei' ed the d ~ scriminatory e-mail fro him, .I received t 'discipline shortly after the EEOC had finished investigating m,y complaint, The incident in question was not investigated thoroughly and neither should it 0, have risen tOI the level ofbeing disciplined for on, year,

• In further reference to Chief Bellamy's March 18" 2010 'memo" which I included in my previous grievance addressed to you, he •• 'was untruthful, because he indicated that the

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discipline had been. reduced. Mr. Speedling also advised m,e I his April 7; 2010 res,p'onse to my grievance that the discip ine had been reduced, Jamiah W'aterman advised an attorney that represented me that the discipline had been reduced, I contend 'that I

'" d D'" ,i, ~ L I R" ,~ d d th 'h d ~ ~ .~ ~ h NOT d d h

rece:1v,e_ a IVlSlon - ever kepnmana an~. ' iat the disciphne .. ~as .._ re_ ,uce~ n.Of . as

any' investigation been done on obvious policy violations reported by me,

.A check with Professional Standards (Internal Affairs) yielded that the most "discipline"

given or a, first violation o'f 1 ~4~5 O'bedien,ce To 'Orders was counseling and, after I informed Chief Bellamy of' this in my grievance he maliciously changed the administrative charge to 1 ~ 5 ~ l 5 'R1eporting an,d Relief' From 'Duty~ Chief Bellamy' 'was aware that I had an emergency because he W'(lS seabed in the classroom, He was also aware and that departmental allows employees to reschedule training in, such instances. Former Chief Bellamy's ruling is inconsistent with protocol,

• In ... service training, is coordinated through the Training Division, where 'Captain T .Ll'hipps has 'been assigned as the former Lieutenant Executive Officer; therefore he h.QS knowledge of all applicable policies in regards to rescheduling training 'in emergencies, Knowing this, Captain Phipps administered the discipline on me after I had, advised 'him

h I'· h I bei h d d i '.' id d b S" J H d C: '.'

mont s ear ter, t iat was. iemg narassec anc intimidatedby Sergeant -". eard.Laptam

T~, J~Phipp:s found humor in administering the discipline on me" on or about November 116" 200'91" although the circumstances did, not require any. I contend that Captain Phipps administering discipline on, me under the aforementioned circumstances was. pure harassment, discrimination and the intentional affliction of emotional duress,

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On or about January 17 20]01- Sergeant Heard documented on my second q.' uarter job

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evaluation that my filing of' a. grievance was a, weakness, Lieutenant Hunt reviewed and, approved this obvious retaliation and harassment again no investigation 'was done

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On or about April 7 ~ ,20 ~ 0 Mr. Speedling responded to a grievance I filed as it related tOI the aforementioned thle allegation derived from a, situation in which I was late because I had an emergency, which was a sick child. Sergeant Heard even put this in, 'his report, Former Chief Bellamy in an attempt tlO discriminatorily charge me 'with something and. discipline 'me for something changed the charge to a. 'violation of Departmental Directive 1~ .. 5~15 ,Reporting s,n,d R,elie'f :From Du!y'~ Sergeant Heard should bave documented my statements from. his. covertly 'recorded, interview, in the investigation. In addition Sergeant Heard" should have submitted the evidentiary recorded interview to the Professional Standards Division (Internal Affairs) which would have allowed m,e accessibility, to it as well as fair and, accurate due process during the appeals/grievance time period, Sergeant He ... ard fu rt I her a' ckn owled aed in h is in ve 'S":, tig : atio n th ," at I had info rID'" ied th " , 'e': C', lassroom

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instructor of' the emergency. This statement indicates that Sergeant Heard overhead, the ~ conversation that transpired between me and the supervisor/classroom. instructor and that

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he also knew that there Wl[S nOI reason for him to harassingly investigate or recommend discipline for rule in. regards to N ovember 2,009 investigation,

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During the interview on or about August 24, 201091" Sergeant Heard asked. me repeatedly "Who Do YOIU Work For - - -"" and ended 'by- stating UYo'U Work For Men.

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To my knowledge Mr. Speedling :never ordered any investigations concerning, Lieutenant

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Hunt or Lieutenant Hunt's failure' to investigate my allegations,

Mr. Speedling stated, the following in his document ·tol me on April 7'" 201101~, "During the meeting conducted Ion April 1:; 20 I 0, you stated you 'were not currently experiencing any form of 'retaliation and felt Y'olur supervisor was treating y·OU. fairly." However, on or about May 13" .21010, the City received a letter from Carruthers and Roth, P" -, A.,. Attorneys

-h 1 ~ '''Of-· hef .. h ~ ~ ". '.'

at Law ~ T . ie etter states ]n 'pa-rt" .. ' ..•. .•.•.... t 1- e roregomg, tr e most pre:s.s,lng, ISS'llU!' IS ongoing

retaliation/harassment/hostile work environment and attempted interference with Ms. Thomas' employment relationship with. the 'City 'by Sergeant Jonathan Heard, H

I question Mr. Speedling's allegation that I felt I was treated, fairly and not experiencing any form of retaliation, since I had first submitted an electronic document to y'O'U regarding discrimination and retaliation and. later prepared and hand .... delivered, an, elevent l 1) page document with attachments to your office, Mr, Speedling's document dated April '7, 2010 contains a subject. "Complaint about Discrimination and. Retaliation Issues' ~ Therefore, by 'his 'O'ND admittance I complained about discrimination and retaliation, During the meeting with Mr. Speedling he informed me that 'f was. not going to hie retaliated against after filing the grievance; however I have 'been and, I believe that Mr. Speedling is aware and that is why he took no corrective action.

In Mr, Speedling's April 7', 20]0' response to m.e hie: co.p'ied. Ms. 'Connie Hammond, the Director of Human Resources" Jamiah Waterman and Former Chief Bellamy. Ms. Hammond 'is a direct subordinate ,of' Assistant City Manager, Mr ~ Speedling Human Resources should. have investigated my' allegations of discrimination, harassment, intimidation and hostile work environment and. made a determination to provide to Mr. Speedling, An E·EOC complaint was filed by me on or about March 310~ 201 O~

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I h '·'1 denee i .. hi h f h C- .,. f Gr b

. rave e-mau c,oIT'esplon- ence In my possession 'W_-IC ~" contirms t ... e City 0-· 1 •••..• reens ... oro

agreed to enter into a mediation regarding my EEOC charge, allegations to include a. suggested resolution, This action is a clear indication by the City' that my allegations Brie valid",

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I have lin 'my possession, an e· ... mail correspondence from Attorney Kenneth Keller of communicationts) that had transpired between. him and Attorney Jamiah Waterman concerning: that matter,

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J: was informed in the latter part of July that the City o:f Greensboro no longer wanted to mediate that matter and shortly after this I was suspended. without pay and recommended 'for termination, without j ustification .. ~

On o:r about May 1.2, 2010" I notified of' an administrative investigation, IOI:n. an alleged violation of 1 ~4~5 'O'b,ed.ience to Or,ders relating to an. incident at 2·407 South Holden Road. I 'was sustained

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[on this allegation, I was - ecommended for termination by Sergea-nt Heard; however, Assistant [Chief Crotts gav .'. me ,3 Departmental Reprimand after I returned, to du.ty after being: suspended, Pleas.' be aware of the following as it relates to discriminatory, retaliatory, intimidating, unfaiir

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treatment, an. tea .. ove mennone mvestiganon ..

• This allegation derives from an evaluation conference I had with Sergeant eardat Ben L~ Smith High School OIR May 7, 2010[:, in my office.

.' During the' conference, S ergeant Heard referred to a comment in W' ich hie indicated 'had

'been made by ,8 District Court Judge. The comment was detrimental to 'my evaluation, however, t ere was no investigation confirming that t: e comment was actually m __ de or accurate,

• My contention is that there was no constructive reasoning for Sergeant Heard to relay' the detrimentalcomment to me in the manner in which hie did. I further co. tend that -,[eW8", engaging in provocation, hoping for a negative reaction so that he could later discipline me for insubordination, Five (5) days later in a, document dated May _.2,.,20]0, Sergeant Heard unjustifiably recommended that I be terminated, On July ,23" 2,10110, Chief Bellamy concurred with Sergeant Heard's recommendation, which gave the appearance that I had two charges of insubordination, Forme - Chief Bellamy was untruthful because 'hie' knew that he had overturned. the first false insubordinate charge in March of 20 1 O~ Sergeant Heard, Lieutenant Hunt, Former Chief Bellamy', and. Assistant Chief Holder had a, legal duty 'to confirm that the information given was accurate, beca .. e it resulted in my recommendation for termination, suspension and, later 'being disciplined,

.[ On. May 7, 2010, during the evaluation conference Sergeant Heard W[iS intimidating and hostile towards n ie, Sergeant Heard admitted this in his administrative investiga ion" writing, "'In order to release t-· -SiO'D I stepped a '. B,Y from the o[ nee area while'

O····~I!,.e'r Thomas remained '·[0- her o··m·r r-'l'Ie"

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• On the date in question, (May 7" .20 O) the Principal of Ben I ~ Smith High School, Dr,

Noah Rogers summoned me by school radio during my evaluation conference, with Sergeant Heard,

• I answered Dr. Rogers and attempted to ascertain if' Dr, Rogers had an emergency. I was notified, la:ter that Dr, Rogers wanted to report information relating to a state wanted. person that was possibly on campus, On the [date in question, the principal Dr, Noah Rogers did in fact have an. emergency because a state 'wanted perso[D is either a dangered or endangered person ... I contend that Sergeant Heard's r.qu: st in ordering me :not to assist the principia] in his time ofneed was not a competent order, Furthermore, Sergeant Heard admits in his investigation that he told me to ask the principal if he had an emergency. I commenced to reporting in person to meet the principal as requested 'by - Sergeant Heard, and in a raised voice, he ordered me to leave the [campus and report to his office, Serving or disc ssing the job evalua ion,' id not .' .... '.' e precedence over responding to the emergency and Sergeant Heard interfered with. my employment,

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I 'was a 'School Resource Officer whose salary was paid 'by Guilford County.

During the meeting with Sergeant Heard, I suggested that we postpone the 'meeting: 'until) 1:0,,- IU' nd out 'Dr- •... " Rogers' n 'e_-- e" ds

1~",_'.·",· ,,"_. ...!! ",! .>~,I ~I ~ __ ',,:_ ~

Sergeant Heard 'had requested that I access an, investigative report

I did, access the report as Sergeant Heard requested although there is a discrepancy in the time in which I accessed it.

Sergeant Heard used as his justification for a recommendation oftermination, a violation of insubordination which does not exist,

Sergeant Heard used as 'his justification for termination that I called in. sick, on June 2.5, 21009~ Actua]Iy~prilor, to calling Sergeant Heard, at or around 10530 hours, I called. the Watch Operations Center ~ According 'tOI Sergeant Heard, he told me to call Corporal Mcffonald, and I. responded, raising my voice at Sergeant Heard, There was no investigation, and I contend that I did not raise my voice to Sergeant Heard, In fact, the call '10' Sergeant Heard was a courtesy ~

Sergeant I eard 'us'es as justification for termination that Corporal McOonald stated that I disrespected her approximately one year earlier, In fact, Sergeant Heard's investigation stated partly verbatim, "In the many years that I havle worked at Safety TO\\l11.:~! I have never been so disrespected by an.yone~ But Deborah disrespected, me S'O bad yesterday.' There was nOI investigation conducted, Sergeant Heard. never explains what I did. that was disrespectful to Corporal Mcfronald. Corporal Mcflonald never explains what I did 'to be disrespectful towards her, In fact, in. the proceeding bulleted information, it is ironic that I was the only officer to respond. 'to Corporal Mclronald's request for assistance, however, neither Corporal Mcfronald nor Sergeant Heard found the othe:r School Resource Officer's non response to Corporal Mcfronald's request 'be disrespectful, Sergeant 'H- - -d' -t·at· -c ·0 his 0 n doc nnent as it relates to our dlscussion or-" this incident

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"She continued 'by commenting that .I was ,h,arass,inl!: her," In. addition, Sergeant Heard clearly intimldates and harasses the entire squad as :it relates to velunteering for Safety Town, which Is Doted, in. the proceeding bullet'ed information.

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1- .-.- e-mail which II saved ,'.,.--:- orab tMarch 10'" 2"0'-"0-"9" C-_··_········-II·M·'···::.·,D······--·;,-_·, d r __ - ested n an e ... mai W I]C, I saved, on or anout viarc '. ,-::',--,orpora, .< crxmax requesre

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'1' . isth S' d "'. ith '. f 'S-" fei T - II

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vo unteers to assist aer on. a Satun ay to assist wnr preparanon tor ..: a ety own, to a.

School Resource Officers through e ... mail. On this same day, I respo:nded back to, Corporal Mcl.ionald ,and agreed to assist her. No other School Resource Officer respon do- ed - O,-'-'In---' June 4-'- ·2·····0·'·0 .. ,· '9'-'1 .C"":-'··_IO-·'rp-· ooral M:··-·· ···c····D,o .. mald sent an . e .... ma :;'11 t 0'· Sergea .. nt Heard wh ich

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t ted '~"'D_-" b .. ,'- 'h- -. . .', .. ," -' - '- d ,t -' h l' - ". kl T·h··,,· -. ht "'t- ·h· . ild b"- -- .. ··t· ed "',--. h . file no", v.;

S ale~,~ ,-·.·e ,-Olf,a "I volunteerer 0 e"p' qUIC ... y,,, ", ou,g ' .. 1. 1 S OU.f-e n.o ~e_ In er, 1 e", · .. ·.D

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SI ai, e., ' - Jllease e · .. :orporaJlicOnaJl =OIW o~ your av,aI a 'I 11_,YY- .'" .1" , .. "

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requested ,by y:ou· will' not be looked ,atfavorab.lyl.!

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.... urln.,g m.y .. If'_' q,uarlef eva .u,a]on mee. ,In,g",ergean_, :__ar-_ recommen _ :__-_, _,_,:_ _r. __ nS:__L'~1

b'ecause l ha,d supposedly filed a fifty five (55) pa,ge document ,all,e'gin,g: h_,ar,ass,mlent biy Siergean.t 'Heard~, I noted this on the Icomments in the ev',alualilon which Lieutenant Hu'nt rece]ved,~

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• Lieutenant Hunt failed to investigate my initial allegations of intimidation, discrimination, harassment and hostile work environment, which is discriminatory in itself

• Assistant City Manager Michael Speedling has stated that the results of an Officer's investigation was. due to "discrimination or incompetence" on the part of Professional Standards (Internal Affairs),

• Professional Standards (Internal Affairs) approved the errant, di scri minatory" retaliatory harassing investigation completed by Sergeant Heard, alleging insubordination,

• On or about May 1,2, 2010, Sergeant Heard responded tOI Ben, L~ Smith High School and summoned me tOI the main office, when, I arrived he 'humiliated m,e by serving' the notice of administrative investigation on 'me concerning the May "7, 20],0 incident, This transpired while he was. standing directly beside and conversing with, the library assistant.

This retaliatory, discrfmlnatory, harassing unfair Investigatlon should have a un.d:iDgs changed ·to unColuD,ded. Sergeant Heard did not fo 'I 'I ow proper protocol nor did he properly document the interview, which essentially' means that ruling 'was based solely on his interpretation of what had transpired, This denied me any fairness or objectivity, concerning, due process ,P,urp,oses that I should be afforded,

On or about May 28~ 2,0110, Sergeant Heard notified me that I was being investigated for an alleged violation of Departmental Directive 18~1~2 R,e'porting For Court, Sergeant Heard sustained 'the violation against me. Please be aware of the following as it relates to, discriminatory retaliatory, intimidating, unfair treatment, and the above mentioned investigation,

'On August 1,2" 2010', Assistant Ch.ief·D~K", Crotts unfounded the allegation against me in regards ta, Reporting to Court, which makes the allegation false ,and confirms the discrimination, harassment, unfair treatment and intimidation allegations I made against Sergeant Heard, Furthermore, refer to .lA. File # 1 0-364 because the evidence suggests that several other School Resource Officers had committed one ofthe allegations pertaining to court requi rements which I

h d b d f I d b f f h .... d di ~ 1 ,', d e d '"

ad been accused 0,= out t 0' any 0', them were mvestigatec :,ISIClp.: me . or transterrec against

their requests, Sergeant Heard" intimidated, harassed and treated me unfairly as it relates to court atte nd '8: nee b-y' Schoo ,I Re sour 'ye' .e Officers T'h"I~ ~ I~ ~ C·O· nfi rm ed b'·'.IY".··:' ·an: ". Au .. gu p:t' 2-,,8·',. 2-·0·.·.0-·.·9,·1 .C··· om plaint th tat

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I made via e-mail Captain Phipps and Lieutenant G~ A", Hunt, The harassment and intimidation committed against me by Sergeant Heard 'was not investigated, To m,y knowledge the information shared reference other subordinates of Sergeant Heard 'was not investigated. Sergeant Hard was allowed to continue investigating me after .I had reported being harassed by him and it 'was, not investigated. In June 2,0'],10, Sergeant Heard initiated an investigation on m,e even after I had been transferred under the supervision of' another Police Sergeant,

'. The unfounded/false report regarding R,eporti:n,g to Court should have drawn Assistant" Chief Crotts attention to the remaining frivolous faulty investigations conducted by Sergeant heard,

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• On. February 18., 201110, Sergeant Heard and I conversed by e-mail regarding the exact scenario in which he disciplined me for on or about July ]9, 20]O,~ In the' ebruary 18" .210 [0 instance, Sergeant Heard approved my actions,

• Lieutenant Hunt was never held accountable for the errant invesrigarion or not investigating previous a Iegations I made against Sergeant Heard,

[. Assistant City Manager Michael Speedling has stated that the results ,of' an Officer's investigaticn : vas due tOI "discrimination or incompetence" on the part of Professional Standards (Internal Affairs),

On June 16, 20] Ol~[ Sergeant Heard notified me that hie was investigating me fO'T 8" possible viola ion, of Departmental Directives 1'7,~ 1~.3 Ev~dence ,:Ian[dling and Departmental Directive 1,~5,~23 Su'bmissio,n of Reports~ The incidents (evidence handling) allegedly occurred ol:n J anu ary 2161:, ,20110 ( count)" and, February to 2,01110 (1 count), 'The submission of reports incident allegedly occurred Ion or about February 10, 20]0,.,

'.[ In the first evidence handling allegation Sergeant Heard sustained a violation against me" knowing 'that he approved my actions in the report approximately months earlier .

• ' I was called to th,e Academy a Smith in relation to a studen on camp .. s with a knife. The student had carved his initials on the bathroom 'wall (student admit ed to this), I was not requested to file any formal charges, Based on the fact that the student had, 0 prior criminal, history, I referred him to, a commonly used community biased program. I confiscan d the 'knife and had the principal have the student's mother contact :me at Ben L., Smr ,- .igh Sc '001" which s- e did. Based 01 1 the fact t· at the student was not c '. arged, I returned the knife tothe studen .. 's mother,

• I 'h, 31 d discretion in this case, which I utilized, No written laws, departmenta 'rules, regulations '0" procedures were violated,

[. ~rgea,n,t ear'd 8'pprov[ed ,there·p,ort #201.01""10126-1[43,, which explained my [actions

taken in . his particular case,., In the secondary incident, (February 2010) l took similar action relating to ,8 student having a knife Ion campus, In this particular case, .1 was not [on, duty, during the initia incident, School officials. should have, but failed contact law enforcement immediately for reporting purposes, a ad to have the knife removed, even though, these same school officials 'falsely indicate .• _ on an official form, in which I observed that law enforcement had been notified" The school officials waited until I returned 'tOI duty the next day; to report the incident to me. The threat of the student having the knife was on February ]0, 21011101 (when was DOlt o[n duty), not February 11" 2010,., I did make the mistake of not preparing a report, ,A fi-st offense of the mistake of Riot submitting a report warrants nOI more than counseling, The report should have been, prepared and the knife' should 'have removed from the campus 0[0 February ],Ol~ 20[O~ The case report would have been assigned to a defective in the Criminal Investigations Division for follow-up,

• Mr~ Speedling has been inform, d that Former Chief Bellamy s ated to me during a grievance hearing that Sergeant Heard was. abusing his authority, Mr. Speedling took no, ~ correcti vie action ..

• Sergeant Loy, Professional Standards Investigator writes, "In this i cident a studen brought a weapon to school, a knife and Officer Thomas did complete a.n investigative

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report, In, t at report she states that she returned the 'knife to t e student's mother, very

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sirmlar to '.O·W' s ie uttlizec aiscrenon 'In tr e return 0,' , e weapon to' e parent In t 'e

incident that occurred on February 11, 2.'OIO~ In the January 261,,20]0 incident, Sergeant . .Ieard appears tOI have approved of 'Officer Thomas,' investigative report, This may er may no" 'be' 'be case, but should be clarifled as to ,the use of Officer Thomas' discretion and evidence handling prneedures for' consistency in these matters, As a result of this susta ined violation, coupled with. 'the sustained violation 'for the January 26", 2010 incident, for which her report was approved, a recommendation for termination was made." Sergeant Loy should have had proof by' the tracking statement provided 'by me that the report that the report had been approved by Sergeant Heard,

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n ;, ergeant ,-' oy' s. statement, - e ack iowre .ges tr at uti izeo discretton :18. ['," e

aforementioned matters. Sergeant Loy states that clarification is needed relating to, my discretion, That statement alone clearly relays that my discretion was proper or so close to proper that he is not clear Ion the next course ,,' f action,

In. Sergeant Loy's assessment '10 Interim ChiefCrotts enti Ied, "Review of Termination. for 0 ficer D~,V~ Thomas," Sergean Loy shou d have provided the needed clarification to

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ensure airness an" ,,' consistency,

Lieutenant 'Hun' failed. to investigate my initial allegations discrimination, harassment and, hostile work environment, which is itself

As' ~ stant City lv anager Michael Speedling has stated th .. at the results of an Officer's investigation was due to "discrimination orr incompetence' Gin the part of Professional Standards ( lnternal Affairs),

Professional Standards (Internal Affairs) approved the errant, discriminatory" retaliatory harassing investigation completed 'by Sergeant Heard, alleging insubordination.

,

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of intimidation,

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iscnmmatory in

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Assistant Chief D~K~ Crotts unfounded only one of Sergeant Heard's administrative investigations; 'his 'is in regards to R,e12olrting to CO'urt In. this particular investigation Sergeant Heard. indica led that I had signed an administrative rights and responsibilities form on May 28,~, 2010~ There 'was no form. signed by 'me on this date, nei her did any form exist in the' Professional Standards (Internal Affairs) file until rafter I had filed an appea and, Chief Crotts did, :not address this truthfulness issue in his response to my appeal 4' Assistant 'Chief Crotts did. not meet with me 'to' discuss any of the appeals, Assistant 'Chief D'~K~ Crotts decreased the level of discipline in regards to the evidence handling ad' iinistrative investigation in. w~ iich Sergeant Heard, had approved, Assistant 'Chief' Crotts forwarded m'e a notification of his response to my appeal, via. inter-office mail, owever, I disagree that sending the notice via ir ter-office was the most prudent CO'UfSe. of action because Assistant Chief Crotts knew it was not likely t at I would receive the notice in a timely manner, due ··0, being out of administrative leave,

None of Sergeant Heards investigations that have bee ' conducted o:n me appear to be 'i' compliance with Garrity Rights, containing asked questions with. responses that are specifically" directly and narrowly related tOI my duties, Lieutenant G., A~ Hunt" Assistant Chief I Iolder Assistant Chief D'~K. Crotts, and Professional Standards (Internal Affairs Personnel) have all reviewed the investiga ions and th ~ s should have draw ' their attention tOI take' correctr e action to

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ensure I had been afforded any any all fair or accurate due process prior to beina disciplined

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suspended without pay and recommended for termination,

On 'or December ,22",2009, while serving as my Bureau Commander Assistant ChiefR'E, Rogers received a photocopy of an investigation from 'my 'internal affairs personnel HIe without 'my permission, Assistant Chief Rogers received this ICOP'Y from Professional Standards 'Corporal :D ~E. Stewart, Assistant Chief Rogers received the photocopy of the document (0'9 .... 4,7'5) just. days before hie knew that he was going to 'be transferred, to the Criminal Investigations Division, On September 8" 20109, Sergeant J~, Heard, received 3, photocopy of a portion of 'my personnel file (2'006'"'",203) without m,y permission, Sergeant Heard received this copy from ProfeSS'IOn31l Standards Division Corporal Milford Harris, Please note that. Mr, Speedling stated that the results of an officer's investigation w,as due to "discrimination or incompetence" 'b,y Professional Standards, After Sergeant Heard took the photocopy of file without my' permission, he created, several additional administrative investigations utilizing the same administrative charge info rm ati 0.·· .... n·· W· .. , .... h '. ii ch g,' . .a v···,- e ap pe a red a n attempt to .... create a p-ro', g .... res siv e d 'I~ scipli n e s cen .. ·~ " a .... ri 10: :.

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This retaflatery, discriminatory, harassing unfair :i,Dves;tigatioD should have I, flndings changed to u'nfuuDld,ed'mexc,cp't the OD,e (1) first time mistake of not s'ub,'mittin,'g a report, The Departmental Directive 1.S~23 S,ubmi,s:sio:n, ,of R'c;ports" should be sustained, I should, have been afforded counseling in, this particular incident. The' school officials should have called the pollee department 'to, report the incident and tOI have the knife removed from the cam 'p-u=,s'·,

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Mr. Young, 'it should 'be noted. that this document is ali combination of a, complaint and appeal. As the result of discriminatory retaliatory, harassing, intimidating and unfair treatment, I have been assessed two (.2) Departmental Reprimands, one (1) Divisional Reprimand and one (1) first level, The discrimination" retaliation, harassment, intimidation and unfair treatment began with Lieutenant H'U'D't net lnvestigatlng ,my allegatlons against Sergeant Heard one ye'l,r a,go~,

During the month of August 2IOI'Oj, I was. suspended without pay, and, recommended for termination without justification. It is my beliefthat upon high ranking City officials reviewing my case" discrimination, retaliation" harassment and intimidation, 'became apparent, I' further Question whether the suspension and recommendation to be terminated 'was illegal, Sergeant

Heard harassed and discriminated against me by aggressively investigated me during the 'months ofMay June and July 20] O,~

In. addition, a pending :EEOC Complaint would expose the fact that Lieutenant Hunt did, not ~ investigate my allegations against Sergeant Heard originating in August o:f 2009~ The retaliation unfairly placed me on a ninety day (90 day) Action Plan within the Professional Standards

allowing 'me tOI continuing to work 'in my full capacity for nearly three (3) months, The truth of the matter is , based on the 'fact that I was not notified of' the recommendation for termination and 'was allowed to interview for the job opening, exposes the fact that these reported aforementioned instances are retaliation, harassment, intimidation, discrimination, and conspiracy,

These malicious administrative investigations, prepared by Sergeant have caused 'me tOI receive discriminatory treatment, humiliation unjustified disciplinary action, 8, suspension and another job transfer. I request a1.1 disciplinary actions 'be removed from my' files in relation to any' of

Sergeant Heard's investigations, I request to be immediately removed from the Professional Standards Program because there is no reason for any supervisorts) to approve a subordinate's action and months later investigate and recommend discipline, Please review departmental policy concerning evidence handling and, all other related departmental policy,

Mr, Y oung, please make the requested changes as it relates to the disciplinary action taken against me" which 'is a. result of discrimination, retaliation, harassment and. unfair treatment resulting in a hostile work environment. In addition, please take all necessary 'investigative steps for 'the disciplinary action as it relates to my allegations, I would also, like to be returned. tOI :my position of School Resource Officer at The Academy at Lincoln, I request to receive fair and equitable treatment in. accordance w'ith, City and Departmental Policies,

In ad .. dition, the retaliation against me 'has prompted me to seek counseling as allowed by City Policy H-5., utilizing the Employee Assistance Program (EAP)~, Please note that because Mr.

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pee '. IlOg [8 imp .lea Ie,. In my COlmp, aln,.~ an:_c. =, r, .··pee_.·J.lng .. "as aU' ... orl .. , over ummn

Resources, I cannot confidently utilize, the EAP through the City, I have elected to seek counseling through community resources

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Mr, Young" although I am aware that you have met with a police employee, significant 'to 'my allegations, relating to litigation settlements, I still trust that I will receive fair and, equitable treatment,

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Program. U'P'O'D me Ilming notices of appeals, Serges rt Heard W,IlS allowed to submit

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a .. ,. e ... um neeuments re atmg to, ms tnvesttga lon:s 0' me. Lieutenant ~un __ . coneurre I wttn

Sergeant Heard's changes, :I doubt thatthis is proper .prlotlocO .11

I was reinstated to work without 'being afforded a departmental hearfng, Prior to my susp . - sien, in a dated Ju,ly 12, 201", wit I a sub] ~c't 0,(' Addell,d'um:: Recommendation for

D'· .~. A' !II! , 'C' b"" f H Id did t fi d "d t .. L I' h d . . ," 0

ISC Pi _ne, Asststant C I 'I.e 0,. ler I ". no ... m .. _ me i_ .. ~ etrlmenta tlo t . 'e_ cpartment, . ... _c .10 Otr

about August 26", 2010,t based. on the' May 7" 2010 faulty :invlesti.:gatitoD. conducted by Sergeant Heard, Assistant Chief Helder stated that :1 was "',d,ctrimental to ' he department," Assistant Chief Helder : toes en to state that I have shown I, disturbing pattern of behavior since 210016. Assistant Chief Helder gives, 0 supporting documentation 'or such a statement,

..... ssistant Chief Helder appears to be setting the stage for additional adverse actions te be 'I aken against me, This, weuld be through progressive discipline'. Assistant Chief Holder's allegation of me being: detriment to the departmen al is fa- s ~',.

My entire :PIO I ice Chain of Command, . 0 in.te .. ude Assistant Chief Crotts is implicated in allegations I have made, Assistant City Manager, Mr. Michael Speedling is implicated in allegations I hav made, The high level of discipline was as: ssed to m,e as an ,BC e:mpt o terminate my employment, placing me in a position in which one (1) future :mistake could lead to termination.

Duri ng the fiscal year 2100t9/210 10" Sergeant '. :.- ard evaluated my personality; protocol dictates e" aluations shonk be based on work performance, It appears that Sergeant .Heard prepared my

th 200191.21010 Ann.ual Evaluation with information that he alleges, transpired on June 25- ' and June

29th of 200t9, which indicates this was the previous Fiscal Year" another policy violation, Lieutenant G,", .A~ Hunt reviewed the docurnent an took no corrective actio ~ was not given a, fair opportunity in regards tr appealing neither my fourth quarter nor Annual Job Evaluations during the (5) daly time period that is allowed, The job evaluatioms) were served, on me without a signature from any supervisor 0'8 July 9, 20110 an,d when itt was of inconvenience to mte'i' 1 was scheduled to atn ndjob training that was held tout of town during the following week, On .... uly 9, 201tO, .I was ordered to provide my signature on tlu unsigned job evaluations and I was to d that I would receive signed copi es later, While I was attending the training I. requested a signed copy from ieutenan .. 'Hunt via e-mail •. onor3.bo.utJulyI3.20]O~Id.itdnotrecreivesignedco.pi.s of the

job evaluations until Ju y 20, 2010~ Serg. ant Heard documented on my Annual Job evaluation that discipline imposed on or :for me ranged from a. first. level to termination, After doing so, Sergeant Heard documented on. my' Annual Job Evaluation that I had. me, expectations and rated me at Level three 1(3)~ I was allowed to, 'work nearly three f3)1 months, wit out being aware that after I had recommended for termination 'by Sergeant Heard. I applied and interviewed fo - ,3 Juvenile Detective job position, I contend that the malicious, frivolous investigations completed, by Sergeant Heard and concurred by Lieutenant Hunt and Assistant ChiefHolder, destroyed any ~ fairness 'or I .bjecti.vity th .. at I should .. 3,V·. been afforded for the position. Furthermore" if' these supervisors, truly felt that In'Y' termination was justified, then they S ould hav: seen the liability in

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