REYES-September 15,2010 Continue Discrimination and Administrative Investigation of UNTRUTHFUL...

8/6/2019 REYES-September 15,2010 Continue Discrimination and Administrative Investigation of UNTRUTHFUL Officer D.A. Pi

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Police DepartmentCity of Greensboro

RlCEI ' f"S E P 1 5 2 0 1 0

C i t y M a n a g e r ' s O H i o uGREENSBORO

September 15,2010

TO: City Manager, Rashad YoungFROM: Officer R. Reyes, Police Officer I, Patrol Bureau, Western Division, Squad B

SUBJECT: Continued Discrimination, Retaliation, Harassment,Intimidation, and Hostile Work Environment To IncludeImproper Response of Allegations/Appeal by Assistant CityManager Michael Speedling and Administrative Investigationof UNTRUTHFUL Officer D.A. Pinson's Allegation AgainstMe

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 thenInterim Chief of Police D.K. Crotts. This disciplinary action was the result of a General Board ofInquiry, 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 AssistantCity Manager, Mr. Michael Speedling, both containing the same information in the body of thedocuments. I submitted copies of my appeal to both you and Mr. Speedling as there is someambiguity as to who the appeal should go to. I did not want to take a chance on my appeal notbeing addressed, due to a technicality.Please note that the appeal would have eventually came to you as it is my belief that thediscipline imposed against me is due to retaliation; discrimination, and unfair treatment of whichMr. Speedling is a party to.On September 10, 2010; I received a memo from Jane Allen, the Commanding Officer of theProfessional 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, andtitled "Appeal of Discipline Resulting From Departmental Hearing" will be italics, and myresponse will follow.You forwarded an "Appeal of Disciplinary Action Imposed" memorandum to Assistant CityManager Michael Speedling, dated September 3 , 2010. In regards to this, Assistant CityManager Speedling has requested that I respond. Officer Reyes' Response: Mr. Speed ling, whois 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)


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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 appeaLThe General Board of Inquiry serves as the appeal for disciplinary recommendations ofsuspension, demotion or termination. As a result of the Board of Inquiry held at your request, thediscipline imposed in your case was reduced from the recommendation of termination to aDivision 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 finalDepartmental administrative action. "(Departmental Directive 7.4.1.. emphasis added). Only aresulting level of discipline which can, by city policy, be appealed to the City Manager's Officecan be appealedfurther.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 yourGeneral Board of Inquiry and that disciplinary action is final. Officer Reyes' Response: I wassuspended without pay from August 9, 2010 until August 30, 2010, and given a division levelreprimand. Both disciplines were given by then Interim Chief D.K. Crotts, the highest rankingofficer in the police department. In addition, the discipline imposed was due to discrimination,retaliation, harassment, intimidation and a hostile work environment. Those allegations ofpossible violations of Federal Law supersede the level of discipline given by the then highestranking officer within the Police Department and must be investigated.End of Captain Allen's Memo "Appeal of Discipline Resulting From DepartmentalHearing" and my responses.Captain Allen's memo confirms Assistant Manager Mr. Speedling's assertion that the results ofOfficer Pryor's investigation was due to "discrimination or incompetence" on the part ofProfessional Standards.Mr. Young, please respond to my appeal of disciplinary action of then Interim D.K. Crotts,resulting from my August 27,2010, General Board oflnquiry.In addition, within my appeal Irequested 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 Iwas going to be extended in the Professional Standards Program. I informed Captain Smith that Ishould not have been placed in the program to begin with. I then informed Captain Smith that myparticipation was supposed to end in August. Captain Smith informed me that the program wasgoing to be continued based on the recommendations of Sergeant Deyoung and Sergeant Isom. Ithen 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 thatSergeant Deyoung was continuing to discriminate and retaliate against me while Iwas apart of Sergeant Deyoung's squad. I used as one (1) example that Sergeant Deyoungrated me an overall level two (2) down from a level (3) after me only physically workingwith Sergeant Deyoung for only four (4) days.


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Captain Smith informed me that it would be better for my situation when he transferredme from Sergeant Deyoung's squad to Sergeant Isorn's squad.

My rating for the third quarter, fourth quarter and annual evaluation for fiscal year2009/2010 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. SergeantIsom was well aware that a simple interview with Captain Cherry would have nullifiedthe need for continued investigation of the allegation against me.

After challenging the fact that I was going to be directed to continue in the ProfessionalStandards Program, Captain Smith then stated, I will take your concerns to them, but it isbeyond my control, it is the powers that be.I then asked Captain Smith to tell me specifically what reasons were utilized to keep me in theProfessional Standards Program. Captain Smith informed me that the first one (ProfessionalStandards Criteria) was not clearly spelled out, and he wanted this one to be clearly spelled out,so he would have to get back to me. I then sent Sergeant Holder a follow-up e-mail, copyingCaptain 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 awritten memo explaining the specific reasons for my extension in the professional standardprogram. Your time in this matter is greatly appreciated. "Thank youOn September 11, 2010, Sergeant Holder's response, copied to Captain Smith and LieutenantBrodie, was, "1will make sure the Captain is aware of your request. "On September 12,2010, Captain Smith's response, which copied Lieutenant Brodie was, "1willbe in in-service training Monday through Wednesday but 1will ensure that he gets a writtenexplanation of any extension. 1ould like tofollow-up on information from our meeting with himbefore doing so. "End of e-mail correspondence between me, Captain Smith and Sergeant Holder, regardingmy continuation in the Professional Standards Program.Mr. Young, the following proves retaliation, discrimination, intimidation and unfair practices asit relates to continuation in the Professional Standards Program:

First, Captain Smith states that the recommendation came from Sergeants Deyoung andIsom. Then Captain Smith states he has no control over my placement in the program butit is the powers that be.

There are only five (5) police employees that have authority over Captain Smith. CaptainSmith's direct report or "power that be" is Assistant Chief Crotts.

Assistant Chief Crotts has clearly discriminated, retaliated, intimidated and harassed meand others. This unfair treatment is well documented, recorded and videoed.

Assistant Chief Crotts has influenced others to participate in the aforementionedtreatment of me and others.


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One Governmental Plaza, PO Box 3136, Greensboro, NC 27402-3 t 36 (336) 373-CITY (2489)

Captain Smith informed me that I was going to continue in the Professional StandardsProgram, however, Captain Smith is unable to provide me any specifics as to why Ishould 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 ultimatelyterminate my employment in the near future.

This same tactic was utilized on Captain Cherry when by placing Captain Cherry in a FitFor Duty Evaluative Process, which was clearly unwarranted.

During our September 10, 2010, meeting, I also mentioned that I had not received propercompensation as it related to my reinstatement. I requested my compensation when I met withAssistant Chief Crotts regarding reinstatement, on August 30, 2010. I requested mycompensation when submitting my appeal of disciplinary action documents to Assistant CityManager Michael Speed ling and to you (Mr. Young) on September 2, 2010. I still had to waituntil September 15, 2010, to be paid, in a situation in which I had no cUlpability.I do appreciate Officer Royal being returned to full duty status on September 14, 2010. Pleasehave Chief Miller appropriately address those responsible for the improper, harassing,intimidating, retaliatory, discriminatory treatment of Officer Royal, and others. Of course thatwould begin with the highest ranking officer viewing the polygraph videos, directing andcondoning 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 ofadministrative 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 appealingyour discipline that had been imposed Within the memorandum, you disclosed personal medicalinformation 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 Departmental Directive1.5.2: Conduct Towards Public and Employees. "End of Notification Memo From Sergeant McHenry.Mr. Young, please note that Assistant City Manager Mr. Michael Speedling stated that theresults of Officer Pryor's investigation was due to "discrimination or incompetence" byProfessional Standards (Internal Affairs). Itclearly appears that because no corrective action hasbeen taken, Professional Standards continues to operate in a discriminating and incompetentmanner.On September 9, 2010, I submitted a memo to you entitled, "Continued Discrimination,Retaliation, Harassment, Intimidation, and Hostile Work Environment To Include After BeingReinstated To Full Duty Status." Anticipating the false allegation (for which Sergeant Mcl-lenryis investigating), the document was prepared to provide an account of my proper actions to you.


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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 personnelinformation

Even if the document did disclose protected personnel information, it is in an appealdocument, pertinent to the appeal and disclosed in a document given to the Assistant CityManager and City Manager.

Sergeant McHenry has a copy of my document dated September 9, 2010, which clearlystates that I did not release my appeal document to the media. I also state in theSeptember 9, 2010 document that the document serves as my official statement. SergeantMcHenry is in possession of the September 9, 2010 document.

Sergeant McHenry's only questions for me should have been, is the September 9, 2010document my words to the best of my ability, and do I want to add 01' delete anythingfrom the statement.

Sergeant McHenry attempted to force me to reveal information related to confidentialconversations with my identified counselors through the City's Employee Assistance.Program (EAP).

Sergeant MclIenry 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 itrelated to revealing what I discussed with my counselors. I will, as a courtesy, as CaptainCherry did, reveal that I have discussed all unfair treatment, paperwork, conversationsetc. with my identified counselors. This is allowed by City Policy and it is my belief thatcounseling 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 ofhis badge and gun, and suspended without pay as others have that were alleged to havebeen untruthful. In fact, to my knowledge, there is no investigation being conducted onOfficer Pinson. When is Attorney Bill Hill, Assistant Chief Ron Rogers, Captain B,L,James, Captain D,K. Ingram, Officer J.D, Donaldson and Detective K.R. Jones, and Igoing 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, 2010recorded General Board of Inquiry, clearly support the fact that Officer Pinson isunequivocally lying, How can Officer Pinson be trusted to be truthful duringinvestigations, court testimony, dealing with citizens, etc?

I can almost guarantee that the "discrimination or incompetence" of ProfessionalStandards (as assessed by Mr. Speedling) means that Sergeant Mcllenry neverinterviewed City Manager Rashad Young, Assistant City Manager Michael Speedling orany other employee in the Manager's Office that had access to the document after Isubmitted it to the Manager's Office, and could have leaked it to the media.

Mr. Young, please address my allegations of discrimination, retaliation, harassment,intimidation, and hostile work environment to include the following:


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Take proper action relating to my September 3, 2010 appeal of discipline documentsubmitted 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 AssistantChief Crotts, Officer D.A. Pinson and others.

Take necessary actions to ensure a conducive, fair, inviting work environment for me andother city employees so that we can serve our citizens effectively.

Thank you so much for your time and attention to these matters.

~ 1 : ~ ! t ; O l i c e O f f i c e rGreensboro Police DepartmentPatrol Bureau, Western Division, Squad BAttachment #1: September 8, 2010 memo from Captain Allen with a subject of Appeal ofDiscipline Resulting From Departmental HearingAttachment #2: September 10,2010 e-mail correspondence between Captain Smith, SergeantHolder and meAttachment #3: September 14, 2010 Notification of Investigation from Sergeant Allen MclIenrytome


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Police DepartmentCity of Greensboro GREENSBORO

September 8, 2010

TO: Officer R. Reyes, Patrol Bureau, Western Division, Squad BFROM: Captain J. F. Allen, Captain, Professional Standards Division

SUBJECT: Appeal of Discipline Resulting From Departmental Hearing

You forwarded an "Appeal of Disciplinary Action Imposed" memorandum to Assistant CityManager Michael Speedling, dated September 3, 2010. In regards to this, Assistant CityManager Speedling has requested that I respond.The General Board of Inquiry serves as the appeal for disciplinary recommendations ofsuspension, demotion or termination. As a result of the Board of Inquiry held at your request,the discipline imposed in your case was reduced from the recommendation of termination to aDivision 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 finalDepartmental administrative action." (Departmental Direct 7.4.1; emphasis added). Only aresulting level of discipline which can, by city policy, be appealed by to the City Managers'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 yourGeneral Board of Inquiry and that disciplinary action is final.

/'"J,:,) , ~::::-....;;YJ/J.'/9 Y ) ! . -e : ( - : : ; : /(/f_fc:k;t,/?-~'jane F. Allen, CaptainProfessional Standards Division

cc: Assistant City Manager Michael SpeedlingK.C. Miller, Chief of Police



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R e y e s , R o b e r tFrom:Sent:To:Cc:Subject:

Smith, Joe (Police)Sunday, September 12, 2010 9:20 PMHolder (Lejeune), Leslie A .; Reyes, RobertBrodie, Mike O.Re:

Iwill be in in-service training monday through wednesday but Iwill ensure that he gets a written explanation of anyextension. Iwould like to follow-up on information from our meeting with him before doing so.

From: Holder (Lejeune), Leslie A.To: Reyes, RobertCc: Smith, Joe (Police); Brodie, Mike O.Sent: Sat Sep 11 10:43:26 2010Subject: RE:O ffi c er F y es ,Iw ill m ake sure the C apta in is aw are of your request.Leslie Holder

L.A. Holder, SergeantGreensboro Police DepartmentPatrol BureauWestern DivisionSquad B336-574-4017

From: Reyes, RobertSent: Friday, September 10, 20107:22 PMTo: Holder (Lejeune), Leslie A.Cc: Smith, Joe (Police); Brodie, Mike O.Subject:E ' g t H older if you can please ask (apta i n S nith if he w o uld please provide m e w ith a w rit te n m em o expla in ing thes pe dfic re as on s for m y extension in the professional s tanda rd progra m. Yo ur t im e in th is m at te r is greatly appredate dthan k you


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Police DepartmentCity of Greensboro

, . \

September 14,2010

TO: Police Officer I R. Reyes, Patrol Bureau, Western Division, Squad BFROM: Sergeant Alan MclIenry, Professional Standards Division, Internal Affairs

SUBJECT: NOTIFICATION OF ADMINISTRATIVE INVESTIGATIONThe purpose of this memorandum is to notify you that an administrative investigation is beingconducted to determine if your actions in the allegations outlined below constituted a violation ofDepartmental Regulations. Attached to this memorandum is a statement CPS-POL-118-670)which explains your rights and responsibilities relative to the administrative investigation.On September 3,2010, you provided a memorandum to Assistant City Manager Speedling inregards to appealing your discipline that had been imposed. Within the memorandum, youdisclosed personal medical information about Officer D.A. Pinson. This information has beendisclosed to the Yes Weekly,which published it to the conununity on September 3, 2010 and onSeptember 10,2010.An investigation has been initiated to determine if your actions violated Departmental Directive1.5.2: Conduct Towards Public and Employees.Upon completion of this administrative investigation, you will be notified of the findings.

A~?_Al~Alan McHenry, SergeantGreensboro Police DepartmentProfessional Standards DivisionInternal Affairs


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