rashad young admits in writing that greensboro assistant chief holder's actions (violation of...

8/6/2019 Rashad Young admits in writing that Greensboro Assistant Chief Holder's actions (violation of law) were inappropriate

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Sincerely,

< J

Charles CherryOctober 28, 2010

My investigation did not reveal that Chief Holder threatened your job. She did advise you of thepotential consequences if you failed to cooperate with the referral for psychological assessment.

In the second instance, Chief Holder gave her opinion that if the investigations of you revealedviolations of departmental directives then your employment could be in jeopardy. I concur withyou that it was not appropriate for Chief Holder to have recommended or suggested that youpursue a medical retirement. However, the evidence did not suggest that her motives werediscriminatory or retaliatory. In any case, I am directing the Human Resources Department totake steps to remind all supervisors of the City's procedures under our Separation for Disabilityand Reasonable Accommodation policies.

This reply concludes my review of this matter entirely. You have no additional appeals availableregarding this issue.

RMY/mm

cc: Personnel File



City Manager, Mr. Rashad Young300 W. Washington Street

Greensboro, North Carolina 27401

R£Cf~IVEDN O V 0 6 2 0 1 0

C i~M an a g e r 's O

November 5, 2010

Reference: Complaint of Discrimination, Retaliation, Harassment and Unfair Treatment ofCitizen by City Manager Rashad Young (Rashad Young's Response To June 22, 2010Complaint Document) and Chief of Police Ken Miller (At Trotter Recreation Center CommunityMeeting)

Dear Mr. Young:

On November 4, 2010, I received your response document to me with a reference (subject) of"Employee Complaint Concerning Alleged Threats of Termination." Your document is dated

November 2, 2010. Mr. Young you have been discriminatory, retaliatory, unfair and harassing inyour treatment of me, regarding the November 2,2010 document in that:

• I was terminated by you on October 28,2010. You constructed the response document, tomy complaint, five (5) days after you had already rejected my appeal and terminated me.

• I made the said complaints 011 or about June 22, 2010, as an employee of the City ofGreensboro. You did not respond to my complaint while I was an employee of the City ofGreensboro. You didn't respond until I became a citizen (unaffiliated with the City byemployment).

• You responded to my complaint four (4) months after I made the complaint.• You concurred with the fact that it was improper for Assistant Chief Holder to have

recommended that I take a medical retirement. This allegation was part of my appeal,which was based upon many facts, to include Assistant Chief Holder's ability to be fair tome, being questioned, because Assistant Chief Holder was implicated in my grievancesand complaints. You could not have considered Assistant Chief Holder's violation,because your investigation was not concluded until after I was terminated.

• You did not indicate that any corrective action was taken as it relates to Assistant ChiefHolder. Thus, Assistant Chief Holder was not held accountable for her actions.

I will write your response letter to my complaint (in italics), and I will respond in normal print.Your response letter (in italics) and my responses to your letter are as follows:

Dear Mr. Cherry, I write to address your employee complaint dated June 22, 2010. You allegedAssistant Chief Holder threatened your employment for discriminatory and retaliatory reasons.In particular, you claim that Chief Holder threatened you with termination if you did not releasecertain medical records to Dr. Cuttler.

Directive 8. 2. 4provides inpertinent part:During evaluation and subsequent treatment, if deemed necessary, the employee will truthfullyanswer all questions directed to him and provide complete information and documents deemed



• Assistant Chief Holder knew or should have known that I had no disability and had notbeen diagnosed with a disability, at the time she solicited me to take a medical retirement.

• Assistant Chief Holder is not a medical professional.• Assistant Chief Holder knew that I would have to provide false, fraudulent information to

the North Carolina State Retirement System to apply for and receive a medicalretirement, and payments.

necessaJ'Y bv the Department psvcltologist or any outside consultant to whom the member isreferred.

My investigation revealed that Chief Holder reminded you of your responsibility to providecomplete information and documents that are deemed necessary by the psychologist. Indeed,

your failure to cooperate with a referral for psychological assessment could have subjected youto corrective action, up to and including dismissal from employment. It is entirely appropriatefor a supervisor to advise a subordinate of the potential consequences of their behavior. CharlesCherry's Response: Without regurgitating my entire complaint and grievance, to include theconspiring of Assistant Chiefs Crotts and Holder and Dr. Cuttler, it is a fact that I did 110tprovidemy personal medical records to Dr. Cuttler. These records were deemed necessary by Dr. Cuttler.After Dr. Cuttler began to unethically assess me and was exposed, I was referred to a secondpsychologist. If I didn't provide the records to Dr. Cuttler and Assistant Chief Holder was only"reminding" me of my responsibility, then why was I not investigated for refusing to provide therecords?

Next, you allege that Chief Holder said that "you are not going to be here long." Myinvestigation revealed that Chief Holder did not threaten your employment. Rather, she opinedthat if the administrative charges against you were sustained then your employment may well bein jeopardy. Charles Cherry's Response: Mr. Young, when Assistant Chief Holder made thestatement "Charles, let's face it, you are not going to be here long," there were not any pendingadministrative charges against me. I was not even interviewed by Professional Standards untilJune 24, 2010. Assistant Chief Holder made the statement on June 21, 2010.

You claim that she also suggested that you pursue a medical retirement. It is not the City's policyor practice to encourage an employee to retire for medical reasons. It is the City's policy tofirstprovide a reasonable accommodation, if possible, so that an employee with a disability may

remain employed. 1 have directed the Human Resources Department to take appropriate steps toremind all supervisors of the City's obligations under our Separation for Disability andReasonable Accommodations policies. If an accommodation is not possible then a medicalretirement may be appropriate. Chief Holder is not a medical professional; and therefore, sheshould not have recommended or suggested that you pursue a medical retirement. 1 do believethat her reasons for doing so were not discriminatory or retaliatory. Charles Cherry's Response:Mr. Young, not only were her actions discriminatory, retaliatory, unfair, intimidating andharassing, they were also criminal. Assistant Chief Holder was in violation of North CarolinaLaw, Solicitation to commit a felony or misdemeanor. The felony or misdemeanor wasObtaining property (medical retirement benefits and payment) by false pretense. Assistant ChiefHolder committed this act by doing the following:



End of City Manager Rashad Young's November 2, 2010 response document and CharlesCherry's responses.

My investigation did not reveal that Chief Holder threatened your job. She did advise you of thepotential consequences if yo ufailed to cooperate with the referral for psychological assessment.

In the second instance, Chief Holder gave her opinion that if the investigations of you revealedviolations of departmental directives then your employment could be in jeopardy. Charles

Cherry's Response: Mr. Young, when Assistant Chief Holder made the statement "Charles, let'sface it, you are not going to be here long," there were not allY pending administrative chargesagainst me. I was not interviewed by Professional Standards until June 24, 2010. Assistant ChiefHolder made the statement on June 21, 2010.

I concur with you that it was not appropriate for Chief Holder to have recommended orsuggested that you pursue a medical retirement. However, the evidence did not suggest that hermotives were discriminatory or retaliatory. In any case, I am directing the Human ResourcesDepartment to take steps to remind all supervisors of the City's procedures under our Separationfor Disability and Reasonable Accommodation policies. Charles Cherry's Response: Yourconcurrence with me is acknowledgment that Assistant Chief Holder violated the law. Mr.

Young, you have exceeded your scope of authority. You cannot investigate the criminalallegations against Assistant Chief Holder, as you are not a law enforcement officer. TheGreensboro Police Department's Criminal Investigative Division would have to conduct thatinvestigation. I am of the opinion that the District Attorney's office would prosecute, because thealleged violation was carried out with malice. Please note that Attorney Thomas Loflin faxed aletter to Former Chief Bellamy and Assistant Chief Holder on June 22, 2010, reporting AssistantChief Holder's violation of North Carolina Law. In addition, Assistant Chief Holderacknowledged receipt of the letter, by the City of Greensboro.

This reply concludes my review of this matter entirely. You have no additional appeals availableregarding this issue. Charles Cherry's Response: Mr. Young, why would I contemplate an

appeal, when you terminated me prior to investigating my complaint?

On November 4, 2010, at 6:30pm, I attended a community forum at the Trotter RecreationCenter, located at 3906 Betula Street. At approximately 8:15pm, Chief of Police Ken Millercompleted his speech to the community and opened the floor for questions and comments. Ireported to Chief Miller that his Assistant Chief Dwight K. Crotts, was on YOUTUBE violatingNorth Carolina Personnel Privacy Law.

Police Chief Ken Miller refused to take my complaint, investigate my complaint, allow me to askany further questions, 01' elaborate on my original question/reported violation. I even offered topull the audio recordings up on computer as there was internet and computer access at themeeting. Police Chief Ken Miller discriminated, retaliated, intimidated and treated meunfairly by not taking my allegation of misconduct against Assistant Chief Crotts. Police ChiefKen Miller is also in violation of Greensboro Police Department Directive 1.5.12 DutyResponsibilities, which states, "Employees shall perform all duties as required by law andcompetent authority, regardless of their specific assignment or job description. They shall



• Chief Miller will continue to mistreat me and deny me my rights as a citizen until Ilitigate. What if I don't choose to litigate?

• Violations of laws, rules, regulations and policies must be addressed, regardless of the

fact that the reporting party also has an option to litigate with the City.• Chief Miller conducted himself in this discriminatory, rude manner not only in front of

citizens, but also in front of his subordinate command staff. These subordinate commandstaff members, can now mimic their leader's actions, without fear of reprisal. Thisattitude will soon permeate our entire police department.

• The community and GPD Command Staff witnessed their leader dismiss allegations ofmisconduct.

• I have a legitimate concern that my family or I may be subjected to future mistreatment ifI simply exercise my right as a citizen to attend community meetings and ask questions.

• Chief Ken Miller threatened to ask me to leave the meeting, simply because I posedquestions that alleged violations of law, policy and rules by his staff. This is clear

retaliation, and an abuse of power, which will permeate our agency. What sense of fairtreatment does any citizen have against unbridled police authority?

perform their duties in such a manner as to effectively carry out the functions and objectives ofthe Department. Employees assigned to specialized duties are not relieved of the responsibilityof talring prompt action in the matter of any violation of law or rules of the Departmentcoming to their attention, unless specifically authorized by competent authority, directive, orprocedure."

Police Chief Ken Miller was further discriminatory; retaliatory and intimidating when heinformed the meeting attendees who I was, after I asked a question. I informed Chief Miller thatthe fact that I was a former GPD employee was irrelevant. Chief Miller continued to use the factthat I recently worked for the police department as a tool to incite the citizens against me, andnot allow me the right to ask questions and utilize police resources (namely himself). Chief KenMiller's strategy to garner support of his discriminatory, retaliatory treatment of me was evidentas one (1) citizen told me to be quiet. Others applauded Chief Ken Miller's actions. Chief KenMiller did not identify who any of the other citizens were that asked questions. Chief Millersimply answered their questions. Only I was subjected to this treatment. Chief Ken Miller wenton to state that he would answer further questions unless they were posed by Charles Che11'Y.In

the event that I posed a question, the Chief expressed that he would not answer.

Chief Ken Miller subjected me to similar discriminatory treatment at a community meeting onOctober 28, 2010. I have already reported this incident to you.

Chief Miller suggested that I needed to litigate. This is especially intimidating and discriminatoryin that:

Assistant Chief Crotts, in the four (4) minute audio, appears to be clearly violating NorthCarolina General Statute 160A~168 Personnel Privacy, subsection (c2) (e) which states, initalics, "A public official or employee who knowingly, willfully, and with malice permits anyperson to have access to information contained in a personnel file, except as is permitted by this



section, is guilty of a Class 3 misdemeanor and upon conviction shall only be fined an amountnot more than five hundred (500) dollars. JJ

. (

Two (2) audio recordings of Assistant ChiefD.K. Crotts were placed on the YOUTUBE website.These recordings can also be located on the Beloved Community Center website,

www.belovedcommunitycenteLorg. One (1) only needs to place DK Crotts in the search bar.One (1) of the recordings is slightly over four (4) minutes and the other is slightly over five (5)minutes. These recordings are related to an investigation regarding Greensboro Police OfficerRobert Reyes.

It should also be noted that Police Chief Ken Miller was rude to Reverend Randall Keeney of theSaint Barnabas Episcopal Church. Chief Miller loudly scolded Reverend Keeney simply becauseReverend Keeney asked Chief Miller a question, in which it appeared Chief Miller did notparticularly like. Chief Miller stated that he had met with Reverend Keeney on a previousoccasion for two (2) hours and that Reverend Keeney expressed pleasure with the direction thedepartment was headed. Then Chief Miller scolded Reverend Keeney for "challenging him

(Miller) at a community meeting." The Chief also made reference to it being "his (the Chiefs)forum." Please inform the Chief that he is a public servant and expected to treat all members ofthe community with fairness, dignity, respect and consistency. In addition, the forum was thecommunity's, not the Chiefs.

Mayor Bill Knight, Assistant City Manager Mr. Michael Speedling, and City Council MemberTrudy Wade were present and witnessed the violations by Chief of Police Ken Miller. Localmedia was present and recorded the events as well as the Beloved Community Center located at417 Arlington Street.

Mr. Young, our police leader, Chief Ken Miller has four (4) allegations of discrimination, etc.

against him, one (1) allegation of violation of GPD Directive 1.5.12 Duty Responsibility andthree (3) allegations of violation of GPD Directive 1.5.2 Conduct Towards the Public andEmployees against him. These complaints were made by three (3) different individuals.

Your prompt attention, to include investigation and accountability regarding my allegations isgreatly appreciated.

J " J pf. -i.:Charles E. Ch~n:yv(~i&zen)

http://www.belovedcommunitycentelorg./

http://www.belovedcommunitycentelorg./

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