THOMAS- October 8,2010 Complaint of continued Discrimination,Harassment,Intimidation/1 attachment

8/6/2019 THOMAS- October 8,2010 Complaint of continued Discrimination,Harassment,Intimidation/1 attachment

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O l ~T l).? 7 . 0 1 0",. ~_, ?JPolice DepartmentCity of Greensboro

October 8, 2010

TO: City Manager, Rashad YoungFROM: Senior Police Officer, D.V. Thomas, Support Bureau, Operational Support

Division, Legal SupportSUBJECT: Complaint Of Continued Discrimination, Harassment,

Intimidation, Retaliation, Unfair Treatment To Include NoResponse From City Manager Mr. Rashad Young Relating ToSeptember 13,2010 Complaint/Appeal And MeetingsWith Lieutenant G.A. Hunt And Sergeant n.J. Davis,Resulting In A Continued Hostile Work Environment

Mr. Young, on September 13,2010, Iubmitted a document to you entitled "Complaint/Appealof Discrimination, Retaliation, Intimidation, Harassment, Unfair Treatment, Hostile WorkEnvironment to Include Improper Actions by Assistant City Manager Michael Speedling,Unwarranted Disciplinary Action. by Assistant Chief D.K. Crotts, and Failure to InvestigateAllegations of Discrimination, Retaliation, Intimidation, and Harassment by Lieutenant G.A.Hunt. "This document addressed complaints of the aforementioned subject matter that made allegationsagainst the following, but not all inclusive City Staff: Assistant City Manager MichaelSpeedling, Assistant Chief D.K. Crotts, Assistant Chief Anita Holder, Lieutenant G.A. Hunt andSergeant Dfl!fin).?~yi~.AI_~~g~gh ._~rg~~!l:~p~vis is not specifically named, his actions .ar~ ..

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with discipline (as it related to my appeal). This is prior to any investigation being conducted, asit relates to my allegations. How can Lieutenant Hunt state that they were done with disciplinewhen part of my allegations of unfair discipline can only be resolved through a thoroughinvestigation? How can Lieutenant Hunt address my complaint/appeal, when the document hasallegations against Lieutenant Hunt and Lieutenant Hunt does not have the authority to addressmy complaint/appeal (Lieutenant Hunt cannot investigate Mr. Speedling in this' case nor canLieutenant Hunt intervene in my being assessed suspension without pay)?Lieutenant Hunt asked me who wrote my September 13,2010 document. My name is signed onthe document, and as long as the contents are truthful to the best of my knowledge, who wrotethe document is irrelevant. I am requesting that my allegations be addressed.Lieutenant Hunt also mentioned litigation; I am concerned with fair and equitable treatment toinclude accountability of those responsible for any unfair treatment towards me. However, I dounderstand that litigation is an option should I choose such, after utilizing City andDepartmental Processes. Until I receive a written response from you, Mr. Young, I will havenot utilized all City and Departmental Processes afforded to me. In August of 2010; I was

.. i i1 f6 imea--bya respected legal advisor, and a currently employed police captain that even if 1hadcommitted all the alleged (the allegations are actually untrue) violations against me, that it stillwould not have risen to the level of termination. The legal advisor informed me theadministrative investigations that Sergeant Jonathan Heard had completed on me were not doneproperly as it related to pertinent interviews of me and witnesses. I was informed that there werepolicy violations concerning Sergeant Heard's investigations. I was suspended without pay andrecommended for termination based on these same investigations. When I returned to work Ireceived two (2) Departmental Reprimands based on Sergeant Heard's investigations. I receivedother disciplinary actions based on Sergeant Heard's investigations.In addition, the same currently employed police captain informed me that then Interim ChiefCrotts desired to give me a Departmental Reprimand. According to the currently employedpolice captain, Assistant Chief Anita Holder circumvented Interim Chief Crotts and solicitedAssistant City Manager Michael Speedling's approval to recommend my termination .

. On September 3,2010, .whileLwasconversingwithMs. Sheila Santor in Professional Standards.(lritertiaiAffal(s) , Assistanf C h i e f K o g e r s requested .that 1 step out in to ' the hallw a y : . . .AssistantChief Rogers informed me, that he was my friend. On or about September 21, 2010, AssistantChief Rogers stopped me in the Melvin Municipal Building, outside the Criminal InvestigationsDivision. Assistant Chief Rogers stated, "I just wanted you to know that the same thing thathappened to you, happened to me." Firstly, this statement clearly acknowledges unfair treatmentof me as assessed by Assistant Chief Rogers. Secondly, Assistant Chief Rogers took correctiveaction?Mr. Young; just based on the information in this document, why would I choose to pursuelitigation, at this point, without allowing you the opportunity to correct improper actions of CityEmployees?


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On October 5, 2010, Sergeant 0.1. Davis summoned me to his office. From my understanding,after speaking with Sergeant Davis, he was tasked to investigate my September 13, 2010appeal/complaint, which was addressed to you on September 13, 2010. How can Sergeant Davisbe directed to complete an investigation of a complaint/appeal, when he too has treated meunfairly. Please explain how Sergeant Davis has the authority to investigate the actions ofAssistant City Manager Michael Speedling, or address the suspension without pay and otherdiscipline imposed on me?

Also be aware of the following as it relates to Sergeant OJ. Davis:

While I was suspended without pay, Sergeant OJ, Davis contacted me by telephone andwhen we spoke he informed me that he knew that I had been mistreated, On or aboutAugust 4, 2010, SergearitDavis also informed me, in theparking lot at the PoliceSubstation on South Elm Eugene Street, that he knew that I had been mistreated and thathe knew I felt as though he was involved, Sergeant Davis has informed me in the pastthat he Sergeant Heard has personal feelings against me, ,

Sergeant Davis, after becoming aware that Sergeant Heard was investigating me,regarding a report that Sergeant Heard approved, stated (Sergeant Davis) that theinvestigation was "bullsh*t." Sergeant Davis served an administrative rights notice on meconcerning the aforementioned approved report after he made the negative comment.Sergeant Daivs found humor in Sergeant Heard's desire to investigate me after he hadapproved the report. Sergeant Davis has provided me with a draft copy of the report(dated 1/27/2010) printed by Sergeant Heard.

Sergeant Davis should be able to relate to unfair treatment by Lieutenant Hunt. SergeantDavis informed me that Lieutenant Hunt treated him (Sergeant Davis) unfairly, whenLieutenant rated Sergeant Davis a Level three (3) when Sergeant Davis felt he should berated a Level four (4).

bri'OctObei5;~dl0,'Sergeari'tba.vfssubmitted'to 'me a documententitled"O.!flcer D. V1homas~Thirty Day Evaluation. " In this document in the third paragraph, Sergeant Davis states in thethird paragraph, 'There have been no issues as of 10/5/10 with Officer Thomas' workperformance in Legal Support (Warrant Squad), "In the same document constructed by Sergeant Davis in the fourth paragraph, Sergeant Daviswrites, in the fourth paragraph (in italics): However on 9/8/10 I met with Officer Thomas in myoffice to briefly discuss what was expected of her. I explained to Officer Thomas that I expect herto remain professional and courteous at all times she deals with the general public and her co-workers, she should adhere to all Departmental Directives, Special Orders and StandardOperating Procedures at all times, During the meeting 1had asked Officer Thomas' if she wantedto have a seat, she refused: Officer Thomas' Response: Sergeant Davis offered me a seat in hisoffice, I informed Sergeant Davis that I was fine. Itwas merely a choice to stand rather than to


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sit. Sergeant Davis writes "During our conversation 1 observed Officer Thomas standing withher arms folded across her upper torso with what appeared to me as a look of frustration ordiscuss on her face. J asked Officer Thomas why she was looking at me like she wanted to bitemy head off." Officer Thomas' Response: Mr. Young, this is clear harassment, documented bySergeant Davis. Furthermore what is the standard for how an employee can stand, and what theirperceived facial expressions display to the opinionated supervisor? Why would any policesergeant whose behavior should be exemplary, make this type o f comment to a subordinate andeven worse take the time to write it down (formally)? What does Sergeant DJ, Davis'perception of my facial expression have to do with my performance? How does an employeelook when they want to "bite your head off?" Mr. Young Ihave observed several police officersstanding with their arms folded across their upper torso. Please help me explain how holding meto a standard which dictates documenting my perceived facial expression in an evaluativedocument is not harassing, retaliating, intimidating, unfair and discriminating, Ibelieve thatSergeant Davis is clearly engaging in provocation to elicit a negative reaction from me. This isindicati ve of the discriminatory, harassing, retaliating, intimidating, and unfair evaluative ratingsSergeant Jonathan Heard gave me, when rating his (Sergeant Heard's) perception of myp~ts.911~lity~Sergeant Davis appears to be attempting to lay the groundwork for negativeevaluative remarks and ratings in the future, which could result in disciplinary action against meto include termination. Officer Thomas misinterpreted this statement as what she felt could beharassment, 1explained to Officer Thomas that as a supervisor 1had an obligation to recognizeand take corrective measures when 1observed any type of behavior that may be unusual, Officer'Thomas' Response: Please have Sergeant Davis explain why and how I misinterpreted thestatement as being harassment, to include what about my facial expression led Sergeant Davis toconclude that I had a desire or the ability to bite his head off. Not only is the statement harassing,intimidating, retaliating unfair and discriminatory, it is also clearly unprofessional. How can Imisinterpret Sergeant Davis' clearly verbalized and written unprofessionalism? Sergeant Davisstated that he had an obligation to recognize and take corrective measures when he observed anytype of behavior that may be unusual. I contend that Sergeant Davis also has an obligation todemonstrate exemplary behaviors. Sergeant Davis further writes "I assured Officer Thomas thatshe would be treated fairly,' she would not be expected to perform any more or less than theother members of the Warrant Squad. JJ Officer Thomas' Response: If I were not experiencingretaliation, discrimination, harassment, intimidation and unfair treatment, then why did SergeantDavis feel the need to assure me that-Iwould not be mistreated?

Mr. Young, both Lieutenant Hunt and Sergeant Davis recorded conversations with me as itrelated to my complaint/appeal to you. I asked Sergeant Davis was he going to record anyoneelse besides me and Sergeant Davis informed me that he was not. In have no desire to discussany complaint with any employee that is named or casually mentioned in the document. Iquestion whether Lieutenant Hunt or Sergeant Davis have the authority to investigate my writtencomplaint/appeal, based on the type of allegations and requests within the document, and the factthat this would mean that they would be investigating themselves. These and other documentedactions taken against me continue to place me in a hostile work environment. Please do not allowany other city employee to attempt to misrepresent and twist my words, not address myallegations and attempt to terminate me to avoid holding individuals accountable for theiractions. This appears to have been the case with several employees that were recently terminated.


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Mr. Young on October 8, 2010, Sergeant Davis contacted me telephonically and requested that Ireport to his office at either 1530 or 1600 hours to discuss the Septl3, 2010 appeal/complaintthat I addressed to you. I have no desire to discuss the appeal/complaint with Sergeant Davis andI made this clear to Sergeant Davis. He responded to me "report to my office, I gave you anorder." I have no desire to be intimidated or harassed any further by anyone. I request allharassment, discrimination, unfair treatment cease, immediately. I request to be removed fromthe Professional Standards and/or Employee Improvement Program immediately. I request to bereturned to m y School Resource Officer position.Mr. Young, I look forward to your written response to this and my September 13, 2010document, and your holding identified violators responsible, for their actions. Because October6, 2010 is twenty three (23) days without a response, I request that you respond as soon aspossible, and please notify me in written form of when I can expect a response. I request all fairand or accurate due process that I should be afforded.This information is being provided to the best of my knowledge and ability.Thank you in advance for all of your assistance.

~D\j .)t'~~'."".'L~2D.V. Thomas, Senior Pohce OfficerGreensboro Police DepartmentSupport Bureau, Operational Support DivisionAttachment # 1: October 1, 2010 memo from Sergeant Davis to Officer Thomas regardingOfficer Thomas' Thirty Day Evaluation


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Greensboro Police DepartmentCity of Greensboro

October I. 20 10

TO; Commanding Officer, Operational Support DivisionFROM: Sergeant DJ. Davis, Operational Support Division, Legal Process SectionSUBJECT: Officer. D.V. Thomas- Thirty day evaluationDuring this thirty day evaluation period Officer Thomas has arrived for work each day on timeOfficer Thomas continiiestolearn the different aspects of Legal Support, she h as Wo rk ed in th eoffice with minimal problems and she continues to work the jail assignment and theapprehension team while working with other squad members.Officer Thomas has not received any complaints or any discipline during this thirty dayevaluation period.There have beennoissues as of 10/5 /10 with Officer Thomas' work performance in LegalSupport (W arran t-Squad ). . "However on 9/811 0 I met with Officer"Thomas in m y office to briefly discuss what was expectedof her .Ixplained to Officer Thomas that Ixpect her to remain professional and courteous at alltimes a s she deals w ith th e general public and her co- workers, she should adhere to" allDepartmental Directives, Special Orders and Standard Operating Procedures at all times. Duringthe meeting Ihad asked Officer Thomas if she wanted to have a seat, she refused. During ourcQnYersatiQnIQbsefYeQQffl_GerThQmast~l1ging with her anus folded across her upper torsowithwhac-appearedt6h1easaiooKoffrtisttatioh or"discuss on her Iace. IU: 'Keu Om0cfThoi l i< : tS ,why was she looking at me like she wanted to bite my head off. Officer Thomas misinterpretedthis statement as what she felt could be harassment. Ixplained to Officer Thomas that as aSupervisor Iad an obligation to recognize and take corrective measures when.I observed anytype of behavior that may be unusual.

Issured Officer Thomas that she would be treated fairly; she would not be expected to performany more or less than the other members of the Warrant Squad.DUring91this hirty DaY :30) period Officer Thomas has performed at a tc~el III.S . J . . . . ,fj").'> .DJObavis; ergeant "Operational Support DivisionLegal Process Section

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

THOMAS- October 8,2010 Complaint of continued Discrimination,Harassment,Intimidation/1 attachment

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