Police Department

City of Greensboro

August 16, 2010

TO: City Manager, Rashad Young

FROM: Captain C.E. Cherry, Commanding Officer, Patrol Bureau, Eastern Division

SUBJECT: Continued Discrimination, Retaliation, Harassment,

And Unfair Treatment, To Include Denial Of Earned
Compensation

On July 22, 2010, at approximately 9:45am, I met with Assistant Chief Anita Holder in Assistant
Chief Holder’s office. Assistant Chief Holder informed me that I was deemed officially fit for
duty as of July 20, 2010. Assistant Chief Holder then informed me that I was now officially on
administrative leave, with pay pending the outcome of current administrative investigations.

I requested a copy of the psychologist’s clearance letter deeming me fit for duty. Assistant Chief
Holder advised me that City Legal had advised that the Department is not compelled to give me
a copy of the letter. Assistant Chief Holder stated she would find out what compelled meant and
that if there was any way that I could receive a copy (of the letter) that she would suggest that
occur. Assistant Chief Holder advised that she would call me as soon as she received an answer.

I requested that Assistant Chief Holder provide me a departmental memo officially deeming me
fit for duty. Assistant Chief Holder created a memo, dated July 12, 2010. The memo in italics
stated:

In June 2010 you were referred for a fitness for duty evaluation. Your personal sick leave has
been deducted for that time period when you were not allowed to work pending the outcome of
that assessment. That assessment is complete and we have received notification that you have
been deemed fit for duty. Therefore, your personnel status is now changed. As of June 20, 2010
you were placed on administrative leave with pay, pending the outcome of current
administrative investigations. No further deductions of your sick leave will be taken until the
investigations are resolved.

End of Memo.

Please note the errors in the dates as it relates to Assistant Chief Holder’s memo (Memo is
an attachment).
Actually, Assistant Chief Holder’s memo should have stated “As of July 20, 2010, you were
placed on ……,” instead of “As of June 20, 2010, you were placed on…..” I understand and
1
acknowledge Assistant Chief Holder’s error, and the fact that she meant July 20, 2010 in the
memo.

On or about Friday, July 30, 2010, I received my paystub, for the pay period ending July 30,
2010. Assistant Chief Holder had opened my paystub. Assistant Chief Holder attached a sticky
note to my paystub which stated, “Charles, I apologize. I opened your check thinking that it was
mine. Anita.” It is my belief that Assistant Chief Holder opened my check stub to have a more
literal understanding of the economic impact on me as it related to suspension.

On August 4, 2010, at approximately 6:45pm, I spoke with Assistant Chief Holder by telephone.
Assistant Chief Holder requested that I appear in her office on August 5, 2010, at 8:00am.
Shortly after arrival to Chief Holder’s office, on Friday August 5, 2010, we proceeded to the
Professional Standards Division (Internal Affairs) and entered Captain Jane Allen’s office.
Captain Allen is the Commanding Officer of the Professional Standards Division (Internal
Affairs).

Assistant Chief Holder and Captain Allen proceeded to serve me with Personnel Order #2010-
59, signed by Interim Chief D.K. Crotts. Personnel Order #2010-59 had a subject of
“Suspension.” The official order, changing my status from Administrative Leave with Pay to
Suspension without pay stated, in its entirety (in italics), “Effective August 5, 2010, based on the
recommendation of termination of employment, your duty status is changed from administrative
leave to suspension from duty without pay.” End of Memo.

The memo was also dated August 5, 2010. On August 13, 2010, I went to the Greensboro City
Finance Department, Payroll Section, in the Melvin Municipal Building (MMOB). I spoke with
Ms. Allyson Ford. I paid my insurance premium to continue my family insurance coverage. I
then asked Ms. Ford if she had a partial paycheck stub for me. Ms. Ford informed me that she
did not have a partial check for me. Ms. Ford informed me that my final payment (prior to
suspension) was July 30, 2010. My intention was to pick up the partial check stub since I was
already in the payroll section, and it was payday. The partial paycheck would have been for
August 1, 2, 3, and 4. At a rate of approximately two hundred eighty eight dollars ($288.00) a
day, approximately one thousand one hundred fifty two dollars ($1,152.00) should have been
directly deposited into my checking account, excluding taxes, etc.

In addition, On July 30, 2010, I had accrued one thousand nine hundred and two and eight tenths
(1902.08) sick time hours, which is denoted on my July 30, 2010 paystub. As of August 13,
2010, my accrued sick hours were one thousand seven hundred and eighty six and eight tenths
(1786.08). My sick time was reduced by one hundred and sixteen (116) hours. This equates to
nine (9) hours a day for thirteen days, those days apparently being August 1, 2010 through
August 13, 2010.

Mr. Young, I was charged sick time for days I was on administrative leave with pay (and verified
by Assistant Chief Holder’s document, no sick time should have been taken), I was charged for
sick time on weekend days of August 1, 7, and 8th, 2010, and I was also charged sick time on
business work days although I was suspended without pay. Those days were August 5, 6, 9, 10,
11, 12, and 13th, 2010.

2
Mr. Young please complete the following:

• Compensate me immediately for the approximate one thousand one hundred fifty two
dollars ($1,152.00) I earned while on Administrative Leave with Pay on August 1, 2, 3,
and 4, 2010.
• Credit me with one hundred sixteen (116) hours of sick time.
• Send me a memo with my check stub notifying me of actions you have taken relating to
this matter.

Mr. Young, this situation is continued retaliation, discrimination, harassment, intimidation

and a hostile work environment. The following facts support my allegations:

• Police pay and time is authorized through the Resource Management Division.
• The Resource Management Division is Commanded by Assistant Chief Anita Holder and
Captain Brian Cheek.
• The same Assistant Chief Holder that threatened my employment, encouraged me to
attempt to defraud the North Carolina State Retirement System, banned me from Maple
Street for no reason, banned me from police facilities for no reason and conspired with
Interim Chief Dwight Crotts and City Psychologist Michael J. Cuttler to attempt to find
me unfit for duty and terminate my employment, and would not allow me to file a
legitimate complaint on Captain Brian Cheek.
• The same Brian Cheek that I complained on for cursing out his subordinate, then calling
the subordinate stupid and turning to me in the hallway, blocking by path and calling me
a jerk. The same Brian Cheek that was not held accountable for allowing an unauthorized
withholding of payment from Officer A.J. Blake in February of 2010.
• Curious about the impact of a suspension on me, Assistant Chief Holder opened my July
30, 2010 check stub and reviewed my stub.
• Assistant Chief Holder, as a continued act of retaliation, discrimination, unfair treatment
and hostile work environment, authorized monies to be withheld from me.

Mr. Young, although there is an abundance of information that has been relayed to you, I will
again highlight some points, made in previous documents, that support an urgent need for a
Department of Justice investigation of the City of Greensboro (focus on the Greensboro Police
Department Administration).

• First let me state, as I am sure you are aware, that Federal Law holds that an individual
can discriminate against an individual of the same race.
• Interim Chief D.K. Crotts, Assistant Chief Anita Holder and City Psychologist Michael J.
Cuttler embark on a diabolically sinister plot for Dr. Michael J. Cuttler to conduct a
psychological assessment of me, find me unfit for duty and terminate my employment.
Mr. Young, you have all the evidence to include Dr. Cuttler’s letter indicating Dr.
Cuttler’s withdrawal from assessing me. Mr. Young, knowing the impact this has on the
City, you conduct no investigation and continue to allow all three (3) individuals to
continue to serve in their roles. Mr. Young, contact Dr. Cuttler and confirm my

3
 allegation. His work address is Law Enforcement Services, Inc. 3409-A West Wendover
Avenue, Greensboro N.C. 27407, or 604 Green Valley Road, Suite #204, Greensboro,
N.C. 27408. The phone number is (336) 292-2981 and the fax number is (336) 299-0110.
You continue to allow Assistant Chiefs Crotts and Holder to impact our citizens and
city employees.
• The June 17, 2010 e-mail I authored, specifically reciting Interim Chief Crotts’ bogus
criteria for recommending me for a psychological evaluation, clearly shows that the
recommendation has no merit. This e-mail has anonymously been posted on several
websites. I have been informed that all City Council Members know of the e-mail and
have been given an opportunity to read the e-mail.
• Assistant City Manager Michael Speedling informed Officer Pryor that the results of
Officer Pryor’s investigation is due to “discrimination or incompetence” on the part of
Professional Standards (Internal Affairs). Mr. Speedling has just acknowledged that
Officer Pryor is a victim. Mr. Speedling does not correct the discrimination and or
incompetence. Instead, Mr. Speedling sends the investigation back to Professional
Standards (Internal Affairs) to re-victimize Officer Pryor, which Professional Standards
does. Now, Officer Pryor is a victim of the same discriminative, incompetent
investigative information and process a second time. Those tenured Professional
Standards Investigators (assigned regarding the investigation Mr. Speedling made his
assessment) and their investigations must be scrutinized. The investigators are
Commander Jane Allen, Sergeants M.N. Loy (we have a recording), A.T. Mc Henry,
Shon Barnes (we have a recording), Corporals M.J. Harris and Dave Stewart. Those
investigators (involved in the discrimination and or incompetence) must be held
accountable. Mr. Speedling is not held accountable for not taking corrective action. Mr.
Young, you continue to allow our Professional Standards Division (Internal Affairs)
to impact our citizens and city employees.
• Interim Chief Crotts had supervisory responsibility over individuals alleged to be
following, tracking, and/or “shadowing” officers. This activity was part of information
leading to litigation against the City, pertaining to the David Wray administration.
Interim Chief Crotts has condoned and encouraged (acknowledged by Interim Chief
Crotts’ and Sergeant A.J. Barwick’s own documentation) monitoring, following,
“shadowing” officers with non supervisory personnel. The non supervisory personnel
report back to the supervisor (in this case Barwick), and the information is used
detrimentally against the officer, without the Officer’s knowledge. Interim Chief Crotts
and his “supervisory philosophy” is a link between litigation filed against the David
Wray administration and present day on-going discrimination, retaliation, and hostile
work environment complaints. Mr. Young, you continue to allow Interim Chief Crotts
to not only be a member of GPD, but serve in a supervisory capacity.
• During the time I was undergoing a Fit For Duty Psychological Evaluation, I encountered
one (1) of your superiors (City Council Member) at a popular restaurant, in Greensboro.
The City Council member expressed concern regarding my Fit For Duty Status. I began
to tell the City Council member of the discriminatory, retaliatory, harassing and unfair
treatment experienced by myself and other officers. The Council Member stated, “You
know I can’t hear that. Don’t tell me that. With a smile on their face, the City Council
member stated, “I know you and the officers are going to file a lawsuit, right?”

4
 • When informed of the corruption a different City Council Member asked a local, well
renowned Pastor, what do you want us to do, fire twenty two (22) people? The Pastor
responded, no. Once a Department of Justice Investigation begins, the corrupt ones will
leave.
• A third Council Member in a meeting admitted that they believed corruption existed in
the Greensboro Police Department as well as other places. This Council Member
expressed that they believed two (2) members would support a Department of Justice
investigation. This member also expressed that since Tim Bellamy resigned as Chief, his
relative on the council may be more inclined to support an outside investigation.

Mr. Young, what if the Department of Justice were to investigate the City of Greensboro Police
Department without you summoning them? You must remember that the power of government
is from the people (community), not the person (City Manager). Swiftly, fairly and consistently
dealing with corrupted employees appears to be a better alternative than allowing citizens and
employees to be mistreated and continuously risking taxpayer’s money to settle lawsuits.

Mr. Young, please intervene and have the allegations of corruption within the Greensboro
Police Department Administration investigated. I again humbly make the following adjusted
plea:

• Halt all investigations, etc. relating to the grievances/complaints.

• Contact the Department of Justice and request an investigative team to investigate the
City of Greensboro, with the primary focus being the Police Department. Turn over all
relevant materials to the DOJ. Get an estimated time table relating to the investigation.
• Make a public statement, relating to the DOJ, when the investigation will begin and
anticipated length. Commit to a two week update relating to the investigation.
• Make any internal adjustments to ensure the best possible city services during this
challenging time. Think outside the box. This may even involve a temporary operational
merger with other Law Enforcement Agencies (example Sheriff’s Department).
• Once the investigation is concluded, make swift, fair, consistent, compassionate decisions
as it relates to personnel. That can range from counseling to termination. This will be
tough, but make it about right and wrong which will umbrella all other relevant factors.
• Admit any mistakes made to include even if you made any.
• Make any public apologies warranted.
• Understand that your continued failure to act may have implicated you to a point of no
return.
• LEAD OUR CITY if possible, in not, LEAVE OUR CITY, with dignity and respect, after
doing the right thing. Mr. Young, to lead our city you have to change hats. You are
attempting to be City Manager, and “manage a lie.” You must put on your leader hat and
lead the City out of this crisis.

Charles E. Cherry, Captain

Greensboro Police Department

5
Patrol Bureau, Eastern Division

Attachment#1: Memo from Assistant Chief Holder dated July 12, 2010, acknowledging no
further sick leave deductions from my accrued time.
Attachment #2: August 5, 2010 Personnel Order #2010-59 suspending Captain Cherry
Attachment #3: July 30, 2010 check stub with sticky note from Assistant Chief Holder
Attachment #4: July 30, 2010 check stub with sick time hours
Attachment #5: August 13, 2010 check stub with sick time hours