CARO NORTH CAROLINA

POLICE BENEVOLENT ASSOCIATION

) A Division of Southern States Police BenevolentAssociation
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(770) 389-s39 r . (800) 233-3s06
Fax (770) 389-4572. (866) 337-7772
September 13,2019 www.sspba.org

The Honorable Todd Williams

Buncombe County District Attorney
PO Box 7158
Asheville, N.C. 28802
Via Fax to (828) 259-3411

Re: Request for Investigation and prosecution of acts of public corruption

Dear Mr. Williams:

The North Carolina Police Benevolent Association, a division of the Southern State Police
Benevolent Association (PBA), is the largest association of law enforcement officers in North
Carolina. PBA has been representing the interests of our law enforcement members in Asheville
since 1986.

We are writing on behalf of our Association seeking an investigation and prosecution for a course
of public corruption actions that has been harmful to public safety, the law enforcement community
and our membership.

As you may have heard, Chief Chris Bailey of the Asheville Police Department decided to resign
his employment. We perceive that the Chief may have been subjected to inappropriate pressures
in connection with a municipal consent search policy that would violate the statutory and
constitutional rights of Asheville law enforcement officers and their safety. Those pressures
appear to have instigated a subsequent course of improper actions.

PBA does not represent the Chief and thus, this communication is not on his behalf but, rather on
behalf of our membership who has been harmed by the misconduct at issue.

Following the Chiefs resignation, someone has leaked confidential information from his
personnel file to the media, which is protected by North Carolina law. That leaking of protected
information has damaged the Department and its ability to effectively function. Police officers
must be free to perform their duties without fear of retaliatory personnel file information
disclosures.

While the Chief s grounds for leaving are his business, the unlawful leaking of his protected
confidential personnel information is serious governmental misconduct and a violation of at least
two provisions of North Carolina law. Those include N.C.G.S. 1604-168, which makes the
unlawful disclosure a misdemeanor. Second, this unlawful disclosure had to have come from a

The Voice of Law Enforcement Officers

The Honorable Todd Williams
Page2
September 13,2019

public official with access to the personnel files. The action also constitutes a criminal failure to
properly discharge the duties of office, in violation of N.C.G.S.14-230.

We are confident that Chief Bailey will cooperate in your inquiry.

Acts of public corruption are very damaging to the community and we respectfully urge you to
open an inquiry and investigation to address these matters.

Thank you.

Sincerely,

Y@
John C. Midgette
Executive Director
NC Police Benevolent Association

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cc Mayor Esther E. Manheimer, City of Asheville

Vice Mayor and Councilwoman Gwen Wisler, City of Asheville
Councilman Brian Haynes, City Council Member
Councilman Vijay Kapoor, City Council Member
Councilwoman Julie Mayfield, City Council Member
Councilwoman Sheneika Smith, City Council Member
Councilman Keith Young, City Council Member
Mr. Alan Escovitz, Civil Service Board Member
Ms. Carol Goins, Civil Service Board Member
Mr. Edward Hahn, Civil Service Board Member
Mr. Richard Devereaux, Civil Service Board Member
Mr. Carter B. Webb, Civil Service Board Member
Chief Chris Bailey