Police Department

City of Greensboro

November 18, 2010

TO: City Manager, Rashad Young (Through Channels)

FROM: Police Officer I, Robert Reyes, Patrol Bureau, Western Division, Squad B

SUBJECT: Complaint Of Retaliation, Discrimination, Harassment,

Intimidation And Hostile Work Environment By Chief
Of Police Ken Miller (Chief Miller’s Treatment Of Me Is
In Response To My October 25, 2010 Complaint On Chief
Miller For Discrimination, Retaliation, Intimidation,
Harassment And Hostile Work Environment) (This Is A
2nd Separate Complaint On Chief Miller, From the October
25, 2010, However The Same Subject Matter)

Greensboro Police Departmental Directive 1.5.25 Forwarding Correspondence states, “An

employee receiving a written communication from a subordinate directed to a higher command
shall endorse it, indicating approval, disapproval, or acknowledgement, and forward within a
reasonable period of time.” This document is addressed to City Manager Rashad Young, through
channels, which means it will be submitted through my chain of command to you, Mr. Young.

On October 25, 2010, I forwarded a complaint allegation of misconduct and violations of

Federal Law by the Chief of Police, Ken Miller. My allegations against Chief of Police Ken
Miller were chronicled within the body of the October 25, 2010, document. An evidentiary piece
relating to my allegations against Chief Miller is an October 13, 2010 memo from Chief Miller
to me entitled “Resubmission of September 23, 2010 Grievance Points.” To my knowledge, there
has been no investigation of my allegations against Chief of Police Ken Miller. This constitutes
discrimination.

On November 16, 2010, I was summoned to the Office of the Division of Professional Standards.
Sergeant Alan McHenry notified me both verbally and by memorandum that I was under
investigation because of the October 25, 2010 complaint document (advising you of Chief
Miller’s alleged violations of Federal Law) that I submitted to you through channels.

I will write Sergeant McHenry’s Notification of Administrative Investigation Document (in

italics), and my responses in normal print. Sergeant McHenry’s memo and my responses are as
follows:

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The purpose of this memorandum is to notify you that an administrative investigation is being
conducted to determine if your actions in the allegations outlined below constituted a violation
of Departmental Regulations. Attached to this memorandum is a statement (PS-POL-118-670)
which explains your rights and responsibilities relative to the administrative investigation.

On October 13, 2010, you were provided a memorandum from Chief of Police K.C. Miller
advising you that City Manager Rashad Young provided specific direction not to continue to
grieve issues he has already addressed with you. Chief Miller further advised that if this type of
behavior continued, he would order an administrative investigation. On October 25, 2010, you
forwarded a written document to the City Manager. An investigation has been initiated to
determine if this action violated Departmental Directive 1.4.5: Obedience To Orders. Upon
completion of the investigation, you will be notified of the findings. Officer Reyes’ Response:
Please note the following:

• My October 25, 2010 document, sent to you (Mr. Young) through channels was a
complaint allegation of violation of Federal Law, by the Chief of Police, Ken Miller. It
was not a grievance.
• On November 16, 2010, Sergeant McHenry presented a copy of my October 25, 2010
complaint document, addressed to you, for me to review. The document was signed by
Sergeant Holder only, indicating that it had not been submitted to you through channels,
in violation of Greensboro Police Departmental Directive 1.5.25 Forwarding of
Correspondence.
• You (Mr. Young) have never responded to an allegation from me against the Chief of
Police, because October 25, 2010 was the first time I have made allegations against Chief
Miller.
• I must notify the City Manager’s Office of allegations against the Chief, as your office is
the only governance within the City, for the Chief.
• Chief Miller’s ordering of my investigation for notifying his superior of an alleged
violation of Federal Law (by Chief Miller) is clear, undeniable retaliation, intimidation
and harassment.
• Greensboro Police Departmental Directive 1.5.6 Duty To Report Violations Of Laws,
Ordinances, Rules, And Directives states: Employees knowing of or suspecting other
employees of violating laws, ordinances, Departmental Rules, Directives, Special Orders,
or Standard Operating Procedures shall report it to their supervisor. If an employee
believes the information is of such a nature or gravity, official channels may be bypassed
and the information reported directly to the Chief of Police or Internal Affairs.
• Mr. Young, I was bound by directives to report the allegations against the Chief. I do
believe the allegations are of such a gravity that I needed to bypass the Chief, however,
the intimidation I have already experienced (please review my previous complaint
documents) persuaded me to send my complaint through normal channels.
• I was informed that Chief of Police Ken Miller has ten (10) allegations of discrimination
against him, with five (5) different complainants, in a two and a half (2 ½) month time
period. This allegation is apparently the eleventh.
• I was informed that there are two (2) uninvestigated allegations of arbitrary (racial)
profiling against Chief Miller, made by citizens. I am a Hispanic officer.

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 • Mr. Young, please order Chief Miller to halt the on-going investigation against me
regarding an allegation of Obedience To Orders. Also, please investigate my allegations
against Chief Miller. Some of my allegations against Chief Miller were made prior to
this current investigation on me.
• Chief Miller wants to terminate my employment because I have made legitimate
allegations against Chief Miller and his Command Staff, and I am a Hispanic officer.

End of Sergeant McHenry’s notification memo and my responses.

Chief Miller has been quoted as stating that he would not deal with personnel issues that were
completed prior to his tenure beginning on September 1, 2010. This has been stated on many
occasions by local media outlets. On November 10, 2010, at a community meeting, I was
informed that Chief Miller stated that he was made aware of a complaint by the Complaint
Review Committee. Chief Miller stated that he reviewed the complaint and changed the findings
from unfounded to exonerated, on behalf of the effected officer. It should be noted that:

• The complaint Chief Miller spoke about occurred on August 1, 2009.

• Changing a findings from unfounded to exonerated is a personnel decision.
• Chief Miller is untruthful when he states that he will not review personnel decisions
decided prior to his tenure beginning on September 1, 2010.
• Chief Miller made his decision to change the August 1, 2009 personnel decision, on
September 28, 2010, over a year after the initial incident.
• I had a personnel decision occur in August 30, 2010, however, Chief Miller would not
review the decision, although he began his tenure on September 1, 2010. Not only would
Chief Miller not review the decision, but he will not act on uninvestigated allegations, as
it relates to complaints I have made regarding the personnel decision.
• Chief Miller’s decision to change the personnel decision for the officer in the August
2009 investigation was discriminatory towards me. My decision was not reviewed by
Chief Miller because of retaliation for making complaints of discrimination and because I
am Hispanic.

Please investigate Chief Miller’s untruthfulness, as he is required to be truthful at all times,

whether under oath or not. Also investigate Chief Miller’s discrimination, retaliation and unfair
treatment of me, in comparison with the other officer’s personnel decision, that Chief Miller
reviewed and changed.

Thank you for your time consideration and effort.

Robert Reyes, Police Officer I

Greensboro Police Department
Patrol Bureau, Western Division, Squad B

Attachments:

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Attachment #1: November 16, 2010 Notification of Investigation From Sergeant McHenry to
Officer R.Reyes