citizen charles cherry files a conduct complaint on the greensboro chief of police ken miller

8/6/2019 Citizen Charles Cherry files a Conduct Complaint on the Greensboro Chief of Police Ken Miller

1/6

October 29,2010R E C E i V E D

O C T 2 9 2 0 1 0C i t y M a n a g e r ' s O f f i c e

Greensboro City Manager, Rashad Young300 W. Washington StreetGreensboro, North Carolina 27401Reference: Discrimination, Retaliation, Intimidation and Unfair Citizen Treatment by Chief ofPolice Ken MillerDear Mr. Young:On Thursday, October 28,2010, at approximately 7:00pm, I attended a community meeting. Thismeeting was held at 1900 West Market Street, at First Christian Church (Disciples of Christ).There were approximately thirty (30) individuals in attendance of which I was the only AfricanAmerican. All the remaining attendees appeared to be of Caucasian decent.Upon entering the building, Officer Kyle Pope was addressing the attendees. After Officer Popecompleted his presentation, Police Chief Ken Miller then came to the front of the room, andaddressed the group. Chief Miller informed the attendants that he would answer questions orallow comments as long as the group wanted, but once he finished, he would leave. I wasstanding, on the far left of the room, approximately twenty (20) feet from Chief Miller.Upon completion of his speech, Chief Miller asked if there were any questions. Approximatelyfour (4) Caucasian citizens asked questions for which Chief Miller patiently and politelyanswered. This process took approximately twelve (12) minutes.Towards the end of the last Caucasian citizen asking a question I raised my hand. Chief Millerwas looking at me shaking his head left to right. This gesture, American citizens recognize, asmeaning no. I took this to mean that Chief Miller was not going to allow me to ask a question ormake a comment. Chief Miller then bent down and whispered something to a woman that Ibelieve to be one (1) of the community leaders. After Chief Miller answered the last Caucasian'squestion, I said, with my hand raised, "Chief, I have a question." Chief Miller began to walkaway and stated, "Charles, I am not going to answer your questions at every community meeting.Charles, I am not going to answer your question. He is a former police commander." I stated,"Chief, I am a member of the community." Chief Miller continued to walk away and raised hisarm and gestured in a waving motion, with his hand. This gesture, American citizens recognizeas, I am not paying you any attention, and what you have to say is irrelevant. As Chief Millerwalked away, the citizens in attendance began to applaud Chief Miller and his discriminatoryactions.Chief Miller was walking towards the exit and I began to walk across the room towards the exit.A Caucasian male then stepped in front of me, and temporarily blocked my path. He then raisedhis hands slightly and stated, "This is not the forum." I then stated, "Yes sir, no problem,"walked around the individual and exited the building. Although, a community meeting is the


2/6

Police Chief Ken Miller denied me access to police resources, namely himself, andnullified my opportunity to be provided the same access as Caucasian citizens in the samemeeting.

Police Chief Ken Miller denied me the opportunity to report an allegation of misconduct. Police Chief Ken Miller was rude, discriminatory and cowardice when he walked awayand made an inappropriate hand gesture, preventing me from asking a question andreporting a violation.

The citizens in attendance followed Chief Miller's lead by applauding his improper,unprofessional behavior.

A citizen actually blocked by path and stated, "This is not the forum," following ChiefMiller's lead, but not realizing that the forum to make comments and ask questions is aright of any and all citizens. Chief Miller's actions are designed or could obviously result in altercations and racialtension within our community.

Chief Miller exhibited this discriminatory behavior in the presence of Captain WayneScott and Officer Kyle Pope. These officers may believe that Chief Miller's actions wereacceptable and thus imitate Chief Miller's actions.

Chief Ken Miller's actions and I believe words to a couple of the meeting leaders weredesigned to and did leave community members with a negative opinion of me. This wasexhibited by community members' in attendance behaviors (Your investigation shouldyield exactly what Chief Miller stated to attendees about me in private).

In a community meeting, during a lengthy speech to the community, at the Maple StreetSub-Station, Police Chief Ken Miller referred to criminal individuals as "players."Lieutenant G.M. Richey was in attendance, In the community meeting on October 28,2010, Police Chief Ken Miller referred to officers with allegations against, or beingterminated/suspended, at the Greensboro Police Department as players. Chief Miller alsoreferred to these officers as "players" in a recent article in the Greensboro News andRecord. Please find out from Chief Miller if the word "players" is a euphemism forcriminals, minorities or both.

forum for any and all citizens to ask questions and make comments to police officials, I believethe Caucasian male was acting in a manner perpetuated by Chief Miller's treatment of me,It should be noted that not only was I going to ask a question, but I wanted to report allegationsof misconduct by police employees to Chief Miller. This misconduct includes Assistant ChiefD,K. Crotts on YOUTUBE, allegedly violating North Carolina Personnel Privacy Law, inaddition to other violations. You only need to go to YOUTUBE and place DK Crotts in thesearch bar. The reality is, regardless of what I was going to ask, public servant Police Chief KenMiller must provide consistent and fair opportunities to do so for me and every other citizen.Please take appropriate investigative and corrective action relating to Chief Miller'sdiscrimination, retaliation, intimidation and unfair treatment of me. Chief Miller is also inviolation of Greensboro Police Departmental Directive 1.5.2 Conduct Towards the Public andEmployees. The following substantiates my allegations:


3/6

Sincerely,t ! A ~ { . ~ I /Charles E. Cherry (Cit' en)

Chief Miller is aware of a number of transgressions by Greensboro Police Officers,against minorities to include me. It is my belief that Chief Miller does not intend toaddress uninvestigated complaints against Caucasian officers made by minority officersand or citizens.

Mr. Young, I was informed that on October 25, 2010, a Greensboro Police Officer submitted adiscrimination complaint on Police Chief Ken Miller. It is my hope that you would investigateand appropriately correct Chief Miller's actions. Thank you for your assistance. You areappreciated.


4/6

November 1,2010

R E C E I V E DN O V 'O 1 2 0 1 0

C i ~ M a n a g e r ' s O f f i c eGreensboro City Manager, Rashad Young300 W. Washington StreetGreensboro, North Carolina 27401Reference: Discrimination, Retaliation, and Unfair Treatment of Citizen by City ManagerRashad YoungDear Mr. Young:Although, the discrimination and retaliation I am about to describe has been allegedly committedby you, I want to alert you to these improper actions so that you can correct yourself and preventnegatively effecting other city workers and citizens in the same manner.I am in receipt of your response to my employment termination appeal, dated October 28, 2010.Your decision to concur with Assistant Chief Crotts in my separation from the Greensboro PoliceDepartment, whether temporary or permanent, is understood.Although, there are several concerns with your response document, I will only focus on one. Thereasons I will focus on this particular item is for the following: This discriminatory, retaliatory portion of your response occurred after I was terminated.I was not receiving compensation or benefits from the City of Greensboro. Thus, I am notaccountable to you for my actions at the time of occurrence.

Exposure will hopefully ensure that others are not held to the same incredibly erredstandard you have set.

Mr. Young on page three (3) of your document, you write, in italics: Additionally on September7, 2010, you (Charles Cherry) authored a grievance on behalf of Officer Royal alleging that hecontinued to experience "discrimination, retaliation, harassment, unfair treatment and hostilework environment. " Officer Royal advised in a letter to Capt. Jane Allen on September 9 , 2010,that you had no permission from him whatsoever to submit that grievance on his behalfMoreover, Officer Royal stated that he did not even see the grievance or become aware of it untilit was shown to him after the fact. This is yet another example of your continued inability orunwillingness to behave in an appropriate or effective manner as a commander in the GPD .End of Excerpt From City Manager Rashad Young's Response Document To CharlesCherry:Mr. Young, please review the following, as it relates to your erred standard: I authored a complaint of misconduct on Officer Royal's behalf.


5/6

I authored this complaint on September 7, 2010, as a private citizen, defacto terminated.I was receiving no compensation or benefits from the City of Greensboro, at the time thecomplaint was submitted. Thus, I have no accountability of my actions to you.

Had I not authored this complaint, Officer Royal would have been terminated at therecommendation of the diabolically sinister Assistant Chief Dwight Crotts.

I did not need Officer Royal's permission to author a complaint on his behalf, nor did Iattempt to get his permission. I just made a command decision that any true leader wouldhave made. I only needed to know that Officer Royal 01' any other employee or citizenhad been unfairly treated.

Officer Royal is by all accounts a rookie officer. He was and probably still is intimidatedand ignorant of what was done to him regarding his recorded polygraph experience. I ama former commander with twenty three (23) years of experience. The discriminatory,retaliatory, intimidating unfair treatment of Officer Royal is clear to me.

Officer Royal was suspended without pay and recommended for termination by AssistantChief Dwight Crotts. Officer Royal's suspension was based on the discriminatorypolygraph. Police Chief Ken Miller reinstated Officer Royal without a DepartmentalGeneral Board of Inquiry Hearing and no discipline, after reviewing the polygraphrecording.

Police Chief Ken Miller would have the non affiliated police person believe that noviolations were committed in Officer Royal's polygraph process. In reality, there is noway you can go from a suspension and recommendation for termination to reinstatementwithout discipline 01' a hearing and nothing was wrong with the process.

In fact, Police Chief Ken Miller's treatment of Officer Royal (reinstatement without ahearing or discipline) caused Police Chief Ken Miller to discriminate against anotheremployee.

Officer Royal does not understand that the recording of his polygraph is a liability for allthose corrupted police authorities who took part in or condoned it, but took no correctiveaction. Officer Royal does not understand that Assistant Chief Crotts and Chief KenMiller know how damaging that recording could be to their careers.

Officer Royal does not understand that the complaint actually protects him to somedegree.

Greensboro Police Department Directive 7.1.1 Allegations of Employee Misconduct,General, states: The purpose of this directive is to establish a procedure for correctingemployee misconduct in a uniform manner; to provide citizens with a fair and effectiveavenue for redress of their legitimate complaints against Department employees; toprotect all employees from false charges; and to ensure that accused employees aretreated properly and uniformly. It also requires an appropriate investigation of allallegations of misconduct. including anonymous allegations and third partyallegations, whether received from a citizen or another employee of the Department. Mr. Young, you must know, understand and be able to apply rules prior to decisionmaking.

Whether Officer Royal saw the complaint 01' not is irrelevant. Is the complaintaccurate, true and was it properly investigated?

The commanders sitting on Officer Reyes' board should have taken corrective actionafter viewing/listening to the recording of Officer Royals' polygraph.


6/6

Your attempt to make my complaint on behalf of Officer Royal improper is the sameretaliation I experienced as a Greensboro Police Department Commander, assistingofficers in writing legitimate grievances and complaints. Again, I will tell you, that wasmy job, obligation and duty as a commander. Bringing the mistreatment to Officer Royalto your attention was my obligation, job and duty.

My actions were completely proper. I hope you understand that attempting to portray my making a complaint on behalf ofOfficer Royal as improper and using that detrimentally in your appeal response to me, isdiscriminatory, retaliatory and intimidating, especially to a private citizen of which I am.

Mr. Young, you contradict your August 12, 2010 memo to City Employees, which stateson page three (3) paragraph four (4), in italics: I also want to address the issue raisedthat employees are subjected to negative repercussions if they avail themselves to thegrievance or complaint processes. To be certain, employees can file a complaint orgrievance without fear or reprisal. City of Greensboro policy and practice does notsupport disciplinary or adverse action taken against an employee for filing a complaintor utilizing the grievance process. This administration will investigate any and allcomplaints and evaluate and respond to all grievances based on policy and best businesspractices.

Mr. Young, again, please correct your erred, discriminatory, retaliatory thought processand understanding. Recognize that a citizen or employee can make a complaint on behalfof another citizen or employee. North Carolina Law requires police officers to take thistype of action regarding domestic assaults that meet a certain criteria.

I'

I could go on, however, I am sure you understand my point. Please be sure to encourageemployees and citizens to report misconduct, especially as it relates to individuals with lessauthority who are less likely to bring forth issues they are experiencing.

Lead with compassion, fairness, transparency and courage, not intimidation and policy changeoverdose. Many of the policies you seek to change work well. Corrupted administrators willcorrupt the new policies just as they did the old policies. Confirmation of this is Police ChiefKen Miller, in office for two (2) months, sits with three (3) allegations of discriminationagainst him, by three (3) different people.Mr. Young, for your information, on Thursday, November 11,2010 at Bethel AME Church, 200N. Regan Street, at 6:00pm, there will be a community meeting. In the meeting, citizens willdiscuss police accountability and professionalism, among other things. An example of the subjectmatter discussed will be Assistant Chief Crotts on YOUTUBE violating North CarolinaPersonnel Privacy Law. Not just the fact that the allegation is there, but that it has not beeninvestigated after repeated notifications to you and Chief Ken Miller. That is only one (1)example. Please try and attend this meeting if at all possible. Thank you very much.

citizen charles cherry files a conduct complaint on the greensboro chief of police ken miller

Documents