thomas- december 14,2010 complaint of continued retaliation,discrimination/plus 3 attachments

8/6/2019 THOMAS- December 14,2010 Complaint of continued Retaliation,Discrimination/Plus 3 attachments

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GREENSBOROPolice DepartmentCity of Greensboro R E C E I V E DDecember 14, 2010

D E C } , 4 2 0 1 0

C i t y M a n a g e f s O f f i c eTO; Chief of Police Ken Miller (Through Channels)FROM: Officer, D.V. Thomas, Support Bureau, Operational Support Division, Legal

SupportSUBJECT: Complaint of Continued Retaliation, Discrimination,Harassment, Unfair Treatment and Hostile Work

Environment by Sergeant D.J. Davis to Include SergeantDavis' Investigation of Me Because A Complaint Was FiledApparently On My Behalf by a Concerned Citizen

In accordance with Greensboro Police Department Directive 1.5.25 Forwarding Correspondence,please ensure that this document is received by the Chief of Police Ken Miller. The Directivestates, "An employee receiving a written communication from a subordinate directed to a highercommand shall endorse it, indicating approval, disapproval, or acknowledgement, and forwardwithin a reasonable period of time."City Policy H-5 Employee Assistance Program, Organizational Rules Section 5.1 states: TheEmployee Assistance Program (EAP) is essentially a self-referral program but supervisors mayrecommend. An employee is encouraged to personally contact the EAP counselor or anycommunity agency for confidential counseling, referral 01' treatment.On September 13, 2010, October 8, 2010, and October 22, 2010, I constructed complaint andappeal documents addressed to City Manager, Mr. Rashad Young. These documents containallegations against a number of individuals. Because Sergeant DJ. Davis continues to harass,intimidate, retaliate and discriminate against me because I have .filed complaints, this documentis addressed to Chief of Police Ken Miller (Through Channels), instead of City Manager Rashad .Young.On December 6,2010, Sergeant D.J. Davis summoned me to his office. At this time, none of myaforementioned complaints have been legitimately investigated. This is confirmed by SergeantDavis stating, during a previously recorded interview that he will investigate himself; it appearedthe authority to do so was the City Manager and his (Sergeant Davis') chain of command.Sergeant Davis has indeed investigated himself. This is confirmed by documentat ion, TheDecember 6, 2010, meeting between Sergeant Davis and me was recorded by both of us.

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Sergeant Davis, retaliated, discriminated, intimidated me, treated me unfairly and is.continuingto place me in a hostile work environment, by investigating me, because a citizen apparentlyfiled a complaint of discrimination, retaliation, intimidation and a hostile work environment onmy behalf, on or about October 22,2010.In addition, Sergeant Davis is retaliating, discriminating, intimidating, and harassing me andtreating me unfairly for taking part in the City of Greensboro's Employee Assistance Program.I will refer to the December 6, 2010, recorded interview and other information to confirm myallegations. The information is as follows:

Upon sununoning me to his office, Sergeant Davis made me aware that he wasinvestigating me.Sergeant Davis never gave clear a reason(s) for investigating me.Sergeant Davis served me with a notification which stated} "The purpose of'fhismemorandum is to notify you that an administrative investigation is being conducted todetermine whether or not you violated D.D. 1.4.5 Obedience To Orders and D.D. 3.9.2Procedural Steps. Attached to this memorandum is a copy of (PS~POL~118-670) The, Employee Administrative Rights and Responsibilities Form. Upon completion of this

, a dm ini str ati ve investigation, you will be notified." End of Notification: The notificationclearly displays retaliation) discrimination, harassment, intimidation and incompetence.The notification does not dictate what specific act I allegedly committed that would be inviolation of any Departmental Directive, Procedurally, Sergeant Davis must notify me ofa specific alleged violation.

Sergeant Davis is investigating me because a citizen apparently filed a complaint ofdiscrimination. retaliation, harassment, intimidation and hostile work environment, on m ybehalf. This is clear discrimination, retaliation, harassment and intimidation.

Sergeant Davis is investigating me because I have filed complaints on him (SergeantDavis). This is clear retaliation, discrimination, harassment and intimidation. Sergeant Davis stated that he had to figure out how my October 22,2010, document gotto the City Manager's Office. Even though Sergeant Davis threatened me; he was notconcerned relating to the allegations in the October 22, 2010, document. In addition,Sergeant Davis stated that the October 22, 2010 document had a letter attached from theReverend Nelson Johnson.

I believe that Sergeant Davis is attempting to sustain a fabricated allegation on me~terminate me, and protect him and others from proper investigation. Sergeant Davis continued to harass, intimidate, retaliate and discriminate against me

(tlrroughout the recorded interview) relating to how m y complaint got to the CityManager's Office. Even after I explained to Sergeant Davis that Idid not take acomplaint to the City Manager's Office. This clearly displays discrimination, retaliation,harassment and intimidation, in that Sergeant Davis compelled m e to attempt to file acomplaint against Sergeant Davis to Sergeant Davis, with no other avenues available tome.

Sergeant Davis continued to harass, intimidate, retaliate and discriminate against measking if I knowingly allowed someone to take the October 22, 201 'O~ complaintdocument to the City Manager's Office.


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I explained to Sergeant Davis that I could only control my actions, but I did share myinformation with my confidential counseloris), through the City's Employee AssistanceProgram. Sergeant Davis, continuing to harass, intimidate, retaliate and discriminate against me,attempting to compel me to reveal confidential interactions with my counselors, through

the City's Employee Assistance Program (EAP), to Sergeant Davis. During the meetingon December 6, 2010 I did inform Sergeant Davis that I was utilizing the EAP Program,even though Sergeant Davis had prior knowledge.

On October 22, 2010, I presented a complaint document concerning discrimination,intimidation, harassment and retaliation to Sergeant Davis as a correspondence to beforwarded through channels to the City Manager. Sergeant Davis would not accept thedocument to forward through the chain of command, and then initiated an investigationon me, because a citizen apparently took the document to the City Manager's Office. Icalled Sergeant Davis, drove twenty two (22) miles, while out sick, under a physician'Scare to deliver the document to Sergeant Davis.

... Sergeant Davis continued to harass, intimidate and discriminate against me byinformingme that I should have come into his office and discussed my October 22,2010 document

o with him while I was out sick and under a physician's care. On October 20, 2010 Iprovided Sergeant Davis with a notification from Dr. Veita Bland that I had been seen inher office and that I would return to my normal duties on November 22, 2010. OnOctober 21, 2010 Sergeant Davis harassed me by calling my residence and inquiring whyI was not at work.

On December 6, 2010, Sergeant Davis continued to harass, intimidate and discriminateagainst me by suggesting that because I interacted with my confidential counselor,October 22, 2010, that I should have spoken with Sergeant Davis. Sergeant Davis statedthat a conversation with my confidential counselor .. through EAP, and a conversationwith him are about the same. I find these statements are rather troubling because SergeantDavis can be heard on a previous recording advising that we (he and I) will try to "hash itout." Sergeant Davis referred to my complaint as "crap."

Sergeant Davis continues to harass, discriminate and intimidate me by keeping me on theEmployee Improvement Program although he stated the investigation(s) (utilized forplacing me in the Employee Improvement Program) were "bullshtt." I request to beremoved from the Employee Improvement Program and or Professional StandardsProgram, immediately. I request all unfair treatment cease and desist.

On December 10, 2010, Sergeant Davis summoned me to his office: I recorded the meeting. Themeeting was in reference to a Thirty Day Evaluation, relating to the Employee ImprovementProgram. Please note the following continued confirmation of retaliation, discrimination,harassment, intimidation and a hostile work environment imposed upon me by Sergeant DJ.Davis:

Sergeant Davis' last thirty (30) day evaluation, dated October 1,2010, stated, (in italics)"There have been no issues as of 10/5/10 with Officer Thomas' work performance inLegal Support (Warrant Squad). During this thirty (30) day period, Officer Thomas hasperformed at a Level III "


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Sergeant Davis has observed my work from October 6, 2010 through October i, 2010, aperiod of eight (8) workdays. Sergeant Davis did confer with me and expressed hisdispleasure with me as it related to me filing complaints directly to the City Manager'sOffice. This was done even though I had received disciplinary actions that could only berescinded by the City Manager. No discussion, concern, direction or correction wasexpressed during this time period relating to any negative work performance, From October 19, 2010 through December 5, 2010, I was out sick under a physician'scare. I returned to work on December 6, 2010. Sergeant Davis inunediately began aretaliatory investigation on me. On December 10, 2010, Sergeant Davis served me with amemo with a subject of "Officer D.V. Thomas-(Second) Thirty (30) Day Evaluation.Sergeant Davis has no specific thirty (30) day time period of which this evaluationcovers, on the document. This document is dated December 10,2010.

The first paragraph of the December 10, 2010 document states, (in italics): "OfficerThomas continues to learn the different aspects of the Legal Support; she has worked inthe office with minimal problems and mistakes as well as the apprehension team and thejail assignment." Sergeant Davis was unable to tell me, upon request, what minimalproblems or 'mistakes I have made, relating to my work performance. Also, minimal" mistakes would not cause your evaluation rating to drop form a Level III to a Level II.

e Sergeant Davis states in the second and third paragraphs of the document, (in italics):"However, during this thirty day evaluation period, Officer Thomas has authored andallowed to be filed two complaints. Officer Thomas filed one complaint on October 8,2010. This complaint was filed directly through the City Manager's Office. On October15, 2010 1responded to the complaint and during the conference with Officer Thomas,Officer Thomas was given a direct order to adhere to all sections of DepartmentalDirective 3.9 in regards to filing any future grievance or complaints. On October 22,2010 Officer Thomas did allow another complaint to befiled through the City Manager'sOffice. During which time Officer Thomas had been placed on sick leave by Dr. VeltaBlandfrom October 19 , 2010 to November 22 , 2010. The sick leave was later extended toDecember 6, 2010." How do you "allow" another complaint to be filed, and what is theCity Policy, Departmental Directive, State or Federal Law on allowing complaints to befiled? Why is this statement in my evaluation? Sergeant Davis is clearly harassing,intimidating, retaliating) discriminating against and perpetuating a hostile workenviromnent for me, to include lowering my evaluation because I filed complaints. I-lowcan Sergeant Davis evaluate me detrimentally for filing complaints, being placed on sickleave or someone filing a complaint apparently on my behalf) with or without myknowledge?

Sergeant Davis states in the fourth paragraph of the document, (in italics): "OfficerThomas was out of work for an unknown illness from October 19,2010 to December 6,2010. During which time she authored a complaint to the City Manager throughchannels. This complaint was not delivered to her supervisor but was delivered to theCity Manager's Office with a cover letter attached, authored by her counsel Mr. NelsonJohnson." Why is this statement in my evaluation? On December 6, 2010, SergeantDavis advised me that he was extending my time to be evaluated. Sergeant Davis isclearly harassing, intimidating, retaliating, discriminating against and perpetuating ahostile work environment for me, to include lowering my evaluation because I wrote acomplaint, and the complaint was apparently taken to the City Manager's Office. I


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attempted to give the complaint to Sergeant Davis, calling Sergeant Davis by phone,driving twenty two (22) miles to deliver the document to Sergeant Davis. Sergeant Davisrefused to receive the document and follow Greensboro Police Department Directive1.5.25 Forwarding Correspondence.

Sergeant Davis states in the fifth paragraph of the document, (in italics): "During thisevaluation period, on November 19, 2010, I sent Officer Thomas an e-mail that stated,"Officer Thomas, before you return to work you need to schedule an appointment withMedical Services at Patton. The city doctors will need to clear you for duty. " OfficerThomas responded with this e-mail, "Can you advise which policy requires me to becleared by the city doctors? Is this the standard for everyone (example if someone hadpneumonia and was absent for several weeks) City Policy F-6 Family Medical Leave andPolice Departmental Directive 6.4 Limited Duty requires reporting to Medical Services,'however, 1am taking sick Leave and there is no such provision listed." 1(SergeantDavis) then turned the matter over to Human Resources and only then did OfficerThomas make the appropriate arrangements to return to work." I (Sergeant Davis'subordinate) simply asked Sergeant Davis (my supervisor) a question. I am still not clearon why I would have to be cleared by medical services as it relates to taking sick time. I

" had a doctor's note as required when an employee takes more than five (5) consecutivedays of sick time. Who should I ask questions, if not my supervisor? What matter didSergeant Davis turn over to Human Resources? What does "only then did OfficerThomas make the appropriate arrangements to return to work" mean? I was present atthe appointment, provided a note from Dr. Bland, and returned to full duty status. What isthe problem, and why is this in my evaluation?

Sergeant Davis states in the sixth paragraph document, (in italics): "Officer Thomasshould familiarize herself and understand Departmental Directive 1.4.5 which states,Employees shall promptly obey any lawful written or verbal order or directive of hersuperior or any employee who is serving in the capacity of a superior, including anyorder relayedfrom a superior by an employee of the same or lesser rank. Failure to obeyis insubordination and is subject to disciplinary action. " I am familiar with this directive.What sustained investigation or incident is Sergeant Davis referring to in which I did notobey a lawful order by a superior? Why is this in my evaluation if no allegation, incident,or completed investigation can be cited 7

Sergeant Davis states in the document, (in italics): "Officer Thomas' unwillingness tofollow lawful orders and departmental directives continues to affect her ability tofunction properly in a para-military organization such as the Greensboro PoliceDepartment. " What sustained investigation or incident is Sergeant Davis referring to inwhich I did not obey a lawful order by a superior? Why is this in my evaluation if 110allegation, incident, or completed investigation can be cited? How has myperformance/ability to function been affected? Sergeant Davis did advise me that heevaluated my attitude as well as my performance. Sergeant Davis has no documentationthat reveals my attitude has affected my performance. I have complied with and willcontinue to comply with all lawful and competent orders.

On December 10, 2010, and after I had departed Sergeant Davis' office he contacted mevia work cell phone and stated "Deborah did you say that you recorded m e when I saidthat Sergeant Heard's investigations was bull crap?" Chief Miller this is pureharassment. I advised Sergeant Davis that he knew about all of the recordings prior to


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being recorded. I intend to continue the recordings for my safety. Sergeant Davis hasalready advised me in October 2010 that he did not want to see anything happen to meand that he was going to cut off the recording and tell me something in private.

Sergeant Davis made a threatening statement concerning my current warrant squadassignment during the meeting, on December 10, 2010, even though he was aware that hewas being recorded.' It seems as though Sergeant Davis is attempting to fabricate areason to have me unjustifiably transferred or terminated.

Chief Miller, Sergeant Davis' clear discrimination, retaliation, harassment, intimidation,fostering a hostile work environment should be addressed. Please properly, fairly and quicklyaddress the following, but not all inclusive information confirming my mistreatment by SergeantDavis:

I and apparently on my behalf others have submitted complaint documents datedSeptember 13, 2010, October 8, 2010, October 22, 2010 and this document. Thesecomplaints have uninvestigated allegations against several individuals to includeSergeant DaVIS.

" Sergeant Davis investigated himself. This is confirmed by documentation and recording. Sergeant Davis has retaliated against me for filing complaints. Sergeant Davis initiated

investigations against me because I filed or on my behalf, complaints were filed. This isconfirmed by documentation and recording.

Sergeant Davis stated that the investigation(s) for which I am in the EmployeeImprovement Program was "bullsh*t." This is confirmed by recording.

Sergeant Davis retaliated against me for utilizing the City's Employee AssistanceProgram (EAP). This is confirmed by documentation and recording. Sergeant Davis retaliated against me for filling or on my behalf complaints were filed.Sergeant Davis lowered my evaluation. This is confirmed by recording and

documentation. Multiple recordings and Sergeant Davis' own documentation confirm my allegations. I request fair and equitable treatment. I request to be rated at level three on my

evaluation.Chief Miller it is clear that Sergeant Davis is attempting to fabricate a violation against me toresult in an adverse circumstance for me and my family (loss of employment or job transfer).TIllS will protect Sergeant Davis and others from proper investigation of my complaints. Pleasetake the appropriate investigative actions and have Sergeant Davis refrain from hisdiscriminatory, retaliatory, harassing, intimidating, hostile treatment of me. Sergeant Davis'treatment of me appears to fit the elements of workplace harassment that may enable me to seeka SO C order, which I am considering.Your assistance in this matter is greatly appreciated.

\ ~ of ~rt"ilO/Officer D. V. Thomas, Support Bureau Operational Support Division


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Attachment #1; December 6 ) 2010 Notification of Investigation from Sergeant OJ. Davis toOfficer n.v. ThomasAttachment #1: October 1, 2010 (First Thirty Day Evaluation, relating to EmployeeImprovement Program)Attachment #3: December 10, (Second Thirty Day Evaluation, relating to EmployeeImprovement Program) from Sergeant D.J. Davis concerning Officer D.V. Thomas


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GREENSBOROGreensboro Police DepartmentCity of Greensboro

O ctober 1 . 2 0 1 (J

TO: Commanding Officer, Operational Support DivisionFR O M : Sergeant DJ. Davis, Operational Suppor t 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 continues to learn the different aspects of Legal Support, she has worked in theoffice 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 been no issues as of 10/5/10 with Officer Thomas' work performance in LegalSupport (Wan-ant Squad) .However on 9/8/1 0 I met with Officer Thomas in my office to briefly discuss what was expectedof her. I explained to Officer Thomas that I expect her to remain professional and courteous at alltimes as she deals with the general public and her C O M workers, she should adhere to allDepartmental Directives, Special Orders and Standard Operating Procedures at all times. Duringthe meeting I had asked Officer Thomas if she wanted to have a seat, she refused, During ourconversation I observed Officer Thomas standing with her arms folded across her upper torsowith what appeared to me as a look of frustration or discuss on her face, I asked Officer Thomas,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. I explained to Officer Thomas that as aSupervisor I had an obligation to recognize and take corrective measures whenI observed anytype of behavior that m ay be unusual.I assured 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 ..DUfingIthis hirty DaY:30)period Officer Thomas has performed at a t~:yelIII.;~SJ. . fJ~~DJObavis, rgeantOperational Support DivisionLegal Process Section

One Governmental Plaz:a, PO Box 3136, Greensboro, NC 27402-3'136 (336) 373~CITY (2489)


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Greensboro Police DepartmentCity of Greensboro

December 6'!', 20 J 0

TO: Officer. D.V. Thomas, Operational SUPPOli Division, Legal Process SectionFROM: Sergeant OJ. Davis, Operational Support Division, Legal Process SectionSUBJECT: Notification of Administrative InvestigationThe purpose of this memorandum is to notify you that an administrative investigation is beingconducted to determine whether or not you violated D.O. 1.4.5 Obedience To Orders and D.O.3.9.2 Procedural Steps.Attached to this memorandum is a copy of (PS-POL-lIS-670) The Employee AdministrativeRights And Responsibilities Form.Upon completion of this administrative investigation, you will be notified.

;s1.l8 J _ l 8 & ? , e ~ _ ~D.9~Davis,~ergeantOperational Support DivisionLegal Process SectionAttachment: (l) Employee Administrative Rights And Responsibilities Form.

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

GREENSBOR


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Greensboro Police DepartmentCity of Greensboro

n,

Decem ber [O 'n , 2 0 I 0

TO: Commanding Officer, Operational Support DivisionFROM: Sergeant DJ. Davis, Operational Support Division, Legal Process SectionSUBJECT: Officer. D.V. Thomas- (Second) Thirty day evaluationOfficer Thomas continues to learn the different aspects of Legal Support; she has worked in theoffice with minimal problems and mistakes as well as the apprehension team and the jailassignment.However during this thirty day evaluation period Officer Thomas has authored and allowed to bef i Jed tw o complaints. Officer Thomas filed one Complaint on October s" , 2 0 1 0 this complaintwas filed directly through the City Manager's Office. On October 14thIesponded to thecomplaint and during the conference with Officer Thomas. Officer Thomas was given a directorder to adhere to all sections of Departmental Directive 3.9 in regards to filing any futuregrievancesl complaints.O n October 221 ldOfficer Thomas did allow another complaint to be filed through the CityManager's Office. During which time Officer Thomas had been placed on sick leave by Dr.Velta Bland from October 19th to November 22nd , 2010 the sick leave was later extended toDecember 6th , 2010.Officer Thomas was out of work for an unknown illness from October 19th , 2010 to December6th , 2 0 1 0 . During which time she authored a complaint addressed to the City Manager throughchannels. This complaint was not delivered to her supervisor but was delivered to the CityManager's office with a cover letter attached authored by her counsel Mr. Nelson Johnson.During this evaluation period, On November 1 9 th, 2 0 1 0 I sent Officer Thomas an e-mail thatstated "Officer Thomas, before you return to work you need to schedule an appointment withMedical Services at Patton. The City doctors will need to clear you for duty". Officer Thomasresponded with this e-mail "Can you advise which policy requires me to be cleared by the citydoctors? Is this the standard for everyone ( example if someone had pneumonia and was absentfor several weeks) City Policy F-6 Family and Medical Leave and Police Depar tmental Direc tive6.4 Limited Duty requires reporting to Medical Services; however, I am taking sick Leave andthere is no such provision listed" . I then turned the matter over to Human Resource and onlythen did Officer Thomas make the appropriate arrangements to return to work.

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


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thomas- december 14,2010 complaint of continued retaliation,discrimination/plus 3 attachments

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