Complaint Against Greensboro City Manager Rashad Young For Not Investigating Citizen's Allegations...

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    Mayor of Greensboro Bill Knight and the Greensboro City Couricil300 West Washington StreetGreensboro, North Carolina, 27401

    June 20,2011JUN 2 0 2 0 1 1 'J U N 2 0 2 0 1 1

    Re: Complaint of Discrimination, Retaliation, and Failure to Dispatch of Duties andResponsibilities (Answer Employee and Citizen Complaints) Against CityManager, Mr. Rashad Young

    Mayor Knight and City Council:

    On June 7, 2011, I attended the Greensboro City Council Meeting, located at 300 W.Washington Street, the Melvin Municipal Building, The meeting was in the City CouncilChambers. This meeting was recorded and can be retrieved from the City of GreensboroWebsite. The portion of the meeting, "Speakers From the Floor," from which I will refer canalso be reached by going to YouTube and putting Greensboro Corruption in the search bar.

    I was afforded the opportunity to speak during the "Speakers From the Floor" segment of themeeting. When addressing the Council, I made it known that City Manager Rashad Young had alarge number of complaints on his desk, from individuals against various City employees, thathad not been answered. In fact, Mr. Young has not acknowledged, through written notificationto the complainants, that he (Rashad Young) has received the complaints and will have themproperly investigated.

    After I completed addressing the Mayor and City Council, Councilwoman Diane Bellamy-Smallasked Mr. Young if he had been responding to complaints that reached his desk, to include mycomplaints. Mr. Young, responded, "I responded to the core of his (Charles Cherry) issues whenhe was an employee ofthe City of Greensboro, and I deem that response to be satisfactory,"

    Please note the following:

    Mr. Rashad Young is a public servant, and serves at the pleasure of the Council, whorepresent, the people.

    My termination of employment with the City of Greensboro was finalized by Mr. Youngon October 28, 2010, eight (8) months ago.

    Mr. Young's only reply to Councilwoman Bellamy-Small's question should have been,"Yes Maam, as mandated by City Policy, I responded to every complaint that has reachedmy desk, from an employee or citizen." Unfortunately, that was not Mr. Young'sresponse.

    Mr. Young responded to Councilwoman Bellamy-Small regarding me (Charles Cherry),however, he did not mention the multitude of other citizens/employees that he has notanswered.

    City Policy mandates that every complaint filed should be properly and fairlyinvestigated and processed. Regardless of your personal biases against the complainant.

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    Mr. Young stated on video recording, that he has responded to the "core" of mycomplaints when I was an employee with the City of Greensboro. The core is not all,immediately placing Mr. Young in violation of City Policy, which mandates aninvestigation of all citizen and employee complaints. Mr. Young, according to his ownstatement, which is accurate, only responded to a certain amount of complaints I lodgedwhile I was an employee, and none after 1 separated/rom the City of Greensboro.

    The specific complaint I spoke of (although there are more complaints) regarding Chiefof Police Ken Miller was filed on May 2, 2011, six (6) months after I separated from theCity. Mr. Young has not answered this nor has he answered many other complaints by

    other citizens, former employees, employees or me. Mr. Young stated he deemed answering the "core" of my complaints to be satisfactory ..Mr. Young does not have the authority pick the complaints he will respond to, leave theother complaints unanswered and deem this satisfactory. This is discrimination,retaliation and clearly confirms Mr. Young not properly dispatching of his duties.

    Mr. Young does not even provide a letter of confirmation of receiving your complaint asis required with all City Departments.

    Mr. Young has not answered citizen and employee complaints, and has also allowed. crimes to be committed against citizens.

    There are at least six (6) individuals that lodged complaints against City Employees thatMr. Young did not answer.

    Even after receiving prompting (recorded June 7, 2011 Council Meeting), from theMayor and Councilwoman Bellamy-Small, Mr. Young still has not properly investigatedor responded to a multitude of citizen complaints.

    I will use my latest complaint lodged May 2, 2011 (which I gave you a copy of, duringthe recorded meeting on June 7, 2011), against Chief of Police Ken Miller. As of June 20,2011, no response from Mr. Young.

    Sergeant DJ. Davis is heard on YouTube informing Officer Deborah Thomas that theCity Manager (Mr. Young) is not going to respond to her complaints or appeal ofdiscipline. Even when she requests a written confirmation from Mr. Young, to confirm,Sergeant Davis' message, she is denied. Chief of Police Ken Miller unlawfullyterminated Officer Thomas on April 29, 2011. Officer Thomas appealed the termination

    to Mr. Young. City policy states that the Manager will respond within twenty (20) days.It has been fifty two (52) days, at the time of this writing, and no response from Mr.Young. There has been no letter from Mr. Young requesting more time.

    Mr. Young's failure to respond to my complaints is also retaliation because I havecomplained of and exposed discrimination, retaliation, intimidation, harassment, hostilework environments and crimes committed within the City of Greensboro and mainly theGPD.

    Mr. Young, compensated $187,000 by taxpayers, has discriminated and retaliated against me andothers, and has [ailed to dispatch ~is m,ost bas:ic duties (ensuring citizen and employeecomplaints are properly investigated and processed), when he chose not to acknowledgeand answer complaints.

    Mr. Young's committing these violations is confirmed by the following:

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    Councilwoman Bellamy-Small directed Mr. Young to create a list of timelines, toconfirm that he has responded to complaints. Mr. Young will have to lie to create a timeline list stating that he has responded to all complaints, that reached his desk.

    Mr. Young has betrayed the trust of all citizens, and should not be allowed to continue torepresent the City of Greensboro in the position of City Manager.

    Because you all are monetarily compensated elected officials and public servants, I trust that youwill correct, redirect and discipline your subordinate Mr. Young accordingly. I humbly request awritten correspondence regarding all of my complaints on Mr. Young. In addition, please beaware that I have made complaints on Mr. Young, and directed them to Mr. Young. Mr. Young,as any employee with integrity would, should have notified has superiors (Mayor and CityCouncil), for proper investigation to occur. Apparently, he has not, because no investigationoccurred. I would like those complaints answered also.

    Mayor Knight and City Council, how can citizens ever trust Mr. Young to provide a legitimateinvestigation of their complaints? Please review the attached letter addressed to the Mayor, CityCouncil and Mr. young, that has a compilation of not all, but many of the complaints lodgedagainst City personnel that Mr. Young did not investigate and took no corrective action. I lookforward to your written response(s), and thank you for your time.

    Attachments:

    Attachment #1: June 14, 2011 letter to Mayor Bill Knight and the City Council, entitled, RecentExodus of Greensboro Police Officers, Funds Wasted on Internal GPD Survey and ContinuedComplaints of Misconduct by City Employees to Include GPD Administrators

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    City Manager Rashad Young, Mayor, and City Council300 West Washington StreetGreensboro, North Carolina 27401

    J U N 2 0 2 0 1 1Q D N2 0 2 0 1 1

    June 14,2011

    RE: Recent Exodus of Greensboro Police Officers, Funds Wasted on Internal GPD Surveyand Continued Complaints of Misconduct by City Employees to Include GPDAdministrators

    Mr. Young, Mayor and City Council Members:

    I have been informed by Greensboro Police Department (GPD) Officers and the media that therehas been a recent rise in officers leaving the GPD 01' submitting applications to other agencies, inan attempt to leave the GPD. There has been a great deal of speculation as to why officers areleaving or attempting to leave the GPD. In the May 29, 2011 Greensboro News and Record, anarticle entitled, City Police See Exodus of Officers, the article stated, "Wages and a lack of perksmay be to blame for the turnover, officials say." In addition to that, on Monday, May 30, 2011,Police Chief Ken Miller sent an e-mail advising all employees that GPD has hired StephanieWalker and Associates along with Dr. Kelly Graves, a professor at UNCG to conduct a surveyand follow-up focus groups, relating to two categories affecting the GPD.

    The categories affecting the GPD, according to Miller's e-mail are 1. Management/LaborRelations (and) 2.Race Relations.The initial survey is mandatory for all employees. They weregiven until June 10, 2011, to complete the survey. The purpose of this letter is provide youadditional information regarding City employee, police misconduct, inform you on how hiringStephanie Walker and Associates is a waste of their business time, and city funding, when youalready know the issues, inform you as to how to. be better informed as to why officers areleaving the GPD, and to show you the interrelatedness of the three aforementioned items.

    To begin with Mr. Young, if you want to know why officers are leaving the GPD you canactually ask the specific individuals during an exit interview. This way there will be no need tospeculate. In addition to that, you have to feel reasonably certain that the individuals you ask willbe honest in their answers to you. If an employee feels that there would be some reprisal fromthem honestly informing you as to why they are choosing to leave, or providing you any otherinformation, the employee, will not feel free to be totally honest with you.

    For instance, Mr. Young, in the Greensboro News and Record, dated August 10, 2010, it stated,

    "He (City Manager Rashad Young) said Cherry'S case creates the perception that employees arebeing punished because they filed grievances against the city." Since August of 2010, five (5)GPD officers have been terminated from the GPO. All of the officers filed complaints orgrievances against GPD personnel (the City). In fact, Sergeant DJ. Davis can be heard onYouTube (place sgtdjdavis in the search bar) threatening Officer D.V. Thomas with discipline ifshe files additional complaints. Additional complaints were filed on Officer Thomas' behalf (as

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    they should have been), and Officer Thomas was terminated, on April 20, 2011, by Chief ofPolice Ken Miller.

    Mr. Young, in June 2010, because I filed complaints against City personnel, I was ordered toundergo a "Fitness For Duty" psychological evaluation. Assistant Chief Dwight Crotts'

    recommendation for psychological evaluation states, "During the past two months, Captain C.E.Cherry has submitted and/or written seven (7) grievances. He has also submitted andlor authoredadditional responses to the responses he has received." Mr. Young, in an August 2010 memo tocity personnel you stated that no employee would be subjected to a psychological fitness forduty, for filing grievances or complaints. Your words and Assistant Chief Crotts' words/actionscannot both be true. This information and more is common knowledge amongst city employees,officers and some citizens.

    Mr. Young, what employee would feel comfortable bringing ftny issues forward, when they riskretaliation by termination or forced psychological assessment? In addition, if they bring issuesforward, they are still dependent upon the GPD (City of Greensboro) for an employee reference,should they pursue other employment.This is just an example of why there is thwarted trust ofGPD and some City administration.

    Also, Mr. Young, in the Greensboro News and Record article, it speaks about lack of perks, suchas take home cars. Take home cars is a perk, but is it enough to make a veteran officer go to asmaller department? The starting pay for Greensboro Police Department is $32,500. The startingpay for High Point is $33,654. Is $1,154 or $48.00 a pay period (less after taxes) enough to makean officer go through the GPD academy and then up and leave for a smaller agency?Especiallysince the City is currently conducting a compensation study.

    In addition you have to compare apples to apples. You have to factor in the benefits, such aslongevity, off-duty opportunity, training opportunity, if all equipment is paid for, the differencein a veteran officer's (that chose to leave) pay. Once you speak to each individual officer andfactor in all of these elements, then you can make a legitimate determination on why you arelosing officers. Also, there is a recession occurring in the United States, not just Greensboro, andmost officers understand that.

    Also, why would a veteran officer choose to leave the GPD for a smaller department, so that theycould have a take home police vehicle? The Greensboro Police Department has not, at least inthe last twenty four (24) years, had take home vehicles, for patrol officers. Many of the smallerdepartments offering that option, "perk,'; as stated in the local news, were offering it when theexiting officers joined the GPD. So why not join the smaller agency to begin with? Exactly Mr.Young, chances are, the exodus is not about a few dollars and a take home vehicle.

    Mr. Young, in a November 17; 2010, interview with Fox 8 News' Neill McNeill, Chief KenMiller was asked, "have you seen any evidence of racism, double standards or corruption in thisdepartment." Chief Millerstated, "no, sure haven't." Now, on May 30, 2011, Chief Ken Miller isspending tax dollars, to employ a company to conduct a survey and follow-up within the GPOregarding management/labor relations and race relations. This, when Chief Miller already knows

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    In mid May, 2011, author, Samuel Clark released the second edition of his book, TotalMisconduct, A Factual Account of Police and Political Corruption. Several pages in thisbook referenced on-going corruption within the GPD, to include the sgtdjdavisYouTubeaudio, confirming among other things that Chief of Police Ken Miller has authorizedGPD officers to investigate complaints against themselves. The book can be purchasedby going to www.totahnisconduct.com.

    Chief Ken Miller has now authorized GPD officers to investigate complaints againstthemselves. Example, a complaint against Sergeant Darrin (D,J.) Davis is made, andSergeant Darrin (D.J,) Davis investigates it.

    Chief of Police Ken Miller has eighteen (18) complaints of misconduct against him,ranging from conduct complaints to discrimination complaints. These complaints includeChief Miller slamming his fist and screaming at a citizen when the citizen merely askedfor a copy of a report, and Chief Miller orchestrating the arrest of two (2) citizens to quellthe citizens' freedom of speech. All of these complaints sit on your desk, Mr. Young,awaiting investigation.

    April 29, 2011, Chief of Police Ken Miller terminated Former Officer R.Reyes, becauseOfficer Reyes filed a complaint and a disciplinary appeal. Reyes' complaints, to include acomplaint against Officer D.A. Pinson, were never even investigated,

    April 20, 2011, Chief of Police Ken Miller terminated Officer D.V. Thomas, because acomplaint had been filed to your office on her behalf. Also, Officer Thomas had filed alegitimate complaint of discrimination on Chief Miller that had never been investigated,before Chief Miller terminated her. The complaint has still never been investigated.

    Chief Ken Miller violates Officer Thomas' personnel privacy, in violation of NCPersonnel Privacy Law when conducting Officer Thomas' termination hearing process.

    Human Resources Personnel, Lacy Deberry claimed he was investigating Officer Thomascomplaints. Lacy Deberry cut and pasted a copy of a response to Officer Frances Banks'

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    the issues plaguing the GPD. Chief Miller stated in his e-mail to GPD Departmental members;"early in my tenure, as I heard form employees across rank and sworn/non-sworn structures, Iheard about a number of experiences that have created interpersonal and professional tension thatemployees have felt undermined the effectiveness of the organization and morale at work. Themajority of these concerns appeal' to be connected along the following two categories 01' themes:

    1. Management/labor relationships 2. Race relationships,"

    Mr. Young, early in his tenure, when Chief Miller heard from employees across the ranks,according to his interview with Neill McNeill, Chief Miller saw no evidence and what he heardfrom employees was not enough. What has prompted Chief Miller, 01' what evidence does henow have that suggests a survey and follow-up?

    Mr. Young, in a June 1, 2011 interview on DigTriad.com (WFMY), it was stated that ChiefMiller did not attribute the recent exodus of officers from the GPO as a reflection on hisadministration. Mr. Young, I will point out some. but not all ofthe facts confirming corruption,discrimination, retaliation, double standards and a perpetuation of hostile work environmentscreated and sustained by GPD and City Administration. The key point is that officers andcitizens alike are aware of the following information. .

    http://www.totahnisconduct.com./http://www.totahnisconduct.com./
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    complaints of a hostile work environment, and gave it to Officer Thomas. Mr. Deberrywas intent on not investigating Officer Thomas' complaints; however, he was exposedbecause he left Officer Banks' name in the body of the response document; addressed toOfficer Thomas.

    In an interview conducted by Human Resources Manager Terri Wallace (Deberry's

    supervisor), I recorded Ms. Wallace being inappropriate and being untruthful. I presenteda flash drive to Assistant City Manager Speedling which contained the recordedconversation. Assistant City Manager Michael Speed ling and you Mr. Young, took nodisciplinary or corrective action. You changed city policy to protect Ms. Wallace andother city employees engaging in misconduct.

    Assistant Chief Chris Walker is untruthful to Officer Thomas and informs her (recorded)that she cannot inform an attorney regarding the content of her departmental hearing.Assistant Chief Walker; after being untruthful and deceptive attempts to have OfficerThomas sign a confidentiality agreement stating that she agrees to what she knows is anuntruth told by Assistant Chief Walker.

    Chief Miller endorsed, co-signed, confirmed as if proper, legitimized and codified

    Sergeant D.J. Davis' behavior on the YouTube audio sgtdjdavis. Sergeant Davisinvestigated himself, stated the subordinate stabbed him (Davis) in the back by filingcomplaints against him, Davis stated the subordinate's complaints were crap, Davisinformed the subordinate that she probably would not get a fair investigation of hercomplaints or due process, is untruthful, harassed the employee for filing a complaint,going home sick and utilizing city's Employee Assistance Program (EAP), andthreatened the employee.

    Chief Miller sent me an e-mail calling me a derogatory name and informing me that hewould no longer respond to my concerns, "because I made disparaging remarks aboutGPD personnel." Chief Miller clearly discriminates, when deciding what citizens he willand will not respond to. This is a public safety issue, in that citizens must be informed ofwhat they may state, that will enable an officer to deny them public service.

    Chief Miller allowed GPD investigators to close a complaint without speaking with thecomplainants because the complainants wanted to meet at The Beloved CommunityCenter/Faith Community Church. The complainants/citizens were alleging that they hadbeen racially profiled, and did not trust the police in certain environments. This is apublic safety issue. when police can dictate where they will interview an alleged victim(when the location chosen by the citizen poses no threat).

    Chief Miller has listened to and is aware of Assistant Chief D.K. Crotts on YouTubecorrupting and "setting up" the outcomes of investigations and violating NC PersonnelPrivacy Law while he (Crotts) does so. All you have to do is put dkcrottsin the searchbar. There are two (2) clips. One (1) clip is four (4) minutes and the other is (5) minutes.At the 2:00 minute mark of the four (4) minute clip, Assistant Chief Crotts violates thelaw (maliciously releasing information contained in a confidential investigation of me,which is protected by NC Law). Chief Miller has taken no disciplinary and correctiveaction regarding Crotts' NC Law violation.

    Assistant Chief Anita Holder solicited me to commit a crime, which is a crime. You weremade aware of this in June of 2010. In November of 2010, you acknowledged, by letterand concurred with my claim, stating that Assistant Chief Holder was indeed

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    In the past several months, there are over ten (10) Title VI complaints filed with theDepartment of Justice against the GPD.

    The Mayor of Greensboro, Bill Knight, constantly attempts to stop individuals fromreporting violations of the GPO, at City Council Meetings.

    Councilman Zack Matheny stated publically in February, 2011, that Captain James

    Hinson was tainted, should have been fired six (6) or seven (7) years ago and that he didnot trust Hinson. Councilman Matheny implied that his comments derived fromknowledge of Captain Hinson's personnel information.

    Councilman Matheny in a August 23, 2010 e-mail directed the GPD to look for ways tocharge NAACP members, because the citizens complained to Mr. Matheny.

    GPD personnel to include Chief of Police Ken Miller intimidated NAACP member,Marilyn Baird, because Mrs. Baird expressed her disappointment with the decisionmaking of Councilwoman Trudy Wade. Then, after GPD completed a report for noreason, Ms. Baird was advised by GPD to file charges against Wade for filing a falsepolice report. Exactly, Mr. Young, GPO created the false report, not Ms. Wade.

    FOlmer Officer J.L. Pryor informed you (complained) that now Captain G.M. Richey

    stated that he (Richey) did not believe in minority officers training minority officers. Mr.Young, you took no corrective action. Jeffery Taylor, lab personnel from Charlotte Mecklenberg Police Department,

    subordinate to current Police Chief Ken Miller, attended Former Officer 1.L. Pryor'stermination hearing. Mr. Taylor testified to conducting tests on a document that he(Taylor) did not conduct. Documentation confirms this information.

    Mr. Young, I could continue, however, I feel as though I have given you enough information toverify the subculture of corruption, double standards, discrimination, etc. within the GPD. Thecurrent GPO administration has a great deal to do with the current state of the GPD, to includeofficers' exodus.

    Mr. Young, there are a number of things occurring that give officers the impression that the Cityhas money to spend, just not on officers. These items, although not all inclusive are:

    In January 2011, a man was paid $91,000 to settle a discrimination lawsuit, although theCity claims it did nothing wrong.

    You hired your friend as City Attorney and will pay her $347,000 of taxpayer moneyover the next two (2) years, before she even has to pass the NC Bar. This could not havebeen a critical position hire (confirmed by the fact that she has two (2) years to pass thebar). In addition, media articles cause us to question your integrity regarding a nationalsearch.

    In 2009, the Greensboro News and Record wrote an article in which CouncilwomanWade stated we were spending over $1,000,000 related to lawsuits against the City. Ihave asked, for the last couple of months, for the updated numbers, but you are yet tocomply with public records law. I have asked you (months ago) for the number of EEOCcomplaints pending against the City, but have received no answer.

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    CALEA Accreditation requires that Law Enforcement Agencies meet certain standards.For instance, Standard fifty two (52) addresses Internal Affairs (Professional Standards).

    Under that subtitle are standards on complaint investigations, investigation time limits,informing complainants, etc. The GPD's CALEA violations are numerous to say theleast. A delegation of citizens speaking to CALEA, I am sure will make a big difference.

    North Carolina Training and Standards requires Law Enforcement Agencies to meetcertain standards. The GPD's North Carolina Training and Standards violations arenumerous to say the least. A delegation of citizens speaking to NC Training andStandards, I am sure will make a big difference.

    Assistant Chiefs Dwight Crotts and Anita Holder committed crimes that can easily beproven. Crotts on YouTube, and your letter and other evidence regarding Anita Holder.The good thing is there is a two (2) year statute of limitations on the crimes theycommitted, which means I have until the summer of 2012 to file charges. You and Chief

    Ken Miller not taking corrective disciplinary action, the Mayor not allowing me topublically report corruption and police misconduct (to include violations of law), theChief of Police sending me a derogatory e-mail stating he will no longer respond to me,and Ken Miller's new practice allowing officers to investigate complaints againstthemselves, all support my need to go to the District Attorney.In fact, the Mayorsuggested such at the June 7, 2011 City Council Meeting. A delegation of citizens to theDistrict Attorney's office, I am sure will make a big difference.

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    Ken Miller is spending GPD money (could be spent on raises) on Stephanie Walker andAssociates to get a planned outcome regarding questions of corruption in the GPD. ChiefMiller knows that officers will not be candid for fear of reprisal. I have seen the surveyand dependent on how the questions are answered, you can deduce who the officer is.Please take this bullet as an additional public records request regarding the total monies

    spent compensating Stephanie Walker and Associates and Dr. Kelly Graves from UNCG.. Over the last two (2) years, Michael Speed ling will be paid $210,000. He is responsible

    for everything in this letter regarding police, Exactly, what does he do, other thancondone police misconduct?

    Chief Ken Miller stated in his June 1,2011 interview on DigTriad.com that the GPD hadsixteen (16) vacancies, but he wasn't overly concerned. Since Chief Miller is not overlyconcerned, that is another $520,000 that could be utilized for raises for City Employees.

    Taxpayers will pay outside attorneys in the millions to defend possible upcominglawsuits, that it is obvious the City cannot defend (JUST HOLD PEOPLEACCOUNTABLE FOR DOING THEIR JOBS! t!). In addition, continued publicexposure will increase. the vulnerability of departmental members, and the City to

    litigation and POLICE MISTRUST. These are just some of the budgetary monies that have been wasted during your tenure,

    Mr. Young.

    Mr. Young, as a leader, you have to be a visionary and see or anticipate future positives andnegatives for your organization. Many officers are visionaries, but don't receive the credit theydeserve as it relates to seeing and understanding what is administratively transpiring. I amhoping you have envisioned the following, because a number of officers have.

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    for the next written complaint, to the City Council, regarding your failure to dispatch of yourduties and responsibilities:

    You are being compensated $187,000 to answer and resolve all employee and citizencomplaints. If you are not performing this duty, then why are the taxpayers compensating

    you? The core of Mr. Cherry's issues equate to what? Twelve (12) of fifteen (15) complaintsanswered, thirteen (13) of nineteen (19), etc. I think you get the message.

    You spoke about Mr. Cherry's complaints. What about Mr. Pryor's, Mr. Reyes, Mrs.Thomas', Reverend Nelson Johnson's, Revererid Cardes Brown's, etc.?

    Mr. Young, when you pick and choose whose complaints you will respond to, you arediscriminating and placing the City of Greensboro at risk of liability.

    Mr. Young, what criteria do you utilize to deem a response satisfactory? Doesn'tGreensboro City Policy mandate that you respond to all citizen and employeecomplaints?

    I haven't been employed with the City of Greensboro since August 30, 2010. Chief of

    Police Ken Miller orchestrating an operation to arrest me at a community meeting, andyou being provided a list of twenty two (22) police officers as witnesses, on November15, 2010, has nothing to do with August 30, 2010.

    I don't need to go any further. Again, thank you for all your assistance.

    Sincerely,

    Charles Cherry (citizen)