Police Department

City of Greensboro

December 14, 2010

TO: Chief of Police Ken Miller (Through Channels)

FROM: Officer, D.V. Thomas, Support Bureau, Operational Support Division, Legal
Support

SUBJECT: Complaint of Continued Retaliation, Discrimination,

Harassment, Unfair Treatment and Hostile Work
Environment by Sergeant D.J. Davis to Include Sergeant
Davis’ Investigation of Me Because A Complaint Was Filed
Apparently 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 Directive
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.”

City Policy H-5 Employee Assistance Program, Organizational Rules Section 5.1 states: The
Employee Assistance Program (EAP) is essentially a self-referral program but supervisors may
recommend. An employee is encouraged to personally contact the EAP counselor or any
community agency for confidential counseling, referral or treatment.

On September 13, 2010, October 8, 2010, and October 22, 2010, I constructed complaint and
appeal documents addressed to City Manager, Mr. Rashad Young. These documents contain
allegations against a number of individuals. Because Sergeant D.J. Davis continues to harass,
intimidate, retaliate and discriminate against me because I have filed complaints, this document
is 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 my
aforementioned complaints have been legitimately investigated. This is confirmed by Sergeant
Davis stating, during a previously recorded interview that he will investigate himself; it appeared
the 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 documentation. The
December 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 continuing
to place me in a hostile work environment, by investigating me, because a citizen apparently
filed a complaint of discrimination, retaliation, intimidation and a hostile work environment on
my behalf, on or about October 22, 2010.

In addition, Sergeant Davis is retaliating, discriminating, intimidating, and harassing me and

treating 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 my
allegations. The information is as follows:

 Upon summoning me to his office, Sergeant Davis made me aware that he was
investigating me.Sergeant Davis never gave clear a reason(s) for investigating me.
Sergeant Davis served me with a notification which stated, “The purpose of this
memorandum is to notify you that an administrative investigation is being conducted to
determine whether or not you violated D.D. 1.4.5 Obedience To Orders and D.D. 3.9.2
Procedural Steps. Attached to this memorandum is a copy of (PS-POL-118-670) The
Employee Administrative Rights and Responsibilities Form. Upon completion of this
administrative investigation, you will be notified.” End of Notification: The notification
clearly displays retaliation, discrimination, harassment, intimidation and incompetence.
The notification does not dictate what specific act I allegedly committed that would be in
violation of any Departmental Directive. Procedurally, Sergeant Davis must notify me of
a specific alleged violation.
 Sergeant Davis is investigating me because a citizen apparently filed a complaint of
discrimination, retaliation, harassment, intimidation and hostile work environment, on my
behalf. This is clear discrimination, retaliation, harassment and intimidation.
 Sergeant Davis is investigating me because I have filed complaints on him (Sergeant
Davis). This is clear retaliation, discrimination, harassment and intimidation.
 Sergeant Davis stated that he had to figure out how my October 22, 2010, document got
to the City Manager’s Office. Even though Sergeant Davis threatened me, he was not
concerned 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 the
Reverend 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
(throughout the recorded interview) relating to how my complaint got to the City
Manager’s Office. Even after I explained to Sergeant Davis that I did not take a
complaint to the City Manager’s Office. This clearly displays discrimination, retaliation,
harassment and intimidation, in that Sergeant Davis compelled me to attempt to file a
complaint against Sergeant Davis to Sergeant Davis, with no other avenues available to
me.
 Sergeant Davis continued to harass, intimidate, retaliate and discriminate against me
asking if I knowingly allowed someone to take the October 22, 2010, complaint
document 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 my
information with my confidential counselor(s), through the City’s Employee Assistance
Program.
 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 meeting
on 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 be
forwarded through channels to the City Manager. Sergeant Davis would not accept the
document to forward through the chain of command, and then initiated an investigation
on me, because a citizen apparently took the document to the City Manager’s Office. I
called Sergeant Davis, drove twenty two (22) miles, while out sick, under a physician’s
care to deliver the document to Sergeant Davis.
 Sergeant Davis continued to harass, intimidate and discriminate against me by informing
me that I should have come into his office and discussed my October 22, 2010 document
with him while I was out sick and under a physician’s care. On October 20, 2010 I
provided Sergeant Davis with a notification from Dr. Veita Bland that I had been seen in
her office and that I would return to my normal duties on November 22, 2010. On
October 21, 2010 Sergeant Davis harassed me by calling my residence and inquiring why
I was not at work.
 On December 6, 2010, Sergeant Davis continued to harass, intimidate and discriminate
against me by suggesting that because I interacted with my confidential counselor,
October 22, 2010, that I should have spoken with Sergeant Davis. Sergeant Davis stated
that a conversation with my confidential counselor, through EAP, and a conversation
with him are about the same. I find these statements are rather troubling because Sergeant
Davis can be heard on a previous recording advising that we (he and I) will try to “hash it
out.” Sergeant Davis referred to my complaint as “crap.”
 Sergeant Davis continues to harass, discriminate and intimidate me by keeping me on the
Employee Improvement Program although he stated the investigation(s) (utilized for
placing me in the Employee Improvement Program) were “bullsh*t.” I request to be
removed from the Employee Improvement Program and or Professional Standards
Program, immediately. I request all unfair treatment cease and desist.

On December 10, 2010, Sergeant Davis summoned me to his office. I recorded the meeting. The
meeting was in reference to a Thirty Day Evaluation, relating to the Employee Improvement
Program. Please note the following continued confirmation of retaliation, discrimination,
harassment, intimidation and a hostile work environment imposed upon me by Sergeant D.J.
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 in
Legal Support (Warrant Squad). During this thirty (30) day period, Officer Thomas has
performed at a Level III.”

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 Sergeant Davis has observed my work from October 6, 2010 through October 18, 2010, a
period of eight (8) workdays. Sergeant Davis did confer with me and expressed his
displeasure with me as it related to me filing complaints directly to the City Manager’s
Office. This was done even though I had received disciplinary actions that could only be
rescinded by the City Manager. No discussion, concern, direction or correction was
expressed 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’s
care. I returned to work on December 6, 2010. Sergeant Davis immediately began a
retaliatory investigation on me. On December 10, 2010, Sergeant Davis served me with a
memo 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 evaluation
covers, on the document. This document is dated December 10, 2010.
 The first paragraph of the December 10, 2010 document states, (in italics): “Officer
Thomas continues to learn the different aspects of the Legal Support; she has worked in
the office with minimal problems and mistakes as well as the apprehension team and the
jail assignment.” Sergeant Davis was unable to tell me, upon request, what minimal
problems 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.
 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 and
allowed 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 October
15, 2010 I responded to the complaint and during the conference with Officer Thomas,
Officer Thomas was given a direct order to adhere to all sections of Departmental
Directive 3.9 in regards to filing any future grievance or complaints. On October 22,
2010 Officer Thomas did allow another complaint to be filed through the City Manager’s
Office. During which time Officer Thomas had been placed on sick leave by Dr. Velta
Bland from October 19, 2010 to November 22, 2010. The sick leave was later extended to
December 6, 2010.” How do you “allow” another complaint to be filed, and what is the
City Policy, Departmental Directive, State or Federal Law on allowing complaints to be
filed? Why is this statement in my evaluation? Sergeant Davis is clearly harassing,
intimidating, retaliating, discriminating against and perpetuating a hostile work
environment for me, to include lowering my evaluation because I filed complaints. How
can Sergeant Davis evaluate me detrimentally for filing complaints, being placed on sick
leave or someone filing a complaint apparently on my behalf, with or without my
knowledge?
 Sergeant Davis states in the fourth paragraph of the document, (in italics): “Officer
Thomas 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 through
channels. This complaint was not delivered to her supervisor but was delivered to the
City Manager’s Office with a cover letter attached, authored by her counsel Mr. Nelson
Johnson.” Why is this statement in my evaluation? On December 6, 2010, Sergeant
Davis advised me that he was extending my time to be evaluated. Sergeant Davis is
clearly harassing, intimidating, retaliating, discriminating against and perpetuating a
hostile work environment for me, to include lowering my evaluation because I wrote a
complaint, 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 Davis
refused to receive the document and follow Greensboro Police Department Directive
1.5.25 Forwarding Correspondence.
 Sergeant Davis states in the fifth paragraph of the document, (in italics): “During this
evaluation 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 with
Medical Services at Patton. The city doctors will need to clear you for duty.” Officer
Thomas responded with this e-mail, “Can you advise which policy requires me to be
cleared by the city doctors? Is this the standard for everyone (example if someone had
pneumonia and was absent for several weeks) City Policy F-6 Family Medical Leave and
Police Departmental Directive 6.4 Limited Duty requires reporting to Medical Services;
however, I am taking sick Leave and there is no such provision listed.” I (Sergeant
Davis) then turned the matter over to Human Resources and only then did Officer
Thomas make the appropriate arrangements to return to work.” I (Sergeant Davis’
subordinate) simply asked Sergeant Davis (my supervisor) a question. I am still not clear
on 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) consecutive
days of sick time. Who should I ask questions, if not my supervisor? What matter did
Sergeant Davis turn over to Human Resources? What does “only then did Officer
Thomas make the appropriate arrangements to return to work” mean? I was present at
the appointment, provided a note from Dr. Bland, and returned to full duty status. What is
the problem, and why is this in my evaluation?
 Sergeant Davis states in the sixth paragraph document, (in italics): “Officer Thomas
should familiarize herself and understand Departmental Directive 1.4.5 which states,
Employees shall promptly obey any lawful written or verbal order or directive of her
superior or any employee who is serving in the capacity of a superior, including any
order relayed from a superior by an employee of the same or lesser rank. Failure to obey
is 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 not
obey a lawful order by a superior? Why is this in my evaluation if no allegation, incident,
or completed investigation can be cited?
 Sergeant Davis states in the document, (in italics): “Officer Thomas’ unwillingness to
follow lawful orders and departmental directives continues to affect her ability to
function properly in a para-military organization such as the Greensboro Police
Department.” What sustained investigation or incident is Sergeant Davis referring to in
which I did not obey a lawful order by a superior? Why is this in my evaluation if no
allegation, incident, or completed investigation can be cited? How has my
performance/ability to function been affected? Sergeant Davis did advise me that he
evaluated my attitude as well as my performance. Sergeant Davis has no documentation
that reveals my attitude has affected my performance. I have complied with and will
continue to comply with all lawful and competent orders.
 On December 10, 2010, and after I had departed Sergeant Davis’ office he contacted me
via work cell phone and stated “Deborah did you say that you recorded me when I said
that Sergeant Heard’s investigations was bull crap?” Chief Miller this is pure
harassment. 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 has
already advised me in October 2010 that he did not want to see anything happen to me
and 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 squad
assignment during the meeting, on December 10, 2010, even though he was aware that he
was being recorded. It seems as though Sergeant Davis is attempting to fabricate a
reason 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 quickly
address the following, but not all inclusive information confirming my mistreatment by Sergeant
Davis:

 I and apparently on my behalf others have submitted complaint documents dated

September 13, 2010, October 8, 2010, October 22, 2010 and this document. These
complaints have uninvestigated allegations against several individuals to include
Sergeant 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 is
confirmed by documentation and recording.
 Sergeant Davis stated that the investigation(s) for which I am in the Employee
Improvement Program was “bullsh*t.” This is confirmed by recording.
 Sergeant Davis retaliated against me for utilizing the City’s Employee Assistance
Program (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 to
result in an adverse circumstance for me and my family (loss of employment or job transfer).
This will protect Sergeant Davis and others from proper investigation of my complaints. Please
take the appropriate investigative actions and have Sergeant Davis refrain from his
discriminatory, 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 seek
a 50C order, which I am considering.

Your assistance in this matter is greatly appreciated.

Officer D. V. Thomas, Support Bureau Operational Support Division

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Attachment #1: December 6, 2010 Notification of Investigation from Sergeant D.J. Davis to
Officer D.V. Thomas
Attachment #1: October 1, 2010 (First Thirty Day Evaluation, relating to Employee
Improvement Program)
Attachment #3: December 10, (Second Thirty Day Evaluation, relating to Employee
Improvement Program) from Sergeant D.J. Davis concerning Officer D.V. Thomas