Complaint on City Mgr Rashad Young For Allowing Asst. Chief Anita Holder to Criminally Victimize Charles Cherry

8/6/2019 Complaint on City Mgr Rashad Young For Allowing Asst. Chief Anita Holder to Criminally Victimize Charles Cherry

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August 1,2011Mayor of Greensboro Bill Knight and the Greensboro City Council300 West Washington StreetGreensboro, North Carolina, 27401

Re: Complaint of Discrimination, Retaliation, and Failure to Dispatch of Duties andResponsibilities (Answer Employee and Citizen Complaints) Against CityManager, Mr. Rashad Young to Include Criminal Act Against Me Committedby City of Greensboro Assistant Police Chief Anita Holder, Which Mr. YoungAllowed, Condoned and Never had Criminally Investigated, or Took ProperCorrective Action

Mayor Knight and City Council:

On June 22, 2010, I submitted a written complaint to the office of City Manager Rashad Young,alleging that a crime was committed against me, by Greensboro Police Assistant Chief Anita"Holder. I alleged that Assistant Chief Holder solicited me to commit a crime, a felony, whichwas to fraudulently apply to the North Carolina State Retirement System, to receive medicalretirement benefits (monetary payments), for which Assistant Chief Holder and I both knew Iwas not entitled. Assistant Chief Holder's solicitation of me to commit said criminal act is aClass 1 misdemeanor under G.S. 14-2.6.On June 22, 20.10, Attorney At Law, Thomas F. Loflin III faxed a letter to Former Chief TimBellamy, and copied Assistant Chief Anita Holder, alleging that the same crime, previouslyreferenced, had been committed against me. The faxed letter verified with Mr. Loflin's office asbeing received by the GPD.Upon receiving a complaint against a City/Police Employee, the City, by policy, will send aletter to the complainant, acknowledging receipt of the complaint. The letter also restates theallegations, informs the complainant of who the investigator will be, and a contact number forthe investigator. The investigator makes contact with the complainant to verify and confirm thewritten allegations, and to make sure the complainant and the investigator have relayed allrelevant information. Upon completion of the investigation, the complainant is notified of theconclusions and findings of the investigator, by letter, always, and sometimes additionally inperson. Neither I nor Mr. Loflin was contacted in writing by any GPD investigator regarding theallegations against Assistant Chief Holder.On November 2, 2010, City Manager Rashad Young sent me a letter, which addressed mycriminal complaint against Assistant Chief Holder. Mr. Young writes, "Chief Holder is not amedical professional; and therefore, she should have not recommended or suggested thatyou pursue a medical retirement. I do believe that her reasons for doing so were notdiscriminatory or retaliatory. I concur with you that itwas not appl'opriate for Chief Holderto have recommended or suggested that you pursue a medical retirement. However, theevidence did not suggest that her motives were discriminatory." .


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a lawful reason to terminate my employment; or claim that I was mentally unstable tohave committed the crime, knowing that I had been cleared by a medical professional.Thus, discrediting and nullifying my claims of unfair treatment.

I have attempted to report this and other cr imes /GPD misconduct to current Chief of Police KenMiller, however, Chief Miller, in discriminatory manner, refuses to take and investigate mycomplaints. I have an e-mail and video footage to prove these allegations.Mr. Young never ensured that the crime committed against me was properly investigated, andthat Assistant Chief Holder was properly corrected and disciplined. The violation of NC GeneralStatute 14-2.6, Solicitation to Commit a Felony, committed by Assistant Chief Holder still hasalmost a year left on the statute of limitations.North Carolina General Statute 160A-155, entitled, Council to provide for administration inmayor-council cities, states, "The council shall appoint, suspend, and remove the heads of all citydepartments, and all other city employees; provided, the council may delegate to anyadministrative official or department head the power. to appoint, suspend, and remove cityemployees assigned to his department. The head of each department shall see that all laws ofthe State, the city charter, and the ordinances, resolutions, and regulations of the councilconcerning his department are faithfully executed." After eight (8) months, and by his responsesto direct questions of Councilwoman Diane Bellamy-Small, at City Council Meeting SpeakerFrom the Floor Segments on June 7 an June 21, 2011, it is clear that Mr. Young has condonedcrimes and other violations of city policies, to be committed against me, and others. Mr. Younghas not had this and a m:ultitude of other allegations properly investigated. However, it nowbecomes council's lawful dutY/obligation to have the criminal allegation properly investigated,also investigate my additional complaints against Mr. Young, and others, take propel'corrective and disciplinary action, and respond to me, the citizen.Because you are monetarily compensated elected officials and public servants, I trust you willcorrect, redirect and discipline your subordinate Mr. Rashad Young, accordingly. I humblyrequest a written correspondence regarding all of my complaints on Mr. Young, In addition,please be aware 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 his superiors (Mayor andCity Council), for proper investigation to occur. Apparently, he has not, because 110 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 complaint of alleged criminalmisconduct, by Assistant Chief Holder, and Failure to Dispatch of Duties by City ManagerRashad Young, to include allowing me to be victimized criminally, by GPD staff.In addition, I have just learned that I have been disallowed access to watch video of GreensboroCity Council meetings. This is a clear discriminatory and retaliatory act because I havecomplainted of violations of law and city policy, by City Administrators. I request that youdisable the "Granicus" protection against me immediately. How can a citizen that does not attend


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'Ii A 4 d l f Y I C f 1 f ; J t ICity of Greensboro~ ~ North Carolina Office of the City Manager

November 2,2010

Mr. Charles E. Cherry2104 Liberty Valley RoadGreensboro, NC 27406Re: Employee Complaint Concerning Alleged Threats of TerminationDear Mr. Cherry:I write to address your employee complaint dated June 22, 2010. You alleged that AssistantChief Holder threatened your employment for discriminatory and retaliatory reasons. Inparticular, you claim that Chief Holder threatened you with termination if you did not releasecertain medical records to Dr. Cuttler.Directive S.2,4 provides in pertinent part:

During evaluation and subsequent treatment, if deemed necessary, the employee willtruthfully answer all questions directed to him and provide complete information anddocuments deemed necessary by the Department psychologist or any outside consultantto whom the member is referred.

My investigation revealed that Chief Holder reminded you of your responsibility to providecomplete information and documents that are deemed necessary by the psychologist. Indeed,your failure to cooperate with a referral for psychological assessment could have subjected youto corrective action, up to and including dismissal from employment. It is entirely appropriate fora supervisor to advise a subordinate ofthe potential consequences oftheir behavior.Next, you allege that Chief Holder said that "you are not going to be here long." Myinvestigation revealed that Chief Holder did not threaten your employment. Rather, she opinedthat if the administrative charges against you were sustained then your employment may well bein jeopardy. You claim that she also suggested that you pursue a medical retirement. It is not theCity's policy or practice to encourage an employee to retire for medical. reasons. It is the City'Spolicy to first provide a reasonable accommodation, if possible, so that an employee with adisability may remain employed. I have directed the Human Resources Department to takeappropriate steps to remind all supervisors of the City'S obligations under our Separation forDisability and Reasonable Accommodations policies. If an accommodation is not possible then amedical retirement may be appropriate. Chief Holder is not a medical professional; andtherefore, she should not have recommended or suggested that you pursue a medical retirement. Ido believe that her reasons for doing so were not discriminatory or retaliatory.

P.O. Box 3136 Greensboro, NC 274023136 www.greensboro-nc.gov . (336) 373-2002 . (336) 373-CITY (2489)
http://www.greensboro-nc.gov/http://www.greensboro-nc.gov/


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cc: Personnel File

Charles CherryOctober 28,2010Page 2

My investigation did not reveal that Chief Holder threatened your job. She did advise you of thepotential consequences if you failed to cooperate with the referral for psychological assessment.In the second instance, Chief Holder gave her opinion that if the investigations of you revealedviolations of departmental directives then your employment. could be in jeopardy. Iconcur withyou that it was not appropriate for Chief Holder to have recommended or suggested that youpursue a medical retirement. However, the evidence did not suggest that her motives werediscriminatory or retaliatory. In any case, I am directing the Human Resources Department totake steps to remind all supervisors of the City'S procedures under om Separation for Disabilityand Reasonable Accommodation policies.This reply concludes my review of this matter entirely. You have no additional appeals availableregarding this issue.Sincerely,

RMY/mm


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November 5, 2010i U . ( : 1 E I V E D

N O V 0 5 2 0 1 0C i t y M a n a g e r Q s O f f i c eity Manager, Mr. Rashad Young

300 W. Washington StreetGreensboro, North Carolina 27401

( A U G 0 1 2 0 1 ' 1.Reference: Complaint of Discrimination, Retaliation, Harassment and Unfair Treatment ofCitizen by City Manager Rashad Young (Rashad Young's Response To June 22, 2010Complaint Document) and Chief of Police Ken Miller (At Trotter Recreation Center CommunityMeeting)Dear Mr. Young:On November 4, 2010, I received your response document to me with a reference (subject) of"Employee Complaint Concerning Alleged Threats of Termination." Your document is datedNovember 2, 2010. Mr. Young you have been discriminatory, retaliatory, unfair and harassing inyour treatment of me, regarding the November 2,2010 document in that:

I was terminated by you on October 28,2010. You constructed the response document, tomy complaint, five (5) days after you had already rejected my appeal and terminated me.

I made the said complaints on or about June 22, 2010, as an employee of the City ofGreensboro. You did not respond to my complaint while I was an employee ofthe City ofGreensboro. You didn't respond until I became a citizen (unaffiliated with the City byemployment).

You responded to my complaint four (4) months after I made the complaint. You concurred with the fact that it was improper for Assistant Chief Holder to have

recommended that I take a medical retirement. This allegation was part of my appeal,which was based upon many facts, to include Assistant Chief Holder's ability to be fair tome, being questioned, because Assistant Chief Holder was implicated in my grievancesand complaints. You could not have considered Assistant Chief Holder's violation,because your investigation was not concluded until after I was terminated.

You did not indicate that any corrective action was taken as it relates to Assistant ChiefHolder. Thus, Assistant Chief Holder was not held accountable for her actions.

I will write your response letter to my complaint (in italics), and I will respond in normal print.Your response letter (in italics) and my responses to your letter are as follows:

Dear Mr. Cherry, I write' to address your employee complaint dated June 22, 2010. You allegedAssistant Chief Holder threatened your employment for discriminatory and retaliatory reasons.In particular, you claim that Chief Holder threatened you with termination if you did not releasecertain medical records to Dr. Cuttler.Directive 8.2.4 provides inpertinent part:During evaluation and subsequent treatment, if deemed necessary, the employee will truthfullyanswer all questions directed to him and provide complete information and documents deemed


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Assistant Chief Holder knew or should have known that I had no disability and had notbeen diagnosed with a disability, at the time she solicited me to take a medical retirement.

Assistant Chief Holder is not a medical professional. Assistant Chief Holder knew that I would have to provide false, fraudulent information to

the North Carolina State Retirement System to apply for and receive a medicalretirement, and payments.

necessary by the Department psychologist or any outside consultant to whom the member isreferred.My investigation revealed that Chief Holder reminded you of your responsibility to providecomplete information and documents that are deemed necessary by the psychologist. Indeed,your failure to cooperate with a referral for psychological assessment could have subjected youto corrective action, up to and including dismissal from employment. It is entirely appropriatefor a supervisor to advise a subordinate of the potential consequences of their behavior. CharlesCherry'S Response: Without regurgitating my entire complaint and grievance, to include theconspiring of Assistant Chiefs Crotts and Holder and Dr. Cuttler, it is a fact that I did not providemy personal medical records to Dr. Cuttler. These records were deemed necessary by Dr. Cuttler.After Dr. Cuttler began to unethically assess me and was exposed, I was referred to a secondpsychologist. IfI didn't provide the records to Dr. Cuttler and Assistant Chief Holder was only"reminding" me of my responsibility, then why was I not investigated for refusing to provide therecords?

Next, you allege that Chief Holder said that "you are not going to be here long." Myinvestigation revealed that Chief Holder did not threaten your employment. Rather, she opinedthat if the administrative charges against you were sustained then your employment may well bein jeopardy. Charles Cherry's Response: Mr. Young, when Assistant Chief Holder made thestatement "Charles, let's face it, you are not going to be here long," there were not any pendingadministrative charges against me. I was not even interviewed by Professional Standards untilJune 24,2010. Assistant Chief Holder made the statement on June 21,2010.You claim that she also suggested that you pursue a medical retirement. It is not the City's policyor practice to encourage an employee to retire for medical reasons. It is the City's policy tofirstprovide a reasonable accommodation, if possible, so that an employee with a disability mayremain employed. I have directed the Human Resources Department to take appropriate steps toremind all supervisors of the City's obligations under our Separation for Disability andReasonable Accommodations policies. If an accommodation is not possible then a medicalretirement may be appropriate. Chief Holder is not a medical professional; and therefore, sheshould not have recommended or suggested that you pursue a medical retirement. I do believethat her reasons for doing so were not discriminatory or retaliatory. Charles Cherry's Response:Mr. Young, not only were her actions discriminatory, retaliatory, unfair, intimidating andharassing, they were also criminal. Assistant Chief Holder was in violation of North CarolinaLaw, Solicitation to commit a felony or misdemeanor. The felony or misdemeanor wasObtaining property (medical retirement benefits and payment) by false pretense. Assistant ChiefHolder committed this act by doing the following:


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In the second instance, Chief Holder gave her opinion that if the investigations of you revealedviolations of departmental directives then your employment could be . in jeopardy. CharlesCherry's Response: Mr. Young, when Assistant Chief Holder made the statement "Charles, let'sface it, you are not going to be here long," there were not any pending administrative chargesagainst me. Iwas not interviewed by Professional Standards until June 24, 2010. Assistant ChiefHolder made the statement on June 21,2010.

My investigation did not reveal that Chief Holder threatened your job. She did advise you of thepotential consequences if you failed to cooperate with the referral for psychological assessment ..

I concur with you that it was not appropriate for Chief Holder to have recommended orsuggested that you pursue a medical retirement. However, the evidence did not suggest that hermotives were discriminatory or retaliatory. In any case, I am directing the Human ResourcesDepartment to take steps to remind all supervisors of the City's procedures under our Separationfor Disability and Reasonable Accommodation policies. Charles Cherry's Response: Yourconcurrence with me is acknowledgment that Assistant Chief Holder violated the law. Mr.Young, you have exceeded your scope of authority. You cannot investigate the criminalallegations against Assistant Chief Holder, as you are not a law enforcement officer. TheGreensboro Police Department's Criminal Investigative Division would have to conduct thatinvestigation. I am of the opinion that the District Attorney's office would prosecute, because thealleged violation was carried out with malice. Please note that Attorney Thomas Loflin faxed aletter to Former Chief Bellamy and Assistant Chief Holder on June 22, 2010, reporting AssistantChief Holder's violation of North Carolina Law. In addition, Assistant Chief Holderacknowledged receipt ofthe letter, by the City of Greensboro.This reply concludes my review of this matter entirely. You have no additional appeals availableregarding this issue. Charles Cherry's Response: Mr. Young, why would I contemplate anappeal, when you terminated me prior to investigating my complaint?End of City Manager Rashad Young's November 2,2010 response document and CharlesCherry's responses.On November 4, 2010, at 6:30pm, I attended a community forum at the Trotter RecreationCenter, located at 3906 Betula Street. At approximately 8:15pm, Chief of Police Ken Millercompleted his speech to the community and opened the floor for questions and comments. Ireported to Chief Miller that his Assistant Chief Dwight K. Crotts, was on YOUTUBE violatingNorth Carolina Personnel Privacy Law.Police Chief Ken Miller refused to take my complaint, investigate my complaint, allow me to askany further questions, or elaborate on my original question/reported violation. I even offered topull the audio recordings up on computer as there was internet and computer access at themeeting. Police Chief Ken Miller discriminated, retaliated, intimidated and treated meunfairly by not taking my allegation of misconduct against Assistant Chief Crotts. Police ChiefKen Miller is also in violation of Greensboro Police Department Directive 1.5.12 DutyResponsibilities, which states, "Employees shall perform all duties as required by law andcompetent authority, regardless of their specific assignment or job description. They shall


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Chief Miller will continue to mistreat me and deny me my rights as a citizen until Ilitigate. What if I don't choose to litigate?

Violations of laws, rules, regulations and policies must be addressed, regardless of thefact that the reporting party also has an option to litigate with the City. Chief Miller conducted himself in this discriminatory, rude manner not only in front ofcitizens, but also in front of his subordinate command staff. These subordinate commandstaff members, can now mimic their leader's actions, without fear of reprisal. Thisattitude will soon permeate our entire police department. .

The community and GPD Command Staff witnessed their leader dismiss allegations ofmisconduct.

I have a legitimate concern that my family or I may be subjected to future mistreatment ifI simply exercise my right as a citizen to attend community meetings and ask questions.

Chief Ken Miller threatened to ask me to leave the meeting, simply because I posedquestions that alleged violations of law, policy and rules by his staff. This is clearretaliation, and an abuse of power, which will permeate our agency. What sense of fairtreatment does any citizen have against unbridled police authority?

perform their duties in such a manner as to effectively carry out the functions and objectives ofthe Department. Employees assigned to specialized duties are not relieved of the responsibilityof taking prompt action in the matter of any violation of law or rules of the Departmentcoming to their attention, unless specifically authorized by competent authority, directive, 01'procedure."Police Chief Ken Miller was further discriminatory, retaliatory and intimidating when heinformed the meeting attendees who I was, after I asked a question. I informed Chief Miller thatthe fact that Iwas a former GPD employee was irrelevant. Chief Miller continued to use the factthat I recently worked for the police department as a tool to incite the citizens against me, andnot allow me the right to ask questions and utilize police resources (namely himself). Chief KenMiller's strategy to garner support of his discriminatory, retaliatory treatment of me was evidentas one (1) citizen told me to be quiet. Others applauded Chief Ken Miller's actions. Chief KenMiller did not identify who any of the other citizens were that asked questions. Chief Millersimply answered their questions. Only I was subjected to this treatment. Chief Ken Miller wenton to state that he would answer further questions unless they were posed by Charles Cherry. Inthe event that Iosed a question, the Chief expressed that he would not answer.Chief Ken Miller subjected me to similar discriminatory treatment at a community meeting onOctober 28, 2010. I have already reported this incident to you.Chief Miller suggested that Ieeded to litigate. This is especially intimidating and discriminatoryin that:

Assistant Chief Crotts, in the four (4) minute audio, appears to be clearly violating NorthCarolina General Statute 160A-168 Personnel Privacy, subsection (c2) (e) which states, initalics, "A public official or employee who knowingly, willfully, and with malice permits anyperson to have access to information contained in a personnel file, except as is permitted by this


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section, is guilty of a Class 3 misdemeanor and upon conviction shall only be fined an amountnot more than five hundred (500) dollars. "Two (2) audio recordings of Assistant ChiefD.K. Crotts were placed on the YOUTUBE website.These recordings can also be located on the Beloved Community Center website,www.belovedcoml11unitycenter.org. One (1) only needs to place DK Crotts in the search bar.One (1) of the recordings is slightly over four (4) minutes and the other is slightly over five (5)minutes. These recordings are related to an investigation regarding Greensboro Police OfficerRobert Reyes.It should also be noted that Police Chief Ken Miller was rude to Reverend Randall Keeney of theSaint Barnabas Episcopal Church. Chief Miller loudly scolded Reverend Keeney simply becauseReverend Keeney asked Chief Miller a question, in which it appeared Chief Miller did notparticularly like. Chief Miller stated that he had met with Reverend Keeney on a previousoccasion for two (2) hours and that Reverend Keeney expressed pleasure with the direction thedepartment was headed. Then Chief Miller scolded Reverend Keeney for "challenging him(Miller) at a community meeting." The Chief also made reference to it being "his (the Chief's)forum." Please inform the Chief that he is a public servant and expected to treat all members ofthe community with fairness, dignity, respect and consistency. In addition, the forum was thecommunity's, not the Chief's.Mayor Bill Knight, Assistant City Manager Mr. Michael Speedling, and City Council MemberTrudy Wade were present and witnessed the violations by Chief of Police Ken Miller. Localmedia was present and recorded the events as well as the Beloved Community Center located at417 Arlington Street.Mr. Young, our police leader, Chief Ken Miller has four (4) allegations of discrimination, etc.against him, one (1) allegation of violation of GPD Directive 1.5.12 Duty Responsibility andthree (3) allegations of violation of GPD Directive 1.5.2 Conduct Towards the Public andEmployees against him. These complaints were made by three (3) different individuals.Your prompt attention, to include investigation and accountability regarding my allegations isgreatly appreciated.J~~.t~AMvCharles E. Ch~n:;"'(~~en)
http://www.belovedcoml11unitycenter.org./http://www.belovedcoml11unitycenter.org./


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" .

LAW OF FICE STHOMAS F. LOFLIN III

123 ORANGE STREETDURHAM, NORTH CAROLINA 27702r i < E : . ( , : ; i : _ : ~ ~ > l r : : I ) (919) 682-0383CORRESPONDENCEP. O. BOX 1315June 22, 2010

T. R. Be llarnyChief of PoliceC ity o f G reensbo roP.O. Box 3'136G reensboro , N orth C aro lina 27402-3136

( A U G 1 2 0 1 1

V ia First-C lass M ail &Facsimile (336-373-7721

Re: Capt. C . E . CherryD ear Chief Bellam y:

I represent Capt. Cherry on the issue o f his being ordered to subm it to a fitness fo r dutyeva lua tion and the rela ted issue o f his being required by Asst. Chief A. L. Holder 10 fu rnish tothe puta tive eva! u a to r -- D r. M ichael J. Cuttler -- a copy of the repo rt o f priva te eva lua tion tha the had done at his own expense, and which reporl is pro tected by federa l Jaw , on pain o fadm inistra tive punishment up to discharge if he refuses to supply the report.

It is strongly Capt. Cherry 's positio n tha t Dr. Cuttler has an ethica l conflict in eva lua tinghim because D r. Cuttler is, o r a t least was, in a priva te business w ith Asst. Chief Ho lder and alsoAsst. Chief D . K . C ro tts. I have, contemporaneously with this letter to you, ra ised w ith D r.Cu ttler his confl ict and requested tha t he decline to eva lua te Capt. Cherry on ethica l grounds.

There is no reasonable basis fo r Capt. Cherry to be evalua ted under Po lice Departm entpo licies and regula tions because there is no valid reason to suspect tha t he is menta lly o remotiona lly unfit fo r duty . H is filing grievances and/o r assisting o ther o fficers in their .exercising their lega l right to do same is certa inly no basis to suspect Capt. Cherry is unfit fo rduty . The evidence I have seen to date shows the filing o f the grievances, proper to do underCity rules, po licies, and regula tions, and the fact he is A frican-American are the only reasonswhy Capt. Cherry is being asked to undergo such an evalua tion. H is being required to beevalua ted fo r these reasons is unlaw ful, and smacks o f Russia under communism when thegovernment answered valid criticism and democra tic action by individua ls w ith the bogusassertion tha t they were menta lly and emo tiona lly unstable -- in an effo rt to silence andintim idate them . Capt. Cherry , therefo re, reserves the right to assert in the pending federa l suit inwhich Capt. Cherry is a P la in tiff any required evalua tion as ano ther act o f racia l d iscrim inationo f the C ity and its Po lice D epartm ent.

If, after receiv ing this letter, y our Depa rtment still requires Capt. Cherry to undergo amenta l and/o r emo tiona l eva lua tion , on his behalf 1 am able to o ffer this comprom ise: Capt.Cherry w ill subm it to an evalua tion by a qualified, licensed pro fessiona l who docs no t have aconflict -- tha t is, who is no t a ligned or a ffilia ted in any way w ith o fficers o r o fficia ls o f the C itywho outrank Capt. Cherry and/o r who are the subject o f any grievances o r compla in ts filed byCapt. Cherry . Capt. Cherry w ill waive his right to privacy and provide such conflict-free andunbiased pro fessiona l menta l hea lth eva lua to r w ith a copy of the report o f the priva te eva lua tiontha t he obta ined at his own expense. Capt. Cherry is w illing to select and see a licensed


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Yours very trul y,

psychiatrist or psychologist at his own expense. If the City or the Police Department selects anindependent qualified expert, Capt. Cherry will see him or her for evaluation and provide th ereport of his prior evaluation, but he would want the City to pay the expert whom it selects.

Finally, I sadly feel compelled to report to you potential criminal conduct by Asst. ChiefHolder. Im reliably informed that during a conversation between Asst. Chief Holder and Capt.Cherry about his being required to provide a report of a private professional evaluation that hehad obtained at his expense to Asst. Chief Holder's business or previous business associate (Dr.Cuttler), she encouraged him -- Capt. Cherry -- to file for disability payments. As Capt. Cherryis not disabled within the City'S criteria, as he knows in fact that he is not, and as Asst. ChiefHolder knew or should have known this, for Capt. Cherry to so file would have been a Class Hfelony under North Carolina law of attempting to obtain property by false pretenses. N.C.O.S.14-JOO(a). Capt. Cherry declined the invitation to commit such felony. Any solicitation by Asst.Chief Holder for Capt. Cherry to commit this felony would constitute under North Carolina lawthe offense of solicitation of a Class H felony, which is a Class 1 misdemeanor under a.s . 14-2.6. 1 regretfully feel compelled to bring this conduct of Asst. Chief Holder to your attention as alaw enforcement officer and as her superior officer.

I would request a reply from you in writing by 5 p.m. on Thursday, June 24, 20](), lettingme know whether you will rescind the requirement that Capt. Cherry undergo a fitness-far-dutyevaluation and -- if Dot -- whether you will accept the compromise proposal that Capt. Cherryundergo evaluation by an independent qualified expert chosen by him at his expense or by thePolice Department at its expense.

v7~J~I-,Thomas F. Loflin II I

TFL:acc by fax & Ist-class mail:

Capt. C. E. CherryAsst. Chief A. L. Holder

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-.. :. !L.,~ ~.:I I~;~~ - 33

P RO VID IN G CO UN SE LIN G, T RA IN IN G, A ND M OTIV A

June 15,2010Police Chief Tim Bellamy300 W. Washington StreetGreensboro, NC 27401Dear Chief Bellamy.Within the past several weeks Captain Charles E. Cherry has been under my therapeuticsupervision. During the course of this supervision I have had the opportunity to interact withCaptain Cherry as well as assess the existence, nature, and extent of mental health disabilities.It is unusual for individuals presenting with the issues noted by Captain Cherry to seek mentalhealth interventions. He is typical of a well-functioning, non-disturbed individual who is not inmental health treatment.I am aware that Captain Cherry has submitted several grievances to appropriate departmentalpersonnel. These submittals appear to be reasonable reactions to identifiable challenges inthework environment.Itis my professional opinion that Captain Cherry is mentally fit for duty and is capable ofexercising independent judgment, recognizing parameters or authority, and functioningeffectively within departmental policies.

cc: Captain Charles E. Cherry

Documents

Complaint on City Mgr Rashad Young For Allowing Asst. Chief Anita Holder to Criminally Victimize Charles Cherry