Council huddles with lawyers

Closed session dominates called meeting

Issues involving a personnel matter and a filed legal claim were the only topics Thursday afternoon at a called meeting of the Fayetteville City Council.

Council members voted immediately to go into executive session to discuss the issues. When asked if the personnel issue would include the presentation of evidence or argument, Mayor Kenneth Steele said it would not.

It was unknown at press time whether the executive session issues were related to the escalating controversy surrounding recent claims by former Fayetteville police officer Harold Simmons over alleged discriminatory practices and what he called a hostile working environment within the Fayetteville Police Department.

Simmons gave city officials earlier this week a letter requesting that he be reinstated, and he asked that his request be addressed in writing within three business days. Thursday was the third day since he filed his request.

The council meeting came in the wake of a series of events that began last month when Simmons filed complaints with the federal Equal Employment Opportunity Commission (EEOC) alleging racial discrimination as the motivating factor in his termination April 14 for insubordination. The termination came when Simmons refused to apologize to two fellow officers he had taped without their knowledge. His taping of the oficers, said Simmons, was one that other officers had participated in as a result of an environment of hostility and retribution that existed in the department.

Responding to questions related to Simmons’ firing, the City of Fayetteville issued a statement April 21 disputing charges of discrimination, stating that an independent hearing officer had determined that no discrimination existed in the city’s requirement that Simmons apologize.

Responding May 3 to questions related to overall morale in the police department and to officers taping each other, Roberts was emphatic that his department did not suffer from morale problems. Contrary to statements made by Simmons, Roberts insisted that he maintained an open-door policy for officers to surface issues and concerns without fear of retribution. Addressing Simmons’ claim that other officers taped each other, Roberts said, “I have no knowledge of it. The only one I know of that did that is Harold Simmons.” Roberts acknowledged that he had taped Simmons during during a previous meeting, adding that he did so as a matter of official police business.

The brewing conflict intensified at the May 5 City Council meeting, when the chambers filled with Simmons’ supporters burst into cheers and applause amid a standing ovation after the former officer finished his remarks to the council.

Addressing the council, Simmons was explicit about the hostile work environment that he claimed permeated the police department. Simmons called for the dismissal of Roberts, Maj. Steve Ledbetter and city manager Joe Morton. Simmons’ allegations, including those unrelated to his termination, rested primarily with Roberts, but also with Ledbetter and Morton, who Simmons said had allowed Roberts and Ledbetter to perpetuate a hostile work environment.

“He (Roberts) runs that place like a tyrant,” Simmons told the council. “He’s got people afraid to say the truth. He’s got people afraid for their jobs and for their lives. Y’all see one side of Johnny Roberts, but you don’t see the side we see every day. You don’t see the side of Steve Ledbetter we see every day.”


		Friday, May 13, 2005