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Roberts, Ledbetter on city payroll until August

Separation agreements outline compensation details

By BEN NELMS
bnelms@TheCitizenNews.com

The unexpected departure of Fayetteville Police Chief Johnny Roberts and Maj. Steve Ledbetter May 19 was accompanied by separation agreements that provided salary and insurance benefits until late summer.

Based on his May 19 retirement agreement, Roberts will continue to receive his $3,359.94 bi-weekly paycheck until Aug. 31. His city health and medical insurance will also be effective until that date as will accrual of pension benefits.

Ledbetter’s resignation agreement, also signed on May 19, read essentially the same as Roberts’. Ledbetter will receive his $2,497.01 bi-weekly paycheck until Aug. 1. He will be entitled to the city’s health and medical insurance during the same period.

Referenced in both agreements was a section referred to as “Additional Consideration.” Contained therein was a reference to “an added and material inducement to Officer to waive any and all claims of any nature whatsoever” relating to the Age Discrimination Act (ADEA) of 1967. The city agreed to pay “retirement benefits” to Roberts and “resignation benefits” to Ledbetter in exchange for the waiver of rights or claims he might have under ADEA. “The Officer hereby acknowledges and agrees,” the document continued, “that this consideration is in addition to anything of value to which Officer is already entitled or will otherwise receive under this Agreement.”

Responding to questions about the meaning of “Additional Consideration” section, city manager Joe Morton said Thursday it did not represent any additional monetary compensation.

Roberts and Ledbetter had 21 days beginning May 19 to accept or reject their respective agreements.

Both men unexpectedly ended their long-time employment with Fayetteville Police Department May 19. Neither Mayor Kenneth Steele nor council members offered an explanation of the departures when they were announced at the May 19 City Council meeting. The simultaneous departure of the top two ranking police officials were added as separate agenda items at the meeting.

Contemporaneous with the departure of Roberts and Ledbetter were two federal discrimination complaints in April by former Officer Harold Simmons, a no-confidence vote for Roberts and Ledbetter by current officers in early May and a growing number of former officers and others claiming that a hostile work environment and an atmosphere of retribution exists in the department. More than a dozen former officers attended the May 19 meeting along with a dozen current officers, who had been informed by city manager Joe Morton that no “purpose would be served by having a lot of department employees being at the council meeting, but it is a public meeting.” Many in the packed house May 19 said they believed the city had tried to use intimidation as a tactic to keep officers away from the meeting. Morton said no attempt at intimidation was intended in his remarks.

Eight members of the Police Benevolent Association (PBA) were present at the May 19 council meeting. PBA representative Terry Nowell said after the meeting the organization was there to provide a show of support for officers and that PBA had signed a majority of officers, enough to establish a local PBA chapter.