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Simmons seeks mayor’s arrest

Council, city manager accused of malfeasance

By BEN NELMS
bnelms@TheCitizenNews.com

It was an ordinary council meeting July 21 in Fayetteville. Ordinary until the public comments portion of the meeting, when former Officer Harold Simmons announced that he was seeking arrest warrants for Mayor Kenneth Steele, all city council members and City Manager Joe Morton on charges of misfeasance and malfeasance.

In his remarks to the mayor and council, Simmons read the basis for the charges. He said misfeasance charges stemmed from their improper performance of duties required of them in the city charter relating to the supervision of former Police Chief Johnny Roberts and City Manager Joe Morton. “Said misfeasance resulting in damages to the general welfare of the citizens of Fayetteville and specifically to individuals employed for formerly employed by the city,” said Simmons. The charge of malfeasance, Simmons said, stemmed from their, “culpable neglect in the performance of their duties in relation to their supervision of Chief Johnny Roberts and City Manager Joe Morton. Said malfeasance directly affecting the welfare of the citizens of Fayetteville and specifically damaging employees and former employees of the City of Fayetteville Police Department.”

Simmons said he would file the warrant applications Monday at Fayette County Magistrate Court.

None at the council table commented on Simmons’ remarks other than Steele thanking Simmons for sharing his thoughts.

In his July 21 letter, obtained by The Citizen News, Simmons said that all efforts to regain his position within the department had failed and on behalf of the numerous past and present city employees it was his mission and aspiration to hold the mayor and council responsible for the discrimination, hostile work environment and immoral acts that have been allowed, ignored or participated in over the past 10 years. In that regard, Simmons said he believed he had no choice but to seek arrest warrants through Fayette County Magistrate Court for Mayor Kenneth Steele, all council members and City Manager Joe Morton. If unsuccessful in his attempt to have charges brought, Simmons said he would pursue the matter with the District Attorney and, potentially, with Georgia Bureau of Investigation.

Simmons charged that over the past 13 years the mayor and council had been made aware of numerous complaints surrounding former Police Chief Johnny Roberts and former Maj. Steve Ledbetter.

“Rather than acting on those complaints you chose to turn a deaf ear and become a mule with blinders on to the inner workings of the police department,” Simmons asserted. “Rather than investigating claims made against Roberts and Ledbetter, mayor and council rewarded their wrongdoings by appointing Roberts to Assistant City Manager and promoting Ledbetter to the rank of Major and providing (him) a $5,000 bonus.”

Simmons cited Mayor Kenneth Steele’s “defending” of Roberts and Ledbetter, the accommodation of Roberts in his early retirement and special allowances to Ledbetter in his resignation as examples of his claim.

Simmons months-long battle with the city began when he filed two complaints with the federal Equal Employment Opportunity Commission (EEOC) in April alleging racial discrimination against the Fayetteville Police Department. The complaints followed Simmons termination from the department April 14 after he failed to comply with instructions to apologize to two fellow officers for taping them without their knowledge. A hearing by an independent hearing officer determined there was no racial discrimination in the policies and procedures and, subsequently, upheld the orders to issue the apology. Simmons’ refusal resulted in his firing.

Roberts and Ledbetter unexpectedly ended their long-time tenure with the city on May 19. Ledbetter resigned and Roberts retired. Simmons has a pending EEOC lawsuit with the city. ers to issue the apology. Simmons’ refusal resulted in his firing.