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Former Fayetteville Cop files federal lawsuitTue, 03/27/2007 - 3:25pm
By: Ben Nelms
It has been nearly two years since former Fayetteville Police Officer Harold Simmons was fired for what he said were racially motivated reasons. But now the issue has returned with the filing of a federal lawsuit for discrimination and retaliation, citing the city of Fayetteville collectively and City Manager Joe Morton, former Police Chief Johnny Roberts and former Police Maj. Steve Ledbetter individually. Filed March 16 in the Newnan Division of U.S. District Court, the suit seeks declaratory and injuctive relief, back pay, front pay, compensatory and punitive damage and attorney fees for race discrimination and retaliation under the Civil Rights Act of 1964. The suit claims race discrimination and retaliation, negligent conduct and defamation and requests a jury trial. Represented by Jonesboro attorney Steve Mixon, Simmons claims that, “Although nearly all the discriminatory conduct took place at the Fayetteville Police Department, (the city) did nothing to stop it. To the contrary, the city allowed defendants Ledbetter, Morton and Roberts to remain in positions of power over (Simmons), where they could harass him without fear of recourse and use their higher-level positions of power to threaten his employment.” Contacted Monday, Morton said that while it is the city’s policy not to comment on pending litigation, he could say that the city had previously investigated Simmon’s claims and found that there was no wrongdoing on the city’s behalf. The city and city manager deny having violated Simmons’ rights, Morton said. The legal and factual matters in this issue will be determined by the court, he said. Roberts was unable to be reached for comment. It is believed that Ledbetter has relocated to Texas. The unfolding controversy came after a series of events that began in April 2005 when former Officer Harold Simmons filed complaints with federal Equal Employment Opportunity Commission (EEOC) alleging racial discrimination as the motivating factor in his termination April 14. The termination came when Simmons was charged with insubordination after refusing to apologize to two fellow officers he had taped without their knowledge. His taping of the officers, Simmons said at the time, was an activity that other officers had participated in as a result of what Simmons characterized as an environment of hostility and retribution in the police department. Responding at the time to questions related to Simmons’ firing, the city issued a statement April 21, 2005 disputing charges of discrimination, stating that an independent hearing officer had determined that no discrimination existed in the city’s requirement that Simmons apologize. The brewing conflict intensified at the May 5 council meeting, when the council chamber filled with Simmons’ supporters burst into cheers and applause amid a standing ovation after the former officer finished his remarks to the council. “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.” When questioned in May 2005 about morale in the department, Roberts was emphatic that his department did not suffer from morale problems. 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 did acknowledge that he had taped Simmons during during a previous meeting, adding that he did so as a matter of official police business. Contemporary with the controversy was a no-confidence vote by officers toward Roberts and Ledbetter at a called all-staff meeting. During the same time frame, a number of current and former officers contacted The Citizen over what they referred to as a “hostile work environment and an atmosphere of retribution” that existed in the department. The situation in Fayetteville did not improve as spring wore on, with simultaneous announcements May 19, 2005 that Roberts would be retiring and that Ledbetter would resign. The announcement was followed by Morton saying the departure of Roberts and Ledbetter was not related to Simmons’ discrimination complaints. The transition represents a new direction for the police department, Morton said. Even the Police Benevolent Association (PBA) became involved, with representative Terry Nowell saying the eight PBA members at the May 19 council meeting were present to provide a show of support for all officers of the police department. A local PBA chapter composed of Fayetteville officers was formed two months later. login to post comments
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