Tuesday, June 2, 2020

Corrupt-19 Part 1


"Let’s do this another way. Let's stop thinking our voice don’t matter and vote. Not just for the president...educate yourself and know who you’re voting for. And that’s how we're going to hit 'em."

Barack Obama



TO:   Mayor and Members of the Greensboro City Council
        City Manager, David Parish
                
FROM: Ben Holder,  Glenwood Neighborhood Resident 
DATE:    June 2, 2020           
SUBJECT:  Public Trust
Nancy, eight years ago, when you were developing your plans to run for Mayor of Greensboro, you and I had extensive conversations regarding my concern about former Deputy Chief James Hinson and his group homes.  We both spoke extensively at the March 6, 2012 Greensboro City Council Meeting about our shared concerns regarding this conflict as well as the real possibility of an abuse of power being used.  At that council meeting, you reminded staff and your fellow council members that we were talking about "children at risk" and how there was a need for the city to look at this issue carefully.  
Former Mayor, Robbie Perkins, directed staff to review our concerns and provide an answer at the March 20, 2012 Greensboro City Council Meeting.  The discussion that night about the group home conflict was covered by several local media outlets and you were quoted in the News and Record  saying this issue was a "recipe for disaster." You also sent out a memo to your fellow council members and staff on March 12, 2012 that included the following question, "In case of an emergency how will the Captain balance his responsibilities between what is required by the state and his role as a Captain?"
After the executive session that was held on March 20, 2012, former City Manager, Denise Turner, reported that our claims were "unfounded."  As you are aware, nothing else was said about the issue.  You went on to become Mayor and James Hinson became Deputy Chief.  
On February 28, 2017 at 7:44 am I sent you, former Chief of Police, Wayne Scott, and former Deputy Chief of Police, James Hinson, an email to repeat my concerns.  In the email I reported the following, "Nancy, in 2012 you took a hard stance on transparency in the city and James Hinson's group homes.  Without any doubt, Hinson violated outside employment procedures.  There were questions regarding conflicts with him owning a group home in the area where he was the police captain.  Now, as deputy chief, Hinson is over all patrols.  Isn't that a bigger issue? Does Hinson still operate the Glenside dr group home and the Maple st group home?"  Unfortunately, none of you responded.
On July 31, 2019 a 51 page report was produced by the North Carolina Department of Health Service Regulation that detailed the sexual assault of a juvenile that took place at James Hinson's group home at 2212 Glenside Drive.  This is the group home that was the focus of our previous speeches at the march 6, 2012 council meeting.  As a matter of fact, it is also the group home that Hinson failed to get approved by former Chief Time Bellamy is 2006 when he first opened it.  It is my opinion that Hinson's failure to report his group home in 2006 was a direct violation of the Greensboro Police Department's Outside Employment Policy.  Even though that directive is punishable by termination, Hinson was not disciplined.  
The 51 page report explicitly validated your quote from the aforementioned News and Record article from 2012 by listing several horrifying allegations.  The report alleges that on May, 20, 2019 a juvenile that was assigned to Hinson's group home called his mother and reported he had been sexually assaulted.  The mother called  the group home and reported to staff she was about to call the police.  According to the DHSR report, the group home staff member told her to "let" her call former Deputy Chief Hinson first.  The mother then received a call from former Deputy Chief, James Hinson, and he told her that she "could call the police but please don't" because he was on the way.
According to the DHSR report, once former Deputy Chief, James Hinson, arrived at the group home he seized the alleged victims phone, threw his clothes on the floor, and turned his mattress over.  Multiple times throughout the report there are allegations regarding Hinson telling the alleged victim that nobody at the police department would believe him and he should drop the charges.  The report also states that the continued harassment the alleged victim received from Hinson and his staff ultimately led to him running away from the group home.
The report also reveals an allegation involving falsified documentation that stated the mother of the alleged victim did not want the matter investigated by anyone other than Hinson and his staff.  The dates provided in the DHSR report provide information that shows Hinson  failed to adhere to the mandatory state-required reporting of child abuse by law enforcement officers, which is a Class H felony.  The Police Officer's Association also released a statement that said Hinson should have been suspended and investigated.
Once again, just like in 2006 and 2012, Hinson's issues with his group homes hit the media circuit and his reckless behavior tarnished our city.  We also learned that prior to going to work at Hinson's group home, Richard Heath was a person of interest in the sexual assault of an eight year old boy that took place at our Central Library.  
Former Deputy Chief, James Hinson, was defiant when the story first broke.  He was quoted in the Greensboro News and Record saying the DHSR report was not very well written and full of lies.  He was also reported as saying that he closed the group home because he wanted to focus on his job as Chief of Police and not because of the DHSR report.  However, amid the controversy, Hinson retired.  
Two days after Richard Heath was charged with sexually assaulting the juvenile that was under Hinson's care, the City of Greensboro thanked Hinson for his services in a press release announcing his retirement.  The DHSR report lists allegations against former Deputy Chief, James Hinson, that describe gross misconduct and malicious actions and you thanked him for his service.  Richard Heath, the man Hinson employed,  now faces life in prison for multiple rapes and sexual assaults.
I have made time to come speak to the city leaders on three separate occasions since Hinson retired about this issue.  When I spoke at the October Council Meeting that was held at the Realtors Association, you and your fellow council members ignored me and refused to answer my questions.  When I spoke at the March 2, 2020, City Council Meeting you and your fellow council members sat silent again and refused to answer my questions again. Unfortunately, that's really not working for me. 
 I have spoken on the phone with a few council members and they all quickly tell me they cannot talk to me about Hinson's retirement because it is a personnel matter.  I argue that the question is far from a personnel issue.  My question is and has been centered around the malicious allegations made in a state report involving James Hinson's group home and the fact that he was not suspended and investigated criminally as well as internally.  The message you are sending me is that a police officer can do all the things alleged in the DHSR report and not be punished.  The message I am sending you is that they cannot.
According to section 5.1 B of the Greensboro Personnel Policy Manual
 The City reserves the right to withhold all City retiree benefits during an investigation to determine whether or not the employee would have been discharged had he not retired.
1.  Why did the city chose to ignore this policy when Hinson filed for retirement?  Please provide all emails between staff members concerning this matter.
2.  Did the City Manager donate leave time to Hinson so he could be eligible for full retirement benefits?
3.  What is your plan to ensure this never happens again?
I am fully aware that you and your staff will fall on the personnel exclusion answer and fight to reveal the truth.  However, I encourage you to be open, honest, and completely transparent with my requests.  The citizens of this city deserve to know how and why Hinson was not investigated and who made the ultimate decision to ignore basic, yet prestigious, GPD departmental directives.  It is your duty to uphold the public's trust and I am requesting you do that.
I believe that the City's definition of what is covered by the "Privacy of employee personal records" has been too narrowly interpreted by our staff.  According to the North Carolina Open Government Coalition "Under the state Public Records Law, G.S. 132 every record is public unless there's another law that says it isn't.  And North Carolina courts have said repeatedly that state public records law should be construed liberally."  (emphasis mine
David Lawrence writes in his book “Public Records Law for North Carolina Local Governments, Second Edition” North Carolina law defines the term public record very broadly, the state supreme court has held that ‘in the absence of clear statutory exemption or exception, documents falling within the definition of ‘public records’ in the Public Records Act must be available for public inspection. Therefore, if an item meets the definition of a public record, the custodian must allow public inspection unless the custodian can point to some North Carolina (or federal) statute that permits or requires denial of public access.” 
Stop finding ways to hide behind technicalities and the council dais.  The GPD’s motto is "Building Trust in our Communities.”  Since the courts have ruled that public records law should be construed liberally, we should aim to be more open and accessible to truly reflect the GPD’s Guiding Principles.  
Further,  I think it’s time for us to revise our “City’s Protocol for Public Records Request” to accurately reflect state law.  Section 160A-168 further states that (b2) “The city council shall determine in what form and by whom this information will be maintained.  Any person may have access to this information for the purpose of inspection, examination, and copying, during regular business hours, subject only to such rules and regulations for the safekeeping of public records as the city council may have adopted.”
I would welcome the opportunity to discuss with you my thoughts on how we can have a more transparent public records policy and how we can turn that policy into action


CC:      Nathaniel Davis, Assistant City Manager
           Brian James, Chief of Police

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