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Oct 28, 2023

City attorney dispels suspension rumors, sets record straight

Pictured are City Manager Kelly Traynham and City Attorney Geoffrey Davis with

Pictured are City Manager Kelly Traynham and City Attorney Geoffrey Davis with the City of Roanoke Rapids.

ROANOKE RAPIDS — On Thursday, Roanoke Rapids City Attorney Geoffrey Davis addressed questions and dispelled public rumors surrounding the suspension of the police chief and captain.

On March 10, City Manager Kelly Traynham placed Roanoke Rapids Police Chief Bobby Martin and Capt. Jamie Hardy on unpaid administrative leave. City Attorney Davis explained during that time that there were no lawsuits against the police department and the matter was protected personnel information by statute NCGS 160A-168. Additionally, Mayor Emery Doughtie told the Herald that only the city manager has the authority to make such a decision to place the two on leave.

Read the initial Herald article headlined "Roanoke Rapids city manager places chief, captain on unpaid leave: Capt. Gorton Williams acting police chief" at bit.ly/3m47tSF.

On March 22, following a city council meeting a day prior that had a closed session for personnel, the city manager sent out a press release with further information on the suspensions. According to the press release, the City of Roanoke Rapids retained Richardson & Davis Investigative Consulting Group out of Huntersville to conduct an internal investigation into the police department for alleged policy violations.

The information further explained that state law limits the city's ability to release information pertaining to personnel matters, but was able to provide an update under NC General Statute §160A-168(7):

"The city manager, with concurrence of the council, or, in cities not having a manager, the council may inform any person of the employment or nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a city employee and the reasons for that personnel action. Before releasing the information, the manager or council shall determine in writing that the release is essential to maintaining public confidence in the administration of city services or to maintaining the level and quality of city services. This written determination shall be retained in the office of the manager or the city clerk, and is a record available for public inspection and shall become part of the employee's personnel file."

Additionally, the press release clarified that City Manager Traynham initiated the independent investigation to ensure a fair and impartial review of personnel matters involving government employees.

Read the Herald article headlined "City hires firm to investigate RRPD's alleged policy violations" at bit.ly/40S21B6.

Thursday marked the third week of unpaid leave for Chief Martin and Capt. Hardy, which prompted questions.

Given the length of the investigation, the Herald reached out to Traynham and Davis for further information on if Martin and Hardy were offered the option to exhaust their vacation or paid leave and when the investigation initially started. Additionally, they both were asked why Martin and Hardy were placed on leave during the investigation before a report was generated on the premise of remaining fair and impartial.

Traynham said the investigation began on March 7.

Davis responded to the Herald's inquiry and said the non-disciplinary suspension is covered in the city's personnel policy.

"It specifically allows for an employee to be relieved of their duties during an investigation or when the city manager determines the suspension would be in the best interests of the city pending those proceedings," he said. "That said, when a non-disciplinary suspension ends, if the employee is reinstated, they will be paid back for the time they were on non-disciplinary suspension. Moreover, regardless of whether or not an employee is ultimately reinstated, they continue to accrue benefits like leave and retirement during that time period and continue to have the benefit of City health insurance, etc.

"Finally, whatever reports we receive from the third party agency will have to remain confidential, both for personnel reasons and to protect those other employees or citizens who may have been involved regarding any investigation. I know this process can be frustrating, but I would like to emphasize again that this matter is not criminal in nature. Since it is instead an administrative personnel matter, the primary concern of the city as public employer, in that case, is protecting our employee's rights to due process as we pursue a resolution to the situation. City Administration continues to work through that process, and I have faith that they are making every effort to conclude it in a timely and appropriate manner."

In light of the suspensions, the public has created several rumors. One included an attempt to tie the incident to a case in Mississippi where the remains of Rasheem Carter were found in a wooded area on Nov. 2 by the Smith County Sheriff's Office. According to information, Carter was a former employee of Stephen Luke Clements, owner of the industrial contracting company Clements Mechanical in Garysburg.

According to a press release on the Smith County Sheriff's Office's social media:

"On Tuesday, November 2, 2022, Smith County Sheriff's Department located the remains of Rasheem Carter just south of Taylorsville, MS, in a wooded area. Carter was initially reported missing on October 2, 2022, in Laurel, MS. Thank you to the public who turned in pertinent information regarding Carter's whereabouts. At this time, we have no reason to believe foul play was involved, but the case is still under investigation. The remains were transported to MS Crime Lab for DNA confirmation.

Please continue to keep the family in your prayers.

[edited to add]

We want to reiterate that this is an ongoing investigation. Other agencies, including MBI and FBI, have assisted as well. All details have been given solely to the mother, and if and when she wants anything additional released, or if we find anything else that the public needs to know, we will release that information at that time."

Information surrounding the incident created rumors that connected Clements to Carter's death.

Clements was interviewed on NewsNation's "Banfield" alongside his attorney and expressed that he and his family began receiving death threats and that the evidence showed that he was not involved in Carter's death. He said he received texts and voicemails from strangers saying that he and his family will suffer. The bombardment of harassment has forced Clements and his family into hiding.

Additionally, the public has created rumors trying to connect the incident to Chief Martin and Capt. Hardy's suspension by insisting that the two may have assisted Clements by informing him of law enforcement activity.

Roanoke Rapids City Attorney Davis made it clear in addressing the circulating rumors.

"I’ve heard a lot of truly bizarre rumors regarding these suspensions, including some harebrained theory about a situation that supposedly took place in Mississippi, and might involve someone who lives in an adjacent county," he said. "I think it should be obvious that there's no connection between these suspensions and an incident that occurred completely beyond the jurisdiction of the City of Roanoke Rapids, but just to cover that base for everyone, I can say affirmatively that there is no connection. Again, this is a personnel matter, and non-criminal in nature. It does not involve anything that in any way, shape or form happened in another state or county.

"That said, I think I’ve said before that I’m not going to play a game of bingo with nutty social media rumors. If members of the public are going to traffic in rumors and conspiracy theories, that's obviously disappointing, but going around trying to squash them is a futile effort. Two more will spring up to take their place, and at the end of the day, you either have faith in City personnel and institutions or you do not."

Davis said the city must respect the personnel laws of North Carolina.

"I sincerely regret that causes friction with the public's interest in City government and the police department, but we are obligated to follow the law. Both Chief Martin and Capt. Hardy have served as law enforcement officers for many years, and regardless of the genesis or outcome of this investigation, the city must treat them fairly and give them the benefit of due process."

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