Publisher’s note: In response to an article that appeared in the June 8, 2017, print edition of The GRIP – City of Griffin, GPD Chief Yates refuse release of records; Records denied on officer who resigned in lieu of termination – Griffin City Manager Kenny Smith wrote the following letter to the editor, which was printed in the June 22, 2017, print edition. It appears here in its entirety.

Dear Sheila,

In light of the article published in the newest edition of the GRIP, I feel it is important to express the City’s position in regard to the Georgia Open Records Act, and your perception of that act as it pertains to requests you have made under its authority, specifically the February 3, 2017 request discussed at length in your paper.

As a member of the press and an active business owner in this community, you are extremely familiar with the mandates for local governments through numerous legislative actions – only one of which is the Georgia Open Records Act. The Act provides that “the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions.” O.C.G.A. § 50-18-70(a).

The City has worked diligently in preparing every single request you have made under the Act, more often than not days before the prescribed three-day deadline. Even when your request has been of documents that are not producible under the Act, either temporarily or permanently, the City has responded quickly and succinctly to your requests with explanations as to why the documents cannot be produced. The February 3 request has been, and continues to be, treated no differently. Information provided to you, either erroneously or otherwise, in prior requests is not a basis for providing information for the February 3 request – only the law can dictate those parameters.

The February 3 request, which we asked you to clarify on February 7, was answered in the most efficient, timely manner within the parameters of the law, on February 10, 2017. Since that date, the response to your request has remained in my office for your review. Instead, there have been multiple challenges, communications, explanations, and opinions exchanged as to why the City should not charge you for the time expended to answer your request.

In standards similar to those held by responsible, ethical journalists, it is the City’s intention to always admit mistakes. It was by reading your recent article that the Griffin Police Department discovered the information you were requesting was given to a former employee on a USB drive, not the more often used hard copy folder and disk. Once we were aware of that information, officials from the police department were able to locate the information requested amidst a myriad of items left in the former employee’s vacated office, which we now have available for your review. We sincerely apologize for this mistake.

Chiefs of GPD, both past and present, Griffin department directors, and I have always worked closely with you to provide you any and all information allowable to assist you with timely reporting. We have never hesitated to take or return your calls and emails promptly – evenings, weekends, and holidays included. Therefore, I am disappointed that you took an opportunity to disparage the City in a lengthy, prominent, and exaggerated article in your publication.

It will remain my belief as a public servant to the citizens of this community that the City has abided by the Open Records Act in regard to every request you have submitted and will continue to uphold the highest standards of a governmental entity – to ensure a free, open, and democratic society, to foster confidence in government, and to provide the efficient and proper functioning of its institutions and the expenditure of its public funds.

Sincerely,

Kenny

Kenny L. Smith

City Manager

The following is The GRIP’s response to City Manager Kenny Smith:

Dear Kenny,

Thank you for taking the time to write and offer your thoughts on the Georgia Open Records Act, recent Open Records requests I’ve submitted to the city of Griffin and my recent article detailing a portion of my experiences in attempting to obtain public records from the Griffin Police Department.

While you quoted a portion of OCGA 50-18-70(a), you stopped short of the crucial bit that completes that paragraph, which states, “The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay. This article shall be broadly construed to allow the inspection of governmental records. The exceptions set forth in this article, together with any other exception located elsewhere in the Code, shall be interpreted narrowly to exclude only those portions of records addressed by such exception.”

It would be difficult, if not impossible, to perceive the portion you omitted as unimportant or irrelevant to the issue at hand.

Contrary to your claim that the city has “worked diligently in preparing every single request” I have made, I contend the city and Griffin Police Department Chief Yates have put forth great effort to obstruct the release of certain information, and have been, in some instances, noncompliant with the Open Records Act.

Rather than “explanations as to why the documents cannot be produced,” the Act specifies what information is mandated to be provided. As outlined in OCGA 50-18-71(d), “In any instance in which an agency is required to or has decided to withhold all or part of a requested record, the agency shall notify the requester of the specific legal authority exempting the requested record or records from disclosure by Code section, subsection, and paragraph within a reasonable amount of time not to exceed three business days or in the event the search and retrieval of records is delayed pursuant to this subsection or pursuant to subparagraph (b)(1)(A) of this Code section, then no later than three business days after the records have been retrieved.” (emphasis added

The city of Griffin’s response to my Open Records request of Feb. 3, 2017, contained multiple instances in which that mandated information was not provided, stating only that the requested information would be “provided with redactions.”

In response to my request for “all records pertaining to the hiring process including test information, evaluation information, referrals and/or recommendations and interviews,” the city stated, “Provided with redactions except for the confidential Personnel Evaluation Profile (PEP), for which public disclosure is not required due to federal statute or regulation requiring they be kept confidential, i.e. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Computerized Voice Stress Analysis (CVSA), the disclosure of which is prohibited except in narrowly defined instances (29 – U.S. Code §2008 – Disclosure of Information).

Because the city was noncompliant with the Act and did not disclose the Code section, paragraph and subparagraph of HIPAA upon which its exemption of information was based, it would be impossible for me to respond with any specificity. However, I will once again repeat the basis of my previously-stated argument against that exemption – HIPPA is nonapplicable to my request. According to United States Department of Health and Human Services, HIPPA “does not protect your employment records, even if the information in those records is health-related.” (emphasis added)

If you would like to independently verify my argument, you may do so at https://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html.

The second disputed exemption is Tyler Cooper’s CVSA, which the city contends cannot be released due to federal law, specifically the Federal Employee Polygraph Protection Act – U.S. Code Title 29 Chapter 22. Cited in the city’s response was §2008, which states under what limited circumstances polygraph information may be released.

However, I resolutely maintain my oft-repeated position that the city cannot withhold the requested information under this law as it is nonapplicable in its entirety. In support my argument, I refer you to that same federal code section – U.S. Code Title 29 Chapter 22 §2006(a) – which plainly states, “This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government.” (emphasis added)

Shall not apply – that’s quite straightforward and clear, and you may independently verify my argument by reading the federal code section at http://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter22&edition=prelim.

For further clarification, the United States Department of Labor states, “The Employee Polygraph Protection Act (EPPA) is administered by the Wage and Hour Division (WHD). The EPPA applies to most private employers. The law does not cover federal, state, and local government agencies.” (emphasis added)

If you would like to independently verify this source of information, you may do so at https://www.dol.gov/compliance/guide/eppa.htm#who.

After much delay and discussion, Griffin Police Department Chief Mike Yates personally responded to my dispute and stated, “The PPA does exempt State, and local (sic) government entities from the act by allowing such polygraphs to be conducted by State and Local governments where the act prohibits other entities from utilizing such instrumentalities. It (the Act) does not exempt these entities from any privacy violations or other remedies should private or confidential information be improperly released or disclosed.”

While it may be convenient for Chief Yates to embrace the exemption from this federal law that allows the Griffin Police Department to administer these examinations while simultaneously attempting to skirt the Open Records Act by conversely claiming the GPD is bound by the law and unable to release the information requested, it is nonsensical to straddle that fence. His argument is obviously contrary to what the federal law plainly states.

This law either applies to local governments or it does not, and I have definitively established that the Employee Polygraph Protection Act itself states it does not apply. There is no middle ground on which Chief Yates and the city of Griffin can legally stand to continue playing both sides of that fence.

You were also mistaken when you stated, “Information provided to you, either erroneously or otherwise, in previous requests is not a basis for providing information for the February 3 request – only the law can dictate those parameters.”

The information the city of Griffin and Chief Yates are refusing to disclose – Tyler Cooper’s CVSA and PEP – were released to me after months of dispute regarding the refusal to disclose the identical information on Tyler Cooper. Is the city of Griffin now acknowledging it violated two federal laws on multiple occasions by releasing those records on Matthew Boynton and Josh Howell?

If so, I do not support that position. As you said – only the law can dictate those parameters – and the Act is clear. As stated in OCGA 50-18-72(a) Public disclosure shall not be required for records that are: (7) Records consisting of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee.” (emphasis added)

The Open Records Act is clear – the release of this information is not required, but is certainly not prohibited as Chief Yates has erroneously claimed.

My position on this point is further upheld by “Georgia Law Enforcement and the Open Records Act – A Law Enforcement Officer’s Guide to Open Records in Georgia,” a booklet prepared by Gary Theisen, of the Georgia Bureau of Investigation and Hollie Manheimer, of the Georgia First Amendment Foundation, and approved by the Georgia Association of Chiefs of Police, the Georgia Bureau of Investigation, the Georgia Department of Law, the Georgia First Amendment Foundation, the Georgia Press Association, the Georgia Public Safety Training Center – Georgia Police Academy Division, the Georgia Sheriff’s Association, the Georgia Department of Public Safety and the Prosecuting Attorney’s Council of Georgia.

Under Appendix 7. Information Exempt from Public Disclosure, on page 31, regarding “evaluation or examinations in connection with new appointment or hires (where confidential)” as cited in OCGA 50-18-72(a)(7), this publication states the release of such information is “discretionary.”

The Griffin Police Department and the city of Griffin have, on multiple occasions prior to my Feb. 3, 2017, request, established a precedent by releasing the Personnel Evaluation Profile and Computerized Voice Stress Analysis on more than one applicant and subsequent employee of the GPD.

Following months of repeated refusals to release the same information pursuant to my Feb. 3, 2017, request, the Griffin Police Department and the city of Griffin released to me the Personnel Evaluation Profile and Computerized Voice Stress Analysis on two individuals either previously or currently employed by the GPD.

It is not without notice that the information repeatedly released pertained to officers hired by a previous GPD administration, while the information being withheld relates to an officer hired by the current chief.

Contrary to your allegation, I have never claimed the city of Griffin “should not charge” me for the time expended to answer my request. I do not have a history of disputing or refusing to pay the city’s assessed fees for Open Records requests. My dispute in this case is specifically against the $40 charge for Yates’ time, as I contend the city’s assessment of that charge is improper and represents noncompliance with the Georgia Open Records Act.

According to Griffin Assistant Open Records Clerk Teresa Watson, “In this case, Chief Yates is the only one familiar with the Polygraph Protection Act, the scope of all active and ongoing investigations, and the potential for identification of a confidential source, each of which is exempt under the ORA.”

I have clearly established that HIPPA and the Polygraph Protection Act are nonapplicable to my request, and pursuant to a subsequent Open Records request for the case numbers of all internal investigations that involve or pertain to Tyler Cooper, I was told none exists.

Furthermore, Chief Yates’ has stated, “Given these facts and circumstances it was more efficient for me to review and redact the files than it would have been for the City (sic) to have elicited the assistance of Ms. Diane Martin, City Staff Attorney Jessica Whatley O’Connor and/or others to review and segregate the files.”

That statement contradicts the actual actions taken by the city of Griffin, as I was assessed a fee for Diane Martin’s expended time in addition to Yates’.

I appreciate your apology regarding the city’s responses to two Open Records requests for the GBI investigative case file on Josh Howell. It is unfortunate that due diligence was not put forth to produce that record when requested, but I am thankful it is now being made available.

During the more than 11 years I have worked in local media outlets, I have appreciated the positive working relationships developed with city and other officials. I strive to report factual and pertinent information, and agree that this goal is facilitated by maintaining open lines of communication. That is precisely why this situation has left me disappointed.

It is regrettable that such strides have been taken to prevent the release of information that is releasable under the Open Records Act. It is also quite unfortunate that condescension has been the position assumed by some city officials.

I do take seriously concerns about my work, but rather than a generalized complaint, if you will, please provide me with specific examples of what you have referred to as exaggerations in the article in question, I am most willing to review my work and promptly address your concerns. For ease of comparison, you may refer to the emails from which this article was derived. Teresa Watson included you, along with City Staff Attorney Jessica O’Connor and several others, in those electronic communications, so you have had ongoing and complete access to all the information I have cited. Please let me know which details of my reporting you dispute and I will immediately review my records, as well.

Thank you,

Sheila A. Mathews

The following is the latest development in the working relationship between GPD Chief Mike Yates and The GRIP:

Publisher’s note:

On Tuesday, June 20, The GRIP phoned Griffin Police Department Public Information Officer Lt. Mike Natale. The call was unanswered, but Natale did respond with a text message that stated, “All media has to go thru (sic) Chief Yates. You will have to call him. Thanks.”

For clarification, The GRIP then emailed GPD Chief Yates.

“Chief Yates, Good evening. For clarification, I’m writing to verify that Lt. Mike Natale is no longer serving as the Griffin Police Department public information officer, and that from this point forward, you personally will be handling all those responsibilities.”

In response, Yates stated, “Lt. Natale is still the PIO and his duties have not changed, generally. He has been instructed to refer you to my office should you have questions, require an interview, etc. This decision has been made to avoid any miscommunications with you on our part and/or subsequent misrepresentations of our communications on your part.

Communication with my office will either be in writing or recorded by audio or video means so as to insure (sic) that what is relayed to you is accurately relayed by you in your media endeavors. I trust you agree that accuracy is important…”

The GRIP always encourages readers to fact check its reports, and now that city officials are calling into question its credibility, that is of even greater importance. In the interest of transparency, The GRIP strongly encourages readers to obtain the pertinent public records upon which the article in question was based and determine credibility for themselves. That may be quite easily accomplished by submitting an Open Records request for all information pertaining to Sheila Mathew’s Feb. 3, 2017, Open Records request on Tyler Cooper. Because Mathews has already been assessed charges for the readying of this information, subsequent requests for duplicate information should incur extremely minimal costs, if any, as the majority can be electronically released via email. Anyone wishing to fact check the June 6 article in question may submit an Open Records request to records@cityofgriffin.com.

STAFF REPORT :::

A search warrant executed Thursday at the 597 N. McDonough Road residence of Michael Lee Drummond resulted in the arrest of two men on numerous drug and weapons charges.

According to a press release issued by Spalding County Sheriff Darrell Dix, the SCSO Special Operations and C.A.G.E. units received assistance from the Griffin Police Department Special Investigation and C.A.G.E units.

Dix reported that the search warrant resulted in the recovery of quantities of methamphetamine, illegal prescription medication, marijuana and almost $3000 in US currency.

Agents also located and seized two shotguns and a pistol, he said.

The narcotics, in total, had a street value of over $2000.

Drummond, a 21-year-old white male, was arrested and charged with possession of methamphetamine, possession of methamphetamine with intent to distribute, felony possession of marijuana, possession of marijuana with intent to distribute, possession of drug related objects, possession of a firearm during the commission of a crime and possession of a schedule IV narcotic.

Michael Jay Stapleton, a 63-year-old white male, was arrested and charged with misdemeanor possession of marijuana and possession of drug related objects.

Dix thanks the community for its continued efforts in putting a stop to those that choose to sell drugs and commit crimes within Spalding County. He would also like to remind citizens that information can now be reported to the new anonymous drug tip line at 770.412.4399.

Dix wishes the Griffin-Spalding County community a safe and happy Fourth of July.

STAFF REPORT :::

Personnel of the Spalding County Sheriff’s Office will soon be fielding Narcan (naloxone) kits to be used in the event of a drug overdose.

According to a press release issued by Spalding County Sheriff Darrell Dix, this potentially-life saving measure is being made possible with the assistance of a local businessman.

“With the help of our good friend Drew Miller, of Wynne’s Pharmacy, we will be able to have deputies assigned to each shift and in each division equipped and on the street with this life saving drug. Through his professional contacts, Mr. Miller was able to obtain the kits free of charge,” Dix said. “He has also volunteered to conduct training for our deputies that will include the signs and symptoms to look for, and the method of administering the Narcan to those in need. Narcan will also be available to Spalding County Detention Staff through our medical service with doses provided by Dr. Robert Hall.”

Each kit will contain two doses of Narcan, tracking information and a guide that covers instructions for use and a breakdown of the laws pertaining to its use.

Information obtained from SAMSHA (Substance Abuse and Mental Health Services Administration) show that in 2014, 28,647 drug overdose deaths involved some type of opioid, including heroin. U.S. overdose deaths involving prescription opioid analgesics increased to about 19,000 deaths in 2014 more than three times the number in 2001.

To address the problem, emergency medical personnel, health care professionals, law enforcement and even patients themselves are being trained in the use of the opioid antagonist naloxone hydrochloride (naloxone), which is the treatment of choice to reverse the potentially fatal respiratory depression caused by opioid overdose.

Legislation signed by Governor Nathan Deal in 2014 also gives the authority to administer this treatment, and waives liability for first responders who use Narcan to counteract an overdose.

“Having our Deputies equipped with Narcan will be a vital lifesaving tool that we hope we never have to use. Knowing that we have that capability is a good thing. Law enforcement agencies across the nation are fielding Narcan in increasing numbers and the stories of lives being saved are numerous. Even though we have not had a local increase in overdoses it is comforting to know that soon we will have the ability to act when we do run in to that situation,” Dix said.

SUBMITTED :::

Fallen Griffin Police Department Officer Kevin Jordan will be honored by the renaming of a portion of Georgia Highway 19-41.

City officials say in memory of, and great appreciation for, the service of Officer Kevin Jordan, the portion of the state highway at its intersection with Lucky Street will be renamed Kevin Jordan Highway.

The city of Griffin is inviting citizens to attend a dedication ceremony to be held at 9 a.m. July 14.

SUBMITTED :::

According to Sheriff Darrell Dix, deputies from the Fugitive Apprehension, Special Operations and C.A.G.E. units recently responded to a report of a large crowd in the 1600 block on North Hill St. Dix said upon their arrival, they identified Donnie Dunbar, a man the SCSO describes as a known gang member, as he was allegedly entering an automobile.

A computer check revealed that Dunbar had outstanding warrants from Cobb and Spalding counties. Authorities say he initially gave deputies a false name, but was positively identified as Donnie Dunbar.

Dunbar was arrested and charged with felony violation of probation out of Cobb County, and Spalding County charges including child support contempt, possession of a firearm by a convicted felon, criminal street gang activity, false name, possession of less than one ounce of marijuana and open container.

Dunbar is being housed at the Spalding County Detention facility and is awaiting a bond hearing.

STAFF REPORT :::

The Spalding County Sheriff’s Office Criminal Apprehension Unit has arrested two men with outstanding warrants.

According to a press release issued by Spalding County Sheriff Darrell Dix, at approximately 10:45 a.m. July 11, deputies went to the residence located at 253 Liberty Hill Road attempting to locate Robert Pugh, the subject of an outstanding warrant for violation of probation from Henry County.

Dix reports that upon the arrival of Fugitive Apprehension personnel, Pugh refused to exit the residence and surrender. Officials say deputies entered and located Pugh, and took him into custody without further incident.

Pugh is now being held in the Spalding County Jail.

While still on scene, deputies made contact with another person who reportedly identified himself as Michael Wilson.

“When the deputies were speaking with him, they noticed multiple inconsistencies in his story about who he was and how he got there. When they confronted him about the inconsistent statements, he admitted that he had given them a false name and that his true identity was Christopher Thompson,” Dix said.

Dix said he admitted to the deputies that had an active violation of probation warrant from Pickens County from an original charge of kidnapping.

Thompson was taken in to custody and is being held for Pickens County.

Dix said during their investigation, Fugitive Apprehension deputies obtained information that Thompson had been seen earlier in a 2002 Burgundy Chevrolet Blazer. Deputies located the vehicle in a wooded area near the residence and learned that the vehicle had been reported as stolen from Lamar County.

Based on evidence obtained from the crime scene video in Barnesville, it was determined that Thompson fit the description of the vehicle theft suspect and he will be facing those charges in Lamar County, officials said.

“The Fugitive Apprehension Unit did an outstanding job in this instance. By being persistent, noting the signs of deception they saw, and following up, they were able to locate two wanted suspects from other jurisdictions, recover a stolen vehicle, and gather enough information to aid in charging one of the suspects with the theft of the vehicle. I’m proud of those guys, and all the other Sheriff’s Office employees for the hard work they do every day.”

SHEILA A. MATHEWS :::

A Thursday afternoon Facebook post accusing an officer of the Griffin Police Department of animal cruelty led to calls for the officer’s termination.

Posted under a Facebook account identified by the name Jordin Elizabeth Mitchell, the complaint read, “I’ve never been so appalled by an officer before.”

It went on to allege the officer strangled a goat while moving it to an Animal Control transport van.

“An officer under the car number 214 came into my yard without anybody knowing and drug my goat out by his neck all the way there then he continued to pick him up by his neck with a wire around it continuing to not let the animal breathe and flung him into the back of the control car,” the Facebook statement read.

Video posted to that personal Facebook page appeared to show the GPD officer using a catch pole to remove the goat named Marty from the property.

“That’s the safest way to do it for the animal and the person. I’m no animal control expert, but the animal wasn’t being abused. It wasn’t being struck. It was just being led along on the catch pole,” said GPD Chief Mike Yates.

In response to questions regarding why a GPD officer was working in the capacity of Animal Control, Yates explained that it was necessary due to the Animal Control officer being temporarily out of office due to medical purposes.

The complainant alleged that a warning had been issued to remove the goat, as livestock is not permitted within the city limits, but that the time frame for removal had not concluded.

“(They) told us to move him by a certain time and we were still within the time frame,” the complainant stated.

However, The GRIP has obtained a copy of a court order that contradicts that allegation.

The court ruling – a default judgment – which is identified as City of Griffin v. Jesse Mitchell, states, “This action came into default on June 8, 2017, by the defendant’s failure to file an answer or other defensive pleading and failure to appear in court. Fifteen days have elapsed from that date, and the default has not been opened as a matter of right or by order of the court. It is ordered and adjudged that the plaintiff now recover of the defendant the sum of $375, with interest and costs of this action. It is further ordered that the plaintiff shall be authorized to enter the premises to remove the goat and transport it to the Spalding County Animal Shelter. Any costs associated with the housing of the goat shall be assessed against the defendant as restitution in the foregoing matter.”

The default judgment was signed and so ordered by city of Griffin Municipal Court Judge Bill Johnson on the morning of July 20.

“It’s unfortunate, but if she’d complied with the law, we wouldn’t have been out there,” Yates said.

The complainant took to the Spalding County Discussion Page – the largest local social media public forum – seeking support in her efforts to have the GPD officer fired.

“Please help the situation and file a complaint about officer car 214 please!!!!” the complainant urged.

As of late afternoon, Yates was unaware of any formal complaints being filed against the officer in this matter.

STAFF REPORT :::

The Georgia Bureau of Investigation (GBI) and the Spalding County Sheriff’s Office (SCSO), in cooperation with Griffin Judicial Circuit District Attorney Ben Coker’s Office, have reopened the investigation in to the 34-year-old cold case murder of Timothy Coggins.

Timothy Coggins’ body was found on a power line off Minter Road in Sunnyside on Oct. 9, 1983. Investigators at the time gathered evidence from the scene, questioned suspects and witnesses but were unable to make arrests in Coggins’ death.

The case has remained unsolved to this day.

In June 2017, spurred by information forwarded to the GBI through various sources regarding Coggins’ murder, agents and investigators began re-examining the case and all the information gathered at the time of the original investigation.

Investigators began re-interviewing old witnesses, conducting interviews with newly discovered witnesses and gathering new evidence. Investigators from the GBI and the SCSO working in unison have been literally going door to door in their efforts to solve this crime. Based on their findings they believe that they are close to making arrests for Coggins’ murder.

“We have been in contact with a representative from Coggins’ family and they have been briefed on where we are at in the investigation. Unfortunately, both of his parents are deceased, and we wish we would have been able to give them closure before they passed away. The GBI, Spalding County Sheriff’s Office, and District Attorney Ben Coker’s Office will do all we can to ensure that Timothy Coggins and the remainder of the Coggins family receive justice. It does not matter who he was, or where he was from, this man died a horrible death and those responsible for his murder need to be held accountable. I can say without a doubt that if Mr. Coggins was murdered today, in 2017, it would absolutely be classified as a hate crime. 34 years have passed since this horrible crime was committed and those who killed him have believed that they would remain untouched until literally just a few days ago,” said Spalding County Sheriff Darrell Dix. “We understand that over the years, those suspected of being involved in the murder of Timothy Coggins have threatened and intimidated potential witnesses. We believe that there are people with pertinent information regarding this case that are still out there and we are asking them to come forward. We are asking for anyone who may have information about this murder, especially the hours leading up to the discovery of Coggins’ body, to contact the Spalding County Sheriff’s Office at 770.467-.4282 and ask to speak to Lt. Mike Morris or GBI Agent Jared Coleman. Any detail, no matter how small you may think it is, could be valuable in bringing Coggins’ killers to justice.”

SUBMITTED :::

A July 26 traffic stop resulted in the arrest of Andre Noble, who authorities identify as a known gang leader.

According to a press release issued by the Griffin Police Department, the traffic stop was conducted by Georgia State Patrol Trooper T. Flournoy, who stopped a white Mercedes for allegedly speeding in the area of North 9^th Street and West Avenue.

Officials say upon smelling the odor of marijuana coming from inside the vehicle, Flournoy requested the assistance of the GPD, leading to the response of personnel of the Uniform Patrol Division and the C.A.G.E. Unit.

Authorities say Noble, the driver of the vehicle, was in possession of cocaine, pills and marijuana.

Upon further investigation, a stolen firearm was also located in the vehicle, police say.

Noble, age 33, is also known as 5 Stakks, the leader of the notorious Rollin 20’s Neighborhood Blood Gang, officials say. The case was turned over to the C.A.G.E. Unit.

Noble faces charges of possession of a firearm by a convicted felon, theft by receiving a stolen firearm, possession of cocaine, possession of cocaine with intent to distribute, possession of a Schedule 4 narcotic, possession of marijuana less than one ounce, pills not in the original container and several counts of violating the Georgia Street Gang Act.

SHEILA A. MATHEWS :::

A Spalding County woman lost her life and her six-year-old son was critically-injured in a Saturday morning fire.

Christie Lewis, 44, and her son, six-year-old Zachaury Sevenstars, were the only family members home when the blaze began in their 408 E. McIntosh Road residence. Lewis’s husband left for work in the early morning hours.

According to Spalding County Coroner Sonny Foster, the fire was reported to E911 at 10:01 a.m. when someone from Harris Rentals stopped by the residence.

“He went by the house and thank God he did, because he’s the one who called it in,” Foster said.

Smoke was noticed coming from the rear of the residence, but was initially thought to perhaps be from someone cooking. When no one responded to the door, the man walked around to the rear of the residence, and noticed smoke coming from the eaves.

Lewis died in her residence.

“I pronounced her at 10:45 this morning,” Foster said.

Her cause of death was smoke inhalation and thermal burns.

Sevenstar, who sustained thermal burns and smoke inhalation, was transported to the emergency room of WellStar Spalding Regional Hospital before being flown to the Burn Unit of Augusta Medical Center.

“He was in critical condition when he was flown out, but he’s obviously a strong little boy,” Foster said. “We just hope and pray he’ll be all right.”

Personnel of the Spalding County Fire Department remained on scene throughout the day.

Spalding County Fire Chief Kenny West said the State Fire Marshal was also on scene assisting in the investigation. The cause of the fire has not yet been determined.

SHEILA A. MATHEWS :::

Zachaury Sevenstar, the six-year-old little boy critically-injured in a Saturday morning fire, has succumbed to his injuries.

“He was actually pronounced at 12:10 p.m. by Dr. Clardy. He was declared brain dead at that time,” said Spalding County Coroner Sonny Foster.

Little Zachaury’s cause of death was smoke inhalation with thermal burns.

“What they had to do and the reason it took until this afternoon – his biological mother lived in Oklahoma. She got on a plane today and came to Georgia – to Atlanta – and went to Augusta, and produced the papers that stated she was the legal guardian and mother of that child. She had the papers to prove it,” he said. “The mother in Oklahoma was still the legal blood kin of the child and she had to make the final decision before I would release the body.”

Foster said the family has made the decision to donate Zachaury’s organs to others in need.

“They (his mother and caretakers in Georgia) both agreed they wanted to do donor procedures,” Foster said. “We had to wait until everything was in order, though. They would not release the body to Life Link or anybody until I released the body after getting her permission.”

Foster said he encourages organ donation whenever possible, and is glad Little Zachaury’s family chose to move forward with this selfless act.

“I always tell people if something good can come out of something so bad, it won’t have been in vain,” Foster said. “That’s a good thing that something good can come out of it. They are going to do harvest with him tonight. The family is staying over with him tonight, and they’ll likely be coming back to Griffin tomorrow.”

Final arrangements for little Zachaury Sevenstar and Christie Lewis, the 44-year-old woman who also perished as a result of the fire, will be handled by Conner-Westbury Funeral Home.

SHEILA A. MATHEWS :::

The July 29 arrest of former Griffin Police Department Officer Matthew Boynton stemmed from a theft report filed Dec. 19, 2016, by his former wife, Jessica Lester. The subsequent investigation was short-lived, with it having been deemed a “civil matter.” However, with the later discovery of previously-unknown evidence, it evolved into an Internal Affairs investigation resulting in two felony charges against the former law enforcement officer.

Having previously learned of the new evidence that was turned in to the Griffin Police Department May 11 and the Internal Affairs investigation that resulted, The GRIP on July 7 submitted an Open Records request for information in the case. At that time, the city of Griffin reported the investigation was ongoing and was not expected to be completed for another month to six weeks.

This is how the two cases unfolded.

On Dec. 19, 2016, Lester met with GPD Investigator Dexter McCune regarding property she alleged Boynton had stolen.

“Jessica advised me that around 4.15.2016, when she and her ex-husband, Matthew Boynton, separated, he took several things that belongs to her without her permission,” McCune reported. “She also stated that she just wanted her things back, so I informed her that I would do a report on the incident.”

McCune also had Lester write a victim’s statement.

“Matthew Boynton along with Lee Boynton, Josh Guthrie and Courtney Callaway moved all of my personal belongings from the residence. I was at Atlanta Medical Center for a month. During my stay is when my personal belongings were taken and Matthew Boynton (3842) refuses to give them back,” Lester stated.

The specific items Lester alleged Boynton had stolen included a Toshiba laptop valued at $500; clothes valued at $300; jewelry valued at $50; kitchen items valued at $500; and a retainer valued at $150.

As part of that case, Lt. Karen Yancy, who leads the GPD Criminal Investigation Division, spoke with Boynton and on Jan. 5, reported, “On Dec. 19, 2016, I spoke with Matthew Boynton about these items. He advised that he does not have any of the items listed in this report.”

Yancy also requested that Boynton write a statement pertaining to the allegation.

Boynton’s statement, dated Jan. 9, said, “I was advised to complete a statement on a previous date by Lt. Yancey. Jessica Lester-Boynton’s property has already previously been returned to her by my step dad (Charles McDaniel Jr.) shortly after Jessica got out of the hospital. The dining room table along with other items were picked up by Cathy Zellner for Jessica. The remaining items such as a hope chest, clothing and other miscellaneous items were returned to Jessica. I do not have any other items of Jessica’s.”

The next action noted in the case occurred nearly two months later.

“I attempted to contact Jessica Boynton via telephone to advise her that this is a civil matter. I left a message with the lady that answered for her to call me. Statements from Jessica Boynton and Matthew Boynton are logged into evidence,” said a statement written by Yancy March 13.

Fast forward to May 11, the day numerous items that reportedly belonged to Lester were turned in to the Griffin Police Department.

On May 11, Will Sanders met with McCune and Yancy to turn in many articles of women’s clothing and other personal property including an orthodontic retainer.

According to Sanders, these items were obtained from a woman who contacted him and claimed to be Boynton’s girlfriend.

She alleged that many of Lester’s belongings remained in Boynton’s residence. She agreed to provide those items to Sanders, who then turned them in to the Griffin Police Department.

While GPD Chief Mike Yates said he is unable to release specific information due to the criminal nature of the case, he did confirm information The GRIP provided during a July 31 interview. However, he did not confirm that sequence.

“I’m not sure about that. That stuff apparently, from what we were able to discover through our investigation, went through several different peoples’ hands, which taints our chain of custody,” Yates said. “The chain of custody on that stuff is messed up. That’s what took so long to get it sorted out.”

Investigators confirmed at least some of this evidence did belong to Lester, but along with questions regarding the chain of custody was the issue of whether the belongings were personal or community property.

“There was a question of what was and was not community marital property, so that took some doing to sort that out, also,” Yates said, adding that many of the items reported as stolen – including the clothing, computer and household items – had been cited as community property during the couple’s divorce. “We had to establish a timeline for when that property was possessed – before the marriage or after it. Those properties obtained during the marriage would be considered community property.”

Ultimately, it came down to orthodontia – Lester’s retainer.

When asked to confirm that a July 26 appointment with Lester’s orthodontist was pivotal in the Internal Affairs case, Yates said it was.

“That was the best physical evidence that we had,” Yates said.

Because she owned the retainer prior to her marriage, it would not be considered community property.

“That’s what we had to establish,” Yates confirmed.

Once established as her personal belonging, this one piece of physical evidence contradicted Boynton’s January written “civil statement” in which he denied possessing any of Lester’s property.

“That was the subject of his charges – his statements and writings that we were able to prove were false,” Yates said.

Yates also said Boynton had provided a statement during the subsequent Internal Affairs investigation, acknowledging the items Sanders turned in were Lester’s belongings.

Based on that acknowledgement, The GRIP asked if it would not alleviate legal concerns pertaining to the chain of custody, and furthermore, why Boynton was not also charged with theft.

Yates said, “Yes, but that doesn’t overcome the civil side of it – whether it was or was not marital property, and even if it was, it would have been a misdemeanor as opposed to the two felonies.”

This all follows a Georgia Bureau of Investigation case that ultimately ruled Lester had attempted suicide in April 2016. The GRIP has reported extensively on seeming inconsistencies and irregularities in that GBI investigation.

When asked if Boynton’s arrest has led him to believe that case should be reopened, Yates said, “No. I’ve seen no evidence to indicate that would be necessary, but that does not preclude the GBI or anybody else from doing it if they choose. Emphasis on evidence. There’s a lot of speculation and a lot of theory, but evidence is not there to cause me to do that.”

When told The GRIP had received information that the Griffin Police Department had contact the GBI Friday morning prior to Boynton’s arrest, and asked the basis of that call, Yates said, “That would be just to let them know what we’re doing.”

He then said the GBI has not indicated to him that the investigation will be reopened.

Boynton was placed on administrative leave Thursday, July 28, and the Chief said his intent was to terminate the officer, but Boynton resigned before that process could be completed.

“(He resigned) about the time they brought him in. Somewhere in proximity to his arrest. I’m not sure if it was slightly before or slightly after. The way our charter is structured, termination takes two or three days. I don’t have the authority under our charter to hire or fire; it has to go to the city manager, so when you move toward a termination, it has to go through a process. A lot of times it’s two or three or more days,” Yates said. “A lot of times, what happens, especially if they’re involved in something very serious, they throw in the towel before it can go through the city’s process of termination.”

It is unknown what effect his arrest may have on Boynton’s criminal cases.

“It could have a negative effect on them, but those things have to be dealt with on a case by case basis. Most of the cases that he would have made or would be involved in would also have, or should have, body worn camera video, car video, things of that nature, so the fact that his statement to us was compromised would not necessarily taint everything else. It could, but it won’t necessarily do it,” Yates said.

When asked if Boynton had explained why he allegedly kept his ex-wife’s belongings, Yates said, “No. I haven’t listened to the actual investigation, but I don’t believe so, that he gave any explanation that made any sense.”

Boynton was released from the Spalding County Jail Friday night on a $4,806 cash bond.

SHEILA A. MATHEWS :::

Officials have determined the cause of a Saturday morning fire at 408 E. McIntosh Road that claimed the lives of two – 44-year-old Christie Lewis and six-year-old Zachaury Sevenstar.

Authorities say an investigation conducted by Spalding County Fire Marshal Harold Williams and State Fire Marshal Mickey Hunt determined the fire originated in the kitchen area of the residence, and resulted from a cigarette that was discarded in a trash can.

Due to heavy flames that had spread throughout the residence, personnel of the Spalding County Fire Department had to remove Lewis and Sevenstar through a window in the rear of their home.

CPR was administered immediately, but Lewis was pronounced dead at the scene by Spalding County Coroner Sonny Foster.

Sevenstar was resuscitated and transported by ambulance to the emergency room of WellStar Spalding Regional Hospital before being flown to the burn unit of Augusta Medical Center.

Foster announced Sunday that Sevenstar had been pronounced brain dead at 12:10 p.m.

The little boy’s family chose to donate young Zachaury’s organs to others.

Conner-Westbury Funeral Home is in charge of the final arrangements.

SHEILA A. MATHEWS :::

The GRIP has confirmed that Lt. Curtis Keys, of the Griffin Police Department, is the subject of an Internal Affairs investigation.

Upon receiving information pertaining to this investigation from two separate sources, an Open Records request was submitted to the city of Griffin.

In response, city officials stated that the investigation is active and ongoing.

The GRIP will continue to follow and report additional details of this Internal Affairs investigation as they become available.

STAFF REPORT :::

The Spalding County Sheriff’s Office Fugitive Apprehension Unit, while in the process of executing an arrest warrant, uncovered a case of alleged animal cruelty that resulted in the arrest of three individuals.

According to a press release issued by Sheriff Darrell Dix, at approximately 9:46 on Aug. 2, deputies with the Spalding County Sheriff’s Office Fugitive Apprehension Unit went to 1343 Apartment B, Jackson St., to attempt serve an arrest warrant for battery on Stephen Blanton.

Deputies searched the area for the wanted person, but were unable to locate him.

Dix reported that while still on scene, deputies found Felix Brownlee and William Brownlee in the back yard of the residence with a brown and white dog that was chained to a tree with the other end of the chain around its neck.

Authorities say the men had a pair of channel lock pliers and they were pulling on the chain when the deputies observed that it was deeply embedded in the flesh of the dog’s neck.

“The chain had been on the dog’s neck for such a long period of time that as the dog grew its flesh had actually grown over and through the links of the chain and it was under its skin. It was horrible and the dog was in considerable pain. The photographs taken at the scene are disturbing,” Dix said.

Spalding County Animal Control was contacted, took custody of the dog and transported it to a local veterinary hospital for treatment.

“Based on the investigation and the Veterinarian’s observations, Jennifer Brownlee, William Brownlee and Felix Brownlee were arrested and charged with aggravated cruelty to animals which is a felony. All three have been taken in to custody and are being held in the Spalding County Jail,” Dix said. “Initially it was thought that the dog, Jake, would have to be euthanized. After consulting further with the veterinarian, it was determined that instead of euthanizing Jake, surgery would be conducted to remove approximately seven inches of skin as deep as three inches from his neck in order to fix the damage caused by the chain. The surgery was completed yesterday and as of this morning Jake is doing fine. Captain Keith Duncan, Sgt. Michael Chadwick, Corporal Ryan Bowlden and I have volunteered to help offset the cost of the surgery and treatment that right now stands at a little over $1000.00. According to the veterinarian more treatment will be needed before the Jake gets a complete bill of health. If you are interested in helping out you can call Sgt. Chadwick or Cpl. Bowlden at the Spalding County Sheriff’s Office, 770.467.4282 for more information.”

Sgt. Gene Mathews, left, and Sgt. Richard Phillips, right, are seen with Drew Miller, of Wynn’s Pharmacy. Miller utilized a grant to provide the Griffin Police Department with Narcan, a lifesaving drug that treats opioid overdoses.

SUBMITTED :::

The Griffin Police Department has announced receipt of Narcan, which officials describe as a “lifesaving drug.”

Narcan is used to help save the life of a victim of an opioid overdose.

Authorities say Narcan will only reverse the effects of a person having an opioid overdose.

The rescue kits that will be utilized by GPD personnel were received from the Atlanta Harm Reduction Coalition.

In addition, the kits were received on a grant from Drew Miller of Wynn’s Pharmacy.

The Griffin Police Department will provide specific training on the drug and application before deployment on the streets.

The Griffin Police Department would like to thank Drew Miller of Wynn’s Pharmacy and the Atlanta Harm Reduction Coalition for this life saving drug.

SHEILA A. MATHEWS :::

The GRIP has confirmed that Sgt. Dwayne Hancock, of the Griffin Police Department, is the subject of an Internal Affairs investigation.

This follows a report two days ago that Lt. Curtis Keys is under formal investigation.

Upon receiving information pertaining to this investigation, an Open Records request was submitted to the city of Griffin.

In response, city officials stated that the investigation is active and ongoing.

The GRIP will continue to follow and report additional details of this Internal Affairs investigation as they become available.

This editorial column was written by Dusty Takle, and previously appeared in print.

Before I began parenting during the teen years, some parents told me, “Just wait. You think parenting is hard now…..”

I always wanted to respond, “Do you not remember what it is like parenting two- and three-year-olds? That’s hard.”

I never responded, though. I just continued chasing toddlers in stores, managing tantrums in restaurants and cleaning up the flood in the bathroom floor after nighttime baths, and paid no attention to their warnings.

I’m glad I did because there were some parents who told me, “Just wait. You’re going to love how your relationship with your teen develops.”

I chose to listen to them, and so far, they are right. Granted, I’m just getting started with an almost fifteen-year-old and thirteen-year-old, but I’m here to tell you that if you go into parenting these years thinking it’s going to be rough, chances are, they will.

We usually get exactly what we look for and expect, but if you enter these years with the expectation of your relationship growing, and you treat it like you would treat most any other relationship, then you may find yourself actually enjoying parenting teenagers.

The key is the word relationship. We throw the word around in parenting like it is something we treat differently. There are boundaries; there are rules; there are expectations, but parenting teens means you coach and guide, and more than anything else, you listen, just like you do in your other relationships.

You respect the fact that your teen isn’t exactly like you. She’s going to like different clothes than you, and he’s going to appreciate different music, and in as much as you immersed yourself into the years of Barbies and Hot Wheels because they were their passions, you immerse yourself into whatever it is that inspires and drives them now. You care about whatever it is they care about. Listen to them tell you what inspires them. Invest in it with them.

Listen to them tell you what is bothering them, even if it’s something you are doing. In order for them to do this, they need to know you’re a safe place. That means no freaking out is allowed. No defense is allowed. You just listen, accept and change.

We have family meetings from time to time. They aren’t always planned. It’s usually when we need to regroup as a family. Sometimes, we let our teens write down three things they feel we are doing well in our relationships with each other, and then we have them write three things they would love for us to do differently. Our teens know they can say anything without repercussion or even a response from us. We as parents read them privately and make some changes.

These are always eye-opening moments for us. I remember over a year ago, my oldest wrote to me, “Please, don’t look at me like I’m a boy.”

Whether intentionally or unintentionally, he felt like I treated him like he was boy instead of the young man he was. I began to make conscientious efforts to change this, and our relationship has benefited greatly.

Be a safe place. Listen to how they feel. Honor the relationship by not defending anything.

They need to know you’re safe. They need to know you’re not going to freak out. They need you to trust them to make some decisions on their own. I’ve said it before that we oftentimes judge others by their actions and ourselves by our intentions. I think the same can be said for how we treat our teens.

Treat them with the same respect you treat your spouse or your friend. Watch it develop into something that is fun and hilarious and deep and real and safe. Watch it keep you young. Listen to them. Laugh with them. ENJOY them.

Just wait. Parenting children only gets better.

SHEILA A. MATHEWS :::

Prior to his employment with the Griffin Police Department, Tyler Cooper worked for three other agencies – the Georgia Department of Corrections, the Henry County Sheriff’s Office and the Butt’s County Sheriff’s Office. The GRIP previously reported multiple incidents allegedly involving Cooper at the Butt’s County Sheriff’s Office that culminated with Cooper being described as “a liability to himself, other officers/deputies and to this department.”

The GRIP has now obtained Cooper’s Henry County Sheriff’s Office employment records that bolster the concerns cited by Butt’s County officials.

Hired March 31, 2014, as a jailer, Cooper resigned six months later. Initial monthly, and later weekly, performance evaluations paint a picture of an employee who appeared to struggle with numerous aspects of the job.

From May 1 through Aug. 31, he was reviewed monthly, with his superior officers initially praising his performance.

May’s evaluation indicated Cooper had familiarized himself with the Sheriff’s Office policies and procedures, interacted and communicated well with his coworkers, was respectful towards supervisors and followed his chain of command, showed up daily “ready to work with a good attitude,” was completing reports with minimal errors, did not seem to become easily stressed when the jail environment was busy and was recognized during an inspection for having the best uniform and appearance.

It was noted he needed improvement in his interpersonal skills.

“It has been noticed at times that he can become a bit condescending towards the inmate population. Officer Cooper needs to remember that his station does not automatically demand respect. It is earned,” the evaluation read.

June’s evaluation represented a solid job performance in such areas such as job knowledge, taking initiative, equipment, policies and procedures, work habits, judgment, written assignments and communications, problem solving, stress management and grooming and appearance.

However, there were some criteria where problems were reported such as interpersonal skills.

“Officer Cooper at times is rather coarse when communicating with inmates, and thus this has caused a very caustic relationship between Officer Cooper and the inmate population. Officer Cooper has referred many times to an inmate’s criminal record or their ‘history’ as inmates,” the report stated.

Peer relations was another area of concern.

“Officer Cooper has been described by some of his fellow officers as being unwilling to listen to suggestions or professional recommendations in reference to his duties and responsibilities,” the report read. “Some of Officer Cooper’s fellow officers feel there may be security issues or confrontations with inmates when assigned with him.”

Supervisor relations had also deteriorated.

“Officer Cooper’s shortfalls, both in interpersonal skills and peer relations have strained the working relationship between himself and his immediate supervisors. In order to improve his working relationship with his supervisors, Officer Cooper needs to improve upon the way in which he interacts with others,” the report stated.

Cooper also received a written reprimand in June for losing possession of store goods, for which he was required to make payment.

“Officer Cooper displayed poor judgment when handling said store goods during store call,” the report read.

In July, Cooper spent two weeks at the Georgia Peace Officers Standards and Training Council, where he successfully completed the Basic Jail Certification course. That month’s evaluation showed marked improvement in previous areas of deficiency and concern.

In reviews of interpersonal skills, peer relations and supervisor relations, HCSO officials noted positive remarks.

“Officer T. Cooper has shown improvement in this area, and has documented an ability to learn and grow both as an officer and as an individual,” was noted under interpersonal skills.

Also documented was improvement in peer relations, and that Cooper appeared to have a better working relationship and was building rapport with his coworkers. He was also said to respect his chain of command.

Despite the improvements documented in his July evaluation, documentation from August demonstrated a significant decrease in job performance including:

Not being completely familiar with the laws and standards that govern jail operations

The demonstration of several errors in his understanding of policies and procedures

The demonstration of a lack of good judgment, particularly in conflict resolution on several occasions

The need to focus on resolving conflicts

The lack of ability to accept constructive criticism and guidance from his supervisors

Among the specific notations were:

“After being counselled on 8/13 and 8/15 about situations where he pulled his O.C. unnecessarily, Lt. Duke instructed Officer Cooper not to bring his O.C. spray to work until he could exercise better judgment.”

“Officer Cooper received a written reprimand for refusing to issue an inmate toilet paper. Addressing inmates’ basic sanitary needs is a core standard of the successful operation of the jail.”

“Officer Cooper needs to work on resolving conflicts. Officer Cooper was reassigned from his posting as Medical Officer by Sgt. W. Holland on 08/13/14 due to improperly handling a situation with an inmate that led to an escalating verbal conflict and nearly led to an unnecessary use of force.”

“Multiple coworkers have expressed reservations about working with Officer Cooper in multiple situations.”

“Officer Cooper has not been receptive to counseling by his immediate supervisors. Officer Cooper has stated that corrective action taken against him was ‘bullsh*t,’ and that Lt. Duke was ‘disrespecting’ him when addressing an Employee Violation Report on 08/24. Officer Cooper felt a subsequent report was ‘retaliation.’”

“Officer Cooper is an intelligent person who has the ability to solve problems if he puts his mind to the task. However, his lack of sound decision making ability impedes his ability to arrive at effective solutions to problems.”

“Officer Cooper would do well to review how to appropriately assist an officer already engaged in physical force without escalating to other force options unless necessary.”

In summary, the report states, “During this rating period, Officer Cooper has received multiple write-ups for his conduct, which has been a major topic of discussion in previous evaluations. Officer Cooper at this point has failed to take the advice/counseling offered by his supervisors. During the last evaluation period, Officer Cooper’s evaluation was near-satisfactory and the supervisors felt that he was on the right path towards correcting his issues. Officer Cooper’s performance during this evaluation period has severely declined. Now, as a result of his write-ups, Officer Cooper is to receive weekly evaluations until further notice per Chief Foster.”

During the month of September 2014, Cooper received four weekly evaluations. The first showed marked improvement throughout each aspect of his job performance. However, each the three subsequent weekly evaluations illustrated ongoing and serious problems as noted:

Failing to take initiative to ensure inmates housed in the medical were awakened to eat

Reports from some coworkers that his demeanor “comes off as arrogant and cocky, which makes it hard for him to interact with inmates”

“Some of Officer Cooper’s coworkers do not wish to work alongside him. They feel that he does not respect his senior officers and does not listen to advice they give.”

Sometimes displays a lack of judgment

Received multiple complaints from inmates about his behavior and attitude towards them

“Some of Officer Cooper’s coworkers have expressed concerns about having to work alongside him. They feel that Officer Cooper’s actions are a potential safety issue.”

Made decisions that posed the potential to get coworkers involved in altercations

Continued to turn in substandard reports

“Some of Officer Cooper’s coworkers have expressed serious concerns about him as a Tower operator responsible for the safety of his rovers. Others have indicated they would prefer he not be trained in direct supervision as they are worried he will ‘get himself or someone else hurt.’”

“Officer Cooper’s relationship with his supervisors continues to be unsatisfactory. He continues to present himself as unreceptive to constructive criticism offered to him by his supervisors.”

“Officer Cooper continues to refuse to accept responsibility for his actions.”

“Officer Cooper’s continued poor relationship with his supervisors is hampering his potential in his chosen career. Acceptance of constructive criticism and feedback from his supervisors, and a positive working relationship with his coworkers is essential for him to succeed in any law enforcement position.”

On Sept. 29, Cooper submitted a letter of resignation, stating, “This letter is to serve as my notice of formal resignation from the position of detention officer at the Henry County Sheriff’s Office, effective on the 16^th day of October, 2014. I will be using this absence to progress and ultimately further my career in law enforcement. Thanks for the opportunity provided, but this agency did not meet my overall expectation that was initially explained in the hiring process. I appreciate all those who helped me to see my true potential. I wish you, as well as the agency, all the best.”

Upon the recommendation of his supervisor, Cooper’s resignation was made effective immediately.

SHEILA A. MATHEWS :::

After being contacted by concerned individuals and upon receipt of a letter from a “concerned citizen,” all of which pertained to a schedule change for officers of the Griffin Police Department’s Uniform Patrol Division, The GRIP reached out to Chief Mike Yates seeking information on the issue.

Of concern to some was the reduction in scheduled work hours for those officers. Under the previous 12-hour shift schedule, officers worked seven days in each two-week pay period. With the change to 10-hour shifts, some said that was reduced to 80 hours worked in eight days during each two-week pay period. The questions raised were would this result in the loss of 104 hours of pay annually, would it reduce the number of officers patrolling the city and had this change been implemented as a form of punishment for officers perceived to be less productive than was acceptable.

In a June 27 interview with Yates, he addressed those concerns and explained the purpose for the change.

“As far as the letter goes, I’m not too inclined to get caught up in some anonymous email. It speaks of a lack of credibility, and as you well know, some people will do or say anything to get their way, so…” Yates said before addressing the matter at hand.

Asked if the change to 10-hour shifts would reduce the manpower of the Uniform Patrol Division, Yates said, “Really not much. Not when you figure in off days and training time off and things like that. You’ve got to think the impact of somebody taking the day off on a 12-hour shift is greater than somebody taking the day off on a 10-hour shift.

On 12-hour shifts, there is no overlap during the peak hours, so you have what you have. On 10-hour shifts, there is a two- to four-hour overlap depending on how you structure them, and you match that overlap to your peak periods of time, so during your peak periods of time, you actually can have as many as double the amount of officers deployed that you would under normal circumstances.

It’s a fairly-common mechanism. Griffin has used it before. Lots of other places use it.”

Responding to the question of whether the change was to punish officers for being unproductive, Yates said that was a concern.

“Well, it does have something to do with productivity, because as people get through their 12-hour shift cycle and they work their long week, they’re less likely to make cases and things of that nature where they’ll be required to come in for court on their off day. We found several instances where people didn’t show up for court, and people perhaps should have made arrests on domestic violence cases and they didn’t, so we can’t take chances with that,” he said, later adding, “There’s also some relationship to going to court because with 10-hour shifts, you have more people that can be scheduled that can go to court on their regular assigned day to work instead of having to work over or come in.”

He said the decision was also based on a “study of how we were being deployed, trying to reduce our overtime costs and trying to cover our peak hours better.”

Yates explained that he had preferred eight-hour shifts, but was willing to try 10-hour shifts to see if they would be successful.

“I mean, to be honest, my preference was to go to eight-hour shifts, but I compromised on it. I think you’ll see a trend regionally and nationwide in some ways in going back to eights,” he said. “Now, we are a bit of an anomaly in this region because I think we’re probably one of the few – if not the only entity around here – that is essentially 100 percent staffed and has a waiting list of people to come to work here. I don’t know particularly exactly what’s driving that, but we’re in much better shape than we’ve been in a long time, so because of that and because of us looking at 100 percent staffing in the eye, you know, I was willing to compromise and go to the 10s. And I worked 10s for a long time. I like them.”

Another benefit of shorter shifts is less fatigue and fewer working days.

“People are tired on 12-hour shifts,” he said, adding, “As agencies are having difficulty filling positions, agencies are having to work personnel more days per pay cycle.”

When asked if the 10-hour shifts would remain in place, Yates did not rule out the possibility of further shortening shifts.

“I don’t know. We’re going to give this one a good honest shot and see how it works, and if it doesn’t work, then we might, but you never know. I’m confident it will work,” he said.

Addressing the question of whether shortening the shifts would result in officers being scheduled to work fewer hours, Yates strongly denied that legitimacy of that concern.

“You were told wrong. Imagine that,” he said.

He explained that on 12-hour shifts, officers worked one long week consisting of four shifts and one short week consisting of three shifts, for a total of seven shifts per two-week pay period. On 10-hour shifts, officers work eight shifts per pay period.

“There’s not a dimes worth of difference between the two as far as the amount of time they work and what they’re compensated,” he said.

When asked how he accounts for the four-hour difference, Yates said, “Ten hours is a little bit deceptive because it’s actually 10.25 hours per day because they’re required to come in 15 minutes early. In the pay period, it amounts to exactly the same number of hours worked as on a 12-hour shift during a two-week pay period.”

Yates then questioned the purpose of the interview.

“Let me ask you this – this is the first time I’ve ever done an interview over a shift change. What’s the interest in that other than someone’s anonymous nasty-gram?” he asked. “I’m sure there’s a personal motivation there.”

Following this interview, questions remained regarding Yates’ claim that officers were scheduled for no fewer hours under his shift change. Thus, a follow-up phone interview was conducted.

At that time, the Chief reiterated his stance that officers lost no scheduled work hours.

“That’s correct. The same number of hours,” he stated.

Even taking into account his statement that officers are required to report 15 minutes prior to their shift start time, a difference of 3.75 hours remained.

“That’s not, it’s 10.5 hours per day. They get paid for their lunch, too,” he said.

Yates then said that on 10-hour shifts, UPD officers are allowed an additional 15 minutes on the clock upon the conclusion of their scheduled shift.

“We figure that in on the end for finishing up paperwork and things of that nature. If you’ll note, in real life, on 12-hour shifts, there’s always overlap and some time coming and going, too,” he said.

When asked if the two 15-minute periods were not also in place when officers worked 12-hour shifts, thus making them a 12.5-hour shift, Yates said, “No, it was a 12-hour shift. The ten hours are done a little bit different so they can have some communication with one another as the shifts overlap. You have people coming and going, but not all at the same time, so it helps to pass on information from one shift to another instead of everybody changing at one time with a little interface between the shifts. I mean, they still tried to talk to one another, but there was not compensation. The 12s were 12s.”

After the conclusion of this phone interview, Yates emailed The GRIP and said, “Shift Hours 10 Hour shifts = 10.5 hours per day X 8 Days in a two week work cycle = 84 Hours Shift Hours 12 Hour Shifts = 12 Hours per day X 7 Days in a two week work cycle =  84 Hours Just for clarification”

The GRIP again attempted to clarify whether the two 15-minute increments were exclusive to 10-hour shifts.

Yates responded by saying, “I have already explained this to you fully. I even sent you a follow up e-mail explaining that both 12 and 10 hour shifts have the same number of “scheduled” hours per pay period, 84, 2184 hours per year. I also explained that in “real life” the hours vary due to having to stay late, being called in, court and training hours. Barring a fmla (sic) leave or something extraordinary every officer will work more than the “scheduled” 2184 hours per year irrespective of whether they are on 10s, 12’s or even 8’s. To infer, or attempt to report, that officers may suffer some “loss” in hours worked, due to a shift structure change, is totally false and would compromise journalistic integrity.”

In an abundance of caution, The GRIP then determined to hold this story from print pending receipt of additional information following an Open Records request reading, “Pursuant to OCGA 50-18-70 I wish to obtain the full payroll policy and procedures of the Griffin Police Department for 12-hour shifts and ten-hour shifts.”

The records provided in response to this Open Records request – the GPD Standard Operating Procedures Title 20: Chapter 20 Patrol (for both 10- and 12-hour shifts) – did provide the final clarification sought.

Contrary to Yates repeated denials and concerns regarding compromised journalistic integrity, the policy for both 10- and 12-hour shifts is identical.

Both state, “To provide continuous coverage during shift change, the oncoming watch shall commence roll call not later than fifteen minutes prior to the hour duty begins. Officers already on duty shall begin coming in to the station no earlier than five minutes prior to the hour their duty ends.”