4 unanswered questions about Charlotte’s reported settlement with CMPD chief
More than a week after news broke of the Charlotte City Council agreeing to a settlement with the city’s chief of police, key questions about the situation remain unanswered.
WSOC and WFAE reported May 6 the City Council agreed in closed session to a financial settlement with Charlotte-Mecklenburg Police Chief Johnny Jennings. The deal reportedly prevented a potential lawsuit over now former-Council member Tariq Bokhari’s push to get new bulletproof vests for police officers.
Council member Victoria Watlington sparked fresh controversy over the reported deal when she sent an email to supporters saying she was “extremely concerned with the level of unethical, immoral, and frankly, illegal activities occurring within City government.” The email didn’t specify what she was referring to, and Watlington told The Charlotte Observer she was concerned about “the culture of the organization and how work is done.”
The email prompted a press conference Wednesday with Mayor Vi Lyles and other council members, who called the claims “unfounded” and for Watlington to produce evidence to support her comments. Watlington sent another email Thursday saying she does not have concerns about “financial or widespread corruption.”
But the city has not confirmed a settlement deal. Officials also haven’t announced what, if any, investigations will arise from the incidents. Here are some still lingering questions about the reported settlement.
How much will Charlotte pay Jennings?
The city has not publicly announced the terms of the settlement with Jennings, including the exact amount of any payout.
WFAE reported it’s a six-figure amount, and Council member Tiawana Brown said on Facebook the amount was $300,000. That’s more than Jennings’ annual salary of $280,334.
Brown told the Observer Monday what she posted was an estimate based on what she’s heard from others because she was absent from the April 28 closed session.
The Observer and other media outlets filed public records requests with the city for the settlement terms.
Will Charlotte disclose settlement amount?
State law allows for closed session votes on settlements, but the terms must be made public “as soon as possible with a reasonable time after the settlement is concluded,” attorney Mike Tadych told the Observer.
Asked when and if the city would announce the settlement amount, interim City Attorney Anthony Fox told reporters after Wednesday’s press conference he would “comply with the law.”
But he stopped short of explicitly pledging to release settlement details.
Tadych, who specializes in First Amendment law, noted the city’s history of struggling to fulfill records requests and produce meeting minutes swiftly.
“Given Charlotte’s near failure to keep minutes of their meetings in a timely fashion, who knows when that will occur,” he said.
What would Jennings have sued for?
Jennings has not commented publicly on the situation.
Based on the limited information available, Jennings could sue on civil allegations of defamation or emotional harm, University of North Carolina School of Law professor Rick Su told the Observer.
Defamation suits require false statements be published to a third party and have caused injury to the plaintiff’s reputation. As a public figure, Jennings also would have to prove “actual malice,” a legal distinction that says the allegedly defamatory statement had to have been said with knowledge of or reckless disregard for its falsity.
Su said he saw nothing in current news reports to suggest that Bokhari’s statements “would be knowingly false and done purely out of malice.”
Will city attorney investigate closed session leaks?
During Wednesday’s press conference, City Council member Malcolm Graham called for city leaders to consider an investigation into who is responsible for leaking information about closed session meetings.
“They impact the ability for the City Council and the manager’s office to have a relationship that works, that’s built on trust and transparency,” Graham said of leaks. “Many of the leaks to the media in front of me are half truths about a wide variety of issues, and because we cannot disclose they go unanswered.”
Fox told reporters that day any investigation would likely involve bringing in outside counsel. He also suggested leaking closed session details could lead to criminal penalties.
But Fox walked back that comment Friday, releasing a statement through a city spokesperson saying he meant to say a person “could be subject to criminal sanctions” if they share information from a personnel file under state privacy law.
A city spokesperson had not answered follow-up questions from an Observer reporter about whether Fox will pursue an investigation as of Tuesday afternoon.
Lyles did not address the potential of a leak investigation at Monday’s council meeting, but she did announce a plan to partner with Council member Renee Perkins Johnson on efforts to change and improve the council’s processes.
Observer reporter Julia Coin contributed reporting to this story.
