Charlotte says it won’t release some records related to CMPD chief agreement
The city of Charlotte says it won’t release certain records related to Charlotte-Mecklenburg Police Chief Johnny Jennings’ “separation agreement” with the city.
The Charlotte Observer submitted multiple public records requests after WSOC and WFAE first reported the Charlotte City Council voted on a settlement with Jennings in early May. The deal, made in closed session, was reportedly to avoid a lawsuit over now former-Council member Tariq Bokhari’s communications with Jennings.
The city remained mum on any agreement for weeks as some leaders called for an investigation into leaks of closed session details and others alleged misconduct. State Auditor Dave Boliek announced his office would investigate the matter.
Jennings ultimately released his “separation agreement,” worth $305,000, to the media on a Sunday night in late May. The release came just after he announced his retirement and the terms of the deal in an interview with The Charlotte Optimist newsletter and The Assembly.
The city has fulfilled some public records requests related to Jennings’ exit but denied others. Some additional requests remain open.
Charlotte won’t fill some Jennings public records requests
The city responded to a request for written communications to or from Jennings in April and May concerning a separation or settlement agreement by saying the requested records are protected by “the privacy of employee personnel records law.”
“Thus, the release or disclosure of information or records subject to protection in an employee personnel file under the personnel privacy statute is a Class 3 misdemeanor, a criminal violation. When an employee waives their right to personnel privacy, they may elect to disclose personnel privacy information or records,” the city said.
CMPD also responded to that request saying it had no responsive records.
The city provided the same response to a request for a copy of any documents and/or written communications in which Jennings or any designated representative, such as legal counsel, made “allegations regarding violations of his rights under state and federal law” and any city responses to those documents. The phrase quoted in that request reflects language in the documents Jennings released.
The city closed two additional Observer requests without providing any records and using the same language, including for:
The terms of any settlement reached with Jennings
A copy of any general waiver, release or separation agreement and any attachments or accompanying documentation signed by Jennings in April or May
City staff did not immediately respond to follow-up questions from an Observer editor about why the outlet’s requests were denied. The city has repeatedly cited privacy law when questioned about the Jennings situation.
Interim City Attorney Anthony Fox previously walked back claims he made to reporters during the Jennings saga that someone leaking closed session information could face misdemeanor charges under state open meetings law. He clarified days later in a statement he meant to say a person “could be subject to criminal sanctions” if they share information from a personnel file under state privacy law.
Despite the city not releasing records, Jennings own disclosure of his agreement shed light on his deal.
Jennings released the full settlement agreement and a waiver that allowed the release to media outlets shortly after his interview with the Optimist was published. The agreement said Jennings made “allegations regarding violation of his rights under state and federal law related to his employment with the City of Charlotte” and that the city denied those allegations.
It includes $305,000 in compensation, including a raise, severance, a retention bonus and an additional 40 vacation days. Jennings is scheduled to retire at the end of the year under the agreement.
Fulfilled public records requests on Jennings exit
Charlotte has provided some public records in response to additional requests from the Observer, including for:
Any documentation submitted by Charlotte-Mecklenburg NAACP President Corine Mack as part of an ethics complaint she filed in January against Bokhari over his treatment of Jennings
Written communications to or from head city spokesman Jason Schneider in April and May containing certain keywords related to Jennings
All items in Jennings’ personnel file allowed to be released under state law
Those documents provided details on how much Jennings has been paid during his decades-long tenure with the city, how the city handled Mack’s ultimately dismissed ethics complaint and how the city’s communications team approached reporting on Jennings’ future with the city.
The records show emails between city and CMPD spokespersons coordinating the timing of a news release about Jennings’ retirement in connection to the publication of the Optimist story and laying out the city’s strategy for announcing the retirement.
They show Schneider telling his staff the city’s official statement will be that Jennings’ “amended agreement allows the chief to release information without violating the agreement but does not release the city from its requirements to comply with” state privacy law.
Outstanding public records request on Jennings
The Observer also has outstanding requests, including for:
Any written communication sent to the city since Nov. 1 on behalf of any legal counsel representing Jennings.
Any written communication by Jennings since Nov. 1 about Bokhari and certain related terms.
Any written communication to or from council members in January about Mack’s ethics complaint.
Written communications to or from City Manager Marcus Jones in May containing certain keywords related to Jennings
The Observer reported last year the city was facing a sizable backlog of records requests, some dating back years. City leaders said at the time they were migrating to a new system and increasing staffing to address issues.
This story was originally published June 25, 2025 at 5:00 AM.
