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Discrimination complaint filed on chief

The photo at left, from worldschoolphotographs.com, shows the image Lake City Police Department Lt. Rudolph Davis saw after he clicked on a link to the Web site which allegedly was forwarded from Lake City Police Chief Steven Burch. Davis has retained legal services and has filed a complaint alleging the Web site link is discriminatory. IMAGE FROM WWW.WORLDSCHOOLPHOTOGRAPHS.COM (http://WWW.WORLDSCHOOLPHOTOGRAPHS.COM)
City to launch investigation into lieutenant’s claims.
By TONY BRITT
tbritt@lakecityreporter.com
Published: Thursday, June 19, 2008 6:11 AM EDT
A Lake City Police Department lieutenant has filed several complaints against Lake City Police Chief Steven Burch for alleged discrimination.

Both complaints were filed by Lt. Rudolph Davis, an 18-year veteran.

One complaint was filed with the City of Lake City while the other was filed with the Equal Employment Opportunity Commission (EEOC). The complaint filed with the city alleges a single incident of discrimination while the complaint filed with the EEOC claims several instances of discrimination.

In Davis’ complaint aginst the city, he alleges Burch circulated an e-mailed Web site link through the department’s e-mail system in which the link

then allegedly instructed users in the department to supply information from their high school in order to find high school photographs. When users click on high school photograph information, a photograph of three monkeys appears.

Davis was asked for comment but referred all questions to attorney Greg Durden, who Davis has retained for his services to handle his complaint.

Laundry list

Durden, who is based out of Fort Lauderdale, said the complaint stems from a number of things.

“Before he (Davis) had filed a complaint with the prior police chief — and as I understand it when a new police chief was hired — the city manager gave the new police chief that file and told him (Burch) to read it,” Durden said. “He (Burch) took that as somebody to put in check. This began a series of things against him, including promoting a white lieutenant and giving him a new office, new car, nights and weekends off and then they eliminated a captain position that(Davis) would have gotten; but they eliminated the position so he could not be promoted.

“Then they threatened him with his job,” Durden said. “At some point you have to do something. The whole thing with the e-mail just sent (Davis) over the edge.”

Durden said Davis’ complaint comes from wanting to see a more efficient police department.

Other instances

Previously, Davis filed a grievance against former Police Chief David Allbritton alleging racial discrimination, however the claims were found to be without merit after an investigation by the City of Lake City.

“What we want to have is to give them (city officials) this issue and let them address it,” Durden said. “Lt. Davis only wants this to be a better police department. Most people who file discrimination charges aren’t after money, they only want to make things better.

“He just wants to see a police department the way it’s supposed to be. When you have a police chief who says it’s OK to mistreat black police officers, you create a mindset that other officers don’t have to back them up,” Durden said. “You create a paranoia, and it puts the police in danger and the community in danger, and that’s what’s wrong with this and that’s why we are so concerned.”

According to a letter submitted by Durden on Wednesday to Lake City Mayor Stephen Witt, the Web site link Burch sent to department members was interpreted as being insensitive, disrespectful and outrageous. The letter to Witt accuses Burch as referencing Lt. Davis, an African-American, as being a monkey.

According to Davis’ complaint, at 4:15 p.m. on May 22, “Burch sent me” an e-mail on an office police computer in reference to “Find Your High School Senior Photo.”

Davis’ complaint says he put in the requested information, and after clicking “view photos,” the next page showed a picture of three monkeys with writing above the picture which read, “We think the one in the middle is you!”

“As an African-American, I am very offended by this e-mail the Chief of Police sent/forwarded to me,” Davis wrote in his complaint. “This e-mail was not funny to me, and along with everything else that has occurred since Chief Burch has been chief of the Lake City Police Department, this is very discouraging. I ask that immediate actions be taken against Chief Burch for his insensitive actions.”

Mending fences?

On Friday, May 23, according to documentation supplied by Durden’s office, Burch apologized for his actions.

“I have to apologize to everyone,” Burch said, via an office e-mail, which was obtained from Durden. “This e-mail came from the Chief’s Association and I thought it was an investigative tool. Apparently the chief who sent it has a sense of humor. While this might be funny, it is inappropriate for the workplace.

“The lesson learned here,” Burch’s apology reads, “is that I will review materials I receive more carefully before I disseminate them on the department e-mail. I will be preparing an employee log entry for myself regarding this failure.”

The alleged e-mail, and subsequent complaint filed by Davis, come on the heels of an electronic mail policy instituted by Burch on May 8.

Mayor comments

“At this moment I don’t have enough information to make a comment,” Witt said. “My understanding is the e-mail was an accident and nothing he (Burch) had seen before. It certainly wasn’t intended by him, according to what I’ve heard so far. I believe the investigation has been turned over to (city attorney Herbert) Darby to look into and find out and get to the bottom of everything so we can make a judgment on what we need to do.”

Witt said City Council will not have anything to do with the investigation itself since the investigation is being handled by Darby, who will report directly to Lake City City Manager Scott Reynolds.

Witt said he believes the investigation began when Reynolds learned of the accusations nearly a week ago.

“As with anything, we want to get to the truth of it and find out what’s going on and to take whatever action is appropriate in the dealing with the situation,” Witt said.

Reynolds on Wednesday said he was aware of Davis’ complaint.

“We received a communiqué this morning (Wednesday) that he (Davis) has retained an attorney,” Reynolds said, noting he initially received a complaint from Davis last week. “I received a complaint from Lt. Davis last Friday and started an active investigation and it’s been turned over to the city attorney’s office.”

Reynolds said he expects findings from the report to be returned to him shortly.

According to the 1995 City of Lake City Employee Handbook, as city manager, Reynolds has 30 days to make a finding in the case.

Reynolds said the city attorney and the Florida League of Cities attorney will conduct interviews and compile findings for the report from thei interviews.

Burch was in meetings Wednesday and did not return phone messages when the meeting ended.

Staff writer Troy Roberts contributed to this story.




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