Port Wentworth Police Department 323 Cantyre Street Port Wentworth, Georgia 31407 Matthew W. Libby ‘Telephone: (912) 964-4360 Chief of Police Fas: (912) 966-7405 May 18, 2021 To: Mr. Ed Booth, City Manager From: Matthew W. Libby, Chief of Police Ref: Unlawful harassment / Hostile work environment Sir, Per the City of Port Wentworth Human Resource Policy section 7.13 Unlawful Harassment, [ am notilying you and the City of Port Wentworth of a hostile work environment, On May 17, 2021 I attended the City budget workshop at City Hall, Present at this workshop where, you along with Mayor Norton, Councilmen Barbee, Councilmen Hodges, Couneilmen Griner and Mayor Pro-Tem Councilwomen Smith. Also present where Major Sherrod, Chief Moore, Mr. Harvey, Mrs. Searboro and Mrs. Irizarry. After my budget presentation Mr. Barbee proceeded to ask several questions and became confrontational with me during this meeting. Mr. Barbee was wanting to discuss the operations of the department during this meeting which was not the proper venue for such discussion, The following is alist of issues that occurred in this meeting: 1. Barbee was argumentative with me and attempting to get me to act unprofessional at budget workshop on May 17" 2. He first asked if | knew that my department issued more citations than any other agency. 1 explained that we are proactive and that is a main reason we are a safe city. 3. Barbee then asked if | was aware that Judge Coolidge and Judge Tomlinson were paid per citation for sitting on the bench and hearing cases. | quickly explained that was not true and that he had just slandered both judges and accused them of a felony. 4. Barbee then asked about the number of minority employees we had on the department. | believe he was attempting to smear my name and reputation and accuse me of being racist. 5. Barbee then asked me about community policing and if | knew what it meant. | explained to him that this department does community policing. | asked Barbee what he wanted me to do‘and explained to him that if he gave me more officers, | could do more community policing and that we were not the Savannah Police and did not have unlimited resources. 6. Barbee then demanded to have a meeting with me to discuss department operations. This is in direct violation/conffict with the City Charter which states we are a City Manager form and as such Barbee should go through the City Manager's office, 7. On December 11, 2019 former City Administrator Steve Davis illegally fired me from my position as Director of Public Safety. This termination was ordered by Barbee and three other council ‘members, Ina meeting prior to this termination, | told Davis | knew that Barbee and the others wanted me gone. Davis stated yes, they did 8 On March 6, 2020 | was re-hired as the Chief of Police. In that agreement the City Council agreed unanimously that | was terminated illegally and agreed to a settlement for that illegal termination. 9. On May 18", 2021 Barbee requested an open records request on the invoices we pay the judges. | feel that Mr. Barbee is targeting me for termination due to the past illegal termination and settlement. [also feel and believe that Mr. Barbee is targeting based on my race and age. Respectfully, hia Libby Chief of Police ce: Gary Norton, Mayor Jimmy Coursey, City Attorney Mrs. Youlanda Irizarry, Director of Human Resources " {7 wh AS great He taser weet CBP of BO” A Ly. ¢ Ad Oe. - hs A es ft ee MA ee ent Fe? flo doleghwe FF bund tat te A penta Jae OF enedila fb Mar EO Coot ie By pace care “FG hoe oe tae < se Mbwwres FP “ YPort Wentworth Police Department 323 Cantvre Street Post Wentworth, Georgia 31407 Matthew W. Libby elephone: (912) 964-1364 Chie of Pate Fax: (912) 966-7405 May 18, 2021 To: Mr. Ed Booth, City Manager From: Matthew W. Libby, Chief of Police Ref: Unlawful harassment / Hostile work environment Sir, Per the City of Port Wentworth Human Resource Policy section 7.13 Unlawful Harassment, Lam notifying you and the City of Port Wentworth of a hostile work environment. On May 17, 2021 I attended the City budget workshop at City Hall. Present at this workshop where, you along with Mayor Norton, Councilmen Barbee, Councilmen Hodges, Councilmen Griner and Mayor Pro-Tem Councilwomen Smith. Also present where Major Sherrod, Chief Moore, Mr. Harvey, Mrs. Searboro and Mrs. Irizarry. Aftcr my budget presentation Mr. Barbee proceeded to ask several questions and became confrontational with me during this mecting, Mr. Barbee was wanting to discuss the operations of the department during this meeting which was not the proper venue for such discussion, ‘The following is a list of issues that occurred in this meeting: 1. Barbee was argumentative with me and attempting to get me to act unprofessional at budget workshop on May 17% 2. He first asked if | knew that my department issued more citations than any other agency. | explained that we are proactive and that is a main reason we are a safe city. 3. Barbee then asked if | was aware that Judge Coolidge and Judge Tomlinson were paid per Citation for sitting on the bench and hearing cases. | quickly explained that was not true and that he had just slandered both judges and accused them of a felony. 4. Barbee then asked about the number of minority employees we had on the department. 1 believe he was attempting to smear my name and reputation and accuse me of being racist. 5. Barbee then asked me about community policing and if | knew what it meant. | explained to him that this department does community policing. | asked Barbee what he wanted me to doand explained to him that ithe gave me more officers, I could do more community policing and that we were not the Savannah Police and did not have unlimited resources, 5: Barbee then demanded to have a meeting with me to discuss department operations. This is in slrectviolation/conflct with the City Charter which states we are a City Manager form and ac such Barbee should go through the City Manager's office. 7. On December 11, 2019 former City Administrator Steve Davis illegally fired me from my position 2s Director of Public Safety. This termination was ordered by Barbee and three other counel members. In a meeting prior to this termination, | told Davis | knew that Barbee and the others wanted me gone. Davis stated yes, they did. 8. On March 6, 20201 was re-hired as the Chief of Police. In that agreement the City Council agreed unanimously that | was terminated illegally and agreed to a settlement for that illegal termination. ®- On May 18%, 2021 Barbee requested an open records request on the invoices we pay the judges. | feel that Mr. Barbee is targeting me for termination due to the pas illegal termination and Settlement, 1 also feel and believe that Mr. Barbee is targeting based on my race and age, Respectfully, JB OLx Matthew W< Libby Chief of Police ce: Gary Norton, Mayor Jimmy Coursey, City Attorney Mrs. Youlanda Irizarry, Director of Human ResourcesMay 19, 2021 Thomas Barbee | Re: Comp! it of Unlawful Harassment /Hostile Work Environment Dear Mr. Barbee, Section 7.10 of the City of Port Wentworth Human Resources Policy defines Tene berms Workplace Violence as “intimidation, verbal or implied threats, violence or the Btoaniines BNA threat of violence against an individual during the course of their work”. Section 7.13 of this same policy outlines Untawful Harassment to include matters related to Sexual Harassment. The policy states “itis illegal and against the policy of the City of Port Wentworth for any person to harass, threaten or intimidate another employee on the basis of their race, color, religion, age, sex, disability, or national origin. The City of Port Wentworth will not tolerate conduct that constitutes unlawful harassment by its employees.” With this in mind, Matthew Libby, Chief of Police Operations for the City of Port Wentworth, submitted a Notice of Hostile/Offensive Work Environment to City Manager Edwin Booth, Mayor Gary Norton, City Attorney James L. Coursey, Jr. | and Director of Human Resources Yolanda Irizarry on Tuesday, May 18, 2021 | In the letter, Chief Libby addressed his concems stating that “after my budget presentation Mr. Barbee proceeded to ask several questions and became confrontational with me during the meeting” According to Section 7.13-C “Hostile/Offensive Working Environment determined based on the particular circumstances, but shall include severe or pervasive written, verbal, or physical conduct directed toward an employee on the basis of one’s race, color, religion, age, sex, disability, or national origin”. Therefore, it is my responsibility as City Manager to comply with the policies mentioned as it concems employees and provide a prompt, thorough and impartial investigation of the harassment complaint. | _ Internal Revenue Code section 3401 (c) indicates that an “officer, employee, or elected official” of government is an employee for income tax withholding purposes. Thus, all policies and procedures expressed in the City of PortCITY OF eas WENTWORTH | Georgia cro ca Unc ESod Pace Wentworth Human Resources Policy booklet applies to both regular full-time ELECTED OFFICIA and part-time employees, as well as Mayor and Council. Accordingly, an wees — immediate investigation will ensue with the following steps: MAYOR Step 1. A neutral investigator will be employed to research the compliant. ere) Step 2. Interviews of the person complaining of harassment/hostile work- environment, the alleged harasser and any witnesses will be interviewed, Osa SELES NOTE: Each ite 1d will be infc 2d that only the ith irae Sth sn ao : Each person interviewed will be informed that only those with a ae ies re legitimate need to know will be disclosed information and that the details of the cael aa mtb = investigation will be kept confidential. Peele istrict 1 Dees Step 3. A reasonable, good-faith conclusion about the harassment complaint Lynwood Griner, District 3 will be drawn by the employed neutral investigator. rc Perens Step 4. The neutral investigator will notify the City Manager, the person who roa EU ct filed the complaint and the alleged harasser in writing to briefly explain the me results of the investigation and outline the next steps within 10 business days of the conclusion of the investigation. > If the neutral investigator concludes, based on th workplace harassment under Georgia Code Ann. § 16-11-90 did occur, the harasser will be issued a warning that any further misconduct would be grounds for a charge of a misdemeanor offense resulting in jail time and fine for each offense. Also, to the fullest extent possible the harassed and the harasser will be separated. > If the investigation proves to be inconclusive, the City of Port Wentworth will take all reasonable measures to prevent any future incidents of workplace harassment. Once the neutral investigator has been hired, you will be notified of the date, time and location of the investigative meeting. In the meantime, you are advised to discontinue any and all unwelcomed behavior toward the compliant. You are further asked not to contact the filer of the complaint (by phone, email or otherwise) nor or you to visit the Port Wentworth Police Department located at 323 Cantyre Street, Port Wentworth, Georgia 31407. Itis my goal to resolve this matter fully and as quickly as possible so that all of our focus may return to the affairs of the City. Should you have any questions or concerns, please correspond by emall so | that a record of our conversation may be on file.aL Cole T Sano Sears WET oii Lynwood Griner, District 3 CIs | PAINT Naas Cee Sincerely, Edwin L. Booth City Manger City of Port Wentworth 7224 GA Highway 21 Port Wentworth, Georgia 31407 Officgs Celt Fax: 912-968-7429 ce: Gary Norton, Mayor James L. Coursey, Jr., City Atttorney Yolanda Irizarry, Director of Human ResoucesNeutral Investigator: J. Keith Berry, Jr., Attorney at Law 300 Drayton Street - Third Floor Savannah, GA 31412 Fax: 912-650-3987