news-record.com

GREENSBORO - The City Council's quest to find out who leaked a document doesn't end with polygraph tests.

Eight council members have signed notarized affidavits stating they had not shared or provided to anyone copies of an investigative report regarding former police Chief David Wray that was leaked to the News & Record.

As with the lone vote against lie-detector tests Tuesday night, one council member has not signed an affidavit. Dianne Bellamy-Small voted against the tests and had not volunteered to sign as of Wednesday afternoon.

Although council members are intent on proclaiming they weren't involved in the leak and on releasing polygraph results publicly, they aren't the only ones who had access to the report. About 30 city employees who helped develop the report or who had contact with it were interviewed by Risk Management Associates, the firm that prepared the report, at the request of City Manager Mitchell Johnson.

"I have a high degree of confidence, based on the interviews, that no one (RMA) spoke to knowingly released the report," Johnson said.

The city's legal department provided copies Wednesday of affidavits from eight council members.

The affidavits grew out of an idea from Councilman Mike Barber, who wrote and submitted an affidavit when he returned his copy of the report to the Melvin Building last month.

Bellamy-Small on Tuesday night called the lie-detector tests divisive and a distraction from what she believes should be the focus on cleaning up the police department.

She also said Tuesday night that she's offended that people may think she was involved in leaking the report.

Attempts to reach Bellamy-Small for comment Wednesday, including a visit to her home, were unsuccessful.

Johnson said RMA would probably administer the tests because it's familiar with Greensboro and the issues surrounding the police department. Johnson expected to receive a cost estimate from RMA late Wednesday or today. Another firm could be used if RMA's cost estimate isn't reasonable, Johnson said.

Johnson was unsure when the polygraph tests would be administered.

Council members reached Wednesday said they would make public their test findings.

Mayor Keith Holliday said he didn't think the council's decision to ask for the tests would harm the council's or the city's image. Instead, he said, it would show people that the council is actively seeking to solve a problem.

"I hope that people recognize we're not putting our heads in the sand," he said.

Councilwoman Sandy Carmany said taking the polygraph tests would demonstrate publicly that "I'm not above the law, or this council is not above the law."

Several council members have said they believe the leak violated state law because the report contained personnel information.

Bob Joyce, a professor of public law and government at UNC-Chapel Hill, said he couldn't definitively state whether the leak violated state law.

State law says that most information in an employees' "personnel file" is generally confidential and prohibited from disclosure.

The law defines personnel file as any information in any form gathered by the city related to a current or former employee's job performance.

Barber said Wednesday that the question of who leaked the report is a distraction from other issues facing the city, including ongoing investigations into the police department.

"We can't deal with the issue without someone acknowledging what happened," he said. "This is the most expeditious way to get closure on the integrity of City Council and its members."

How much closure the polygraph tests will provide is unclear, as some council members acknowledged the exams aren't foolproof. Another issue: Only eight of the nine council members - everyone except Bellamy-Small - are expected to take the test.

If Bellamy-Small doesn't change her mind, Carmany said, the tests may not provide all the closure hoped for.

"I certainly wish all nine of us would take it," she said. "Even if eight (council members) pass it with flying colors, there will always be that question hanging out there."

Once the polygraph results are compiled, Councilman Tom Phillips said his intent would be to let city leaders and residents know he and other council members weren't involved.

"We want to let the manager know that we didn't (leak the report) and let the public know we didn't do that," he said.

Spurred by the leak, Johnson said the city has made changes to help improve the security of confidential documents. The council will be able to review confidential documents in its offices at the Melvin Municipal Office Building but won't be able to remove them. After regular business hours, a key card will be required to access the suite of executive and council offices at the Melvin Building.

Contact Eric Swensen at 373-7351 or eswensen@news-record.com