news-record.com

GREENSBORO — City officials are saying nothing more about three police officers suspended with pay after being accused of assault.

Should the city reveal more information about the assault allegations? Join the discussion at the Debatables blog.

The alleged incident is part of a criminal and administrative investigation, according to the police department. The officers are: Sgt. A.S. Wallace, 43 ; Officer J.O. LeGrand, 37 ; and Officer C.S. Stevens, 42 .

Among the questions people at City Hall refuse to answer: When and where did the alleged incident take place? Did it involve aggravated assault or sexual assault? Who made the allegation? Were the officers on duty or off duty?

At least two City Council members said Wednesday leaders should address the incident publicly — even if they have to say they can't release further information.

"I'm trying to give the benefit of the doubt to the police department and city staff, but I think we have to come out and answer some questions publicly," Councilwoman Mary Rakestraw said.

Neither City Manager Mitchell Johnson nor Police Chief Tim Bellamy returned telephone calls Wednesday requesting comment about the incident.

Assistant Chief Dwight Crotts , who heads the police department's investigative bureau, said the assault investigation began as an internal complaint. "The department must finish a criminal investigation before starting an administrative one," he said.

"An internal complaint was filed from internal affairs," Crotts said Wednesday. "We believe the allegations could be criminal in nature."

Crotts referred questions about the date, time, location and violation or apparent violation of a law — the elements of a criminal investigation that are subject to North Carolina's public records law — to the city's legal staff.

Becky Jo Peterson-Buie , a deputy city attorney, said Wednesday those details about the alleged incident are protected under personnel laws. The alleged incident is part of an internal investigation, she said, and releasing information would jeopardize the officers' right of due process.

Peterson-Buie has said everyone involved in the incident, including the alleged victim, is a city employee.

The News & Record's position is that by the city's own written statement, the police department is conducting a criminal investigation. As such, the law is clear that more information about the alleged assault can and should be released.

According to N.C. General Statutes 132-1.4 (c)(1) , the time, date, location and nature of a violation are public record and should be available to citizens and the media.

Peterson-Buie said state personnel law overrides that statute.

City Council members learned about the incident Tuesday night about the same time as the media — during a break in the council meeting.

Councilman Mike Barber said he believes City Hall should routinely release as much information to the public as swiftly as possible.

Barber said the new City Council is committed to "getting information to the media so they can inform the public."

According to Barber, City Manager Johnson said Wednesday he's planning renewed emphasis on transparency and hopes to improve communication with the public.

"We only hurt ourselves by not being forthcoming with the people's government," Barber said.

Mayor Yvonne Johnson could not be reached for comment Wednesday.

Rakestraw said many new council members — herself included — campaigned on instilling more confidence among the public in the police department.

The public deserves to know as much about the alleged incident as the law allows, she said.

Rakestraw asked: "If we don't respond to the public and their concerns, then how will they ever trust us as elected officials?"

Contact Margaret Moffett Banks at 373-7031 or margaret.banks@news-record.com

Contact Sonja Elmquist at 373-7090 or sonja.elmquist@news-record.com