Commander who OK'd overtime to retire
10 months ago | 2856 views | 13 13 comments | 18 18 recommendations | email to a friend | print
By Ray Gronberg

gronberg@heraldsun.com; 419-6648

DURHAM — The commander of the Durham Police Department’s patrol officers and detectives has put in her retirement papers, after auditors determined that she personally approved a subordinate’s hefty overtime claims.

Deputy Police Chief Beverly “B.J.” Council will depart the payroll Dec. 31.

She will go on leave early next week and spend the next few days working with Police Chief Jose Lopez and other senior officials in the department “to ensure an orderly transition,” City Manager Tom Bonfield said.

Council as of Wednesday remained in charge of the department’s Operations Bureau, Lopez said, contradicting other sources who’d said she’d been relieved on Tuesday.

The announcement came a couple of hours after officials released a report saying that top-level commanders in the department, from Lopez on down, had been aware of and “enabled” an officer’s abuse of the city’s payroll system. Click here to see the report.

Council personally signed off on 10 of 12 overtime claims from Officer Alesha Robinson-Taylor, who was overseeing towing and the moonlighting of her fellow officers.

Robinson-Taylor received $62,583 in overtime, and was allowed to record 904 hours of compensatory time.

Council signed off on the claims without insisting on any “detailed documentation” of the officer’s work, investigators from the city’s Audit Services Department said in their report.

Bonfield said during a Wednesday news conference that he was “personally embarrassed” by the incident, given the possibility of its reflecting on police and other city employees.

He also acknowledged that the payments came while administrations and the City Council were preparing to eliminate positions and lay off employees to deal with a budget crunch.

He declined to discuss Robinson-Taylor’s fate, saying that for now state privacy rules prevent that. He said actions there “will be disclosed in the future as the law allows.”

Officials do intend to relay the audit’s findings to District Attorney Tracey Cline, and to pursue restitution, Bonfield said, adding that they’ll be seeking recovery of a figure “probably in the $40,000 range, maybe $45,000.”

Lopez said his department is addressing the situation by putting “a lot of alarms” in place to flag potential abuses. It’s also reorganizing “secondary employment” oversight, with officials among other things pondering whether it’s necessary that a sworn police office handle the job.

But according to the audit, Robinson-Taylor’s bosses knew quite a bit about her overtime claims.

The report said Robinson-Taylor’s immediate supervisor, Capt. Charlene Balch, executive officer of the Operations Bureau, questioned the officer’s claims last fall and took the matter to Council.

Council “acknowledged she was aware” of them but said because the department wasn’t allowing Robinson-Taylor to moonlight, “she was allowing her to earn extra time,” auditors said.

From that point, Council took responsibility for approving the officer’s claims.

The department’s top-ranking civilian employee, Administrative Services Bureau Chief Jesse Burwell, also monitored overtime and in April noticed “excessive” payments to Robinson-Taylor.

Burwell notified Lopez and the sworn head of the Administrative Services Bureau, Deputy Police Chief Ron Hodge, and told them “it was not reasonable” for Robinson-Taylor to be earning so much overtime.

Senior officials in the department discussed the matter in an executive team meeting in June.

According to the audit, both Lopez and Council at that time “defended the overtime expenditures in the absence of supporting documentation,” with Council again saying that because Robinson-Taylor wasn’t allowed to take outside employment, she was “allowing [her] to make the overtime.”

Lopez told the auditors — who investigated the matter at Bonfield’s request, after the manager received an e-mailed tip — that the overtime “did not seem out of line based on his previous assignment,” presumably meaning his former job as assistant chief of the police department in Hartford, Conn.

In his formal response to the audit, Lopez told Audit Services Director Germaine Brewington that he and the Police Department now agree Robinson-Taylor’s overtime and comp-time claims “were not justifiable or reasonable.” He promised corrective action.

“I acknowledge the seriousness of this event and the blemish it has had on the city and this Police Department,” Lopez said in his letter.

During and after Wednesday’s new conference, Lopez said Robinson-Taylor did work after hours in connection with her job.

The chief added that she’d been given extra duties to offset the potential loss of income because people in her position are barred from moonlighting, to prevent them from cherry-picking the best second-job offers.

The problem, Lopez and auditors said, was that Robinson-Taylor claimed more overtime hours than she actually worked or at the very least can document.

For example, auditors checked her November claims and could see from phone and computer records that she was answering e-mails and entering information into the “Cover Your Assets” system the department uses to track officers’ moonlighting.

But for November the auditors could only document 16 hours’ worth of extra work. Robinson-Taylor claimed 285.

The auditors said that while it was “evident that [Robinson-Taylor] received e-mails from individuals during all hours,” and had posted jobs during all hours, it was not clear she needed to work outside normal business hours.

The audit also found that clerks in the Finance Department’s payroll operation had noticed and questioned the overtime claims. But while they told their boss, further inquiry from that quarter stopped after officials in the Police Department told them Council had approved it.

Finance officials now agree they should report such problems to police commanders, and, if they don’t see any follow-up, relay their worries to the city manager.

Bonfield said he’s concerned that in city government generally, “there is some culture” for employees to let things go if they perceive someone’s signed off on them.

But “just because somebody says it’s OK doesn’t necessarily make it right,” Bonfield said. “I would have hoped we’d have had a situation or culture in this organization where nobody was afraid — well, not necessarily afraid — but nobody would just let it go at that, that it would have been raised to the city manager’s office or to a higher level and say, ‘This was approved but something about it just isn’t right.’”
comments (13)
« Whoknew wrote on Wednesday, Sep 30 at 10:00 PM »
Woodstock fans are grieving.

Snoopy has left the building.

The curtain falls. The lights dim.

Do you mind turning off the lights on the way out?
report abuse
« flaptop wrote on Wednesday, Sep 30 at 08:25 PM »
I don't understand...An officer can steal $45,000.00 dollars of taxpayers monies with the blessings of supervsiors (Council and Lopez)without facing serious charges or dismissal. Lopez and Council were notified by two diligent administrators on two occasion outlining the excessive overtime and nothing was done. In fact the investigation revealed Council gave her personal blessings in giving this officer extra overtime for not being able to moonlight...My God in my opinion she implicated herself in criminal activity by knownly allowing this officer to pad the books. Lopez was implicated by stating on what occurred in another location, he saw no problem in the overtime. Bear in mind two administrators brought to his attention the overtime was excessive...He had an obligation to investigate and followup on the findings. He failed to do so costing the City of Durham $45,000. He failed the police officers of the Durham Police Dept. After the City auditors conducted their investigation, suddenly Lopez found religion and found the overtime to be excessive. Council allowed to stay on the City payroll until she retires in Dec 2009. Lopez is in good standing occording to City Manager. Ladies and Gentelmen...at one point I thought Rachel3030 need mental help, however, I now praise her in the sense the actions of Council and Lopez have failed all good sworn police officer in the Durham Police Department. Her cry of police misconduct was justified. I was about to write and praise the City Manager on his actions in quickly investigating these matters....However, allowing Council to remain on the taxpayers dime until December and Lopez in good standing is a miscarriage of justice...The SBI should be called in immediately.
report abuse
« haze wrote on Wednesday, Sep 30 at 06:45 PM »
"But for November the auditors could only document 16 hours’ worth of extra work. Robinson-Taylor claimed 285."

So the Chief and the Deputy Thief (Council) believed this person worked over 70 extra hours a week...or in a seven day week..over 10 hours of overtime A DAY! In addition to her regular job!

No one is this dumb. If they are..they should not be WORKING,much less managing! This is your tax dollars, Durham.

Hel-l-o-o Duke Lacrosse players. We need your civil suits to clean out this criminal cesspool that is the Durham PD.

Put these thieves on trial!

report abuse
« R M wrote on Wednesday, Sep 30 at 06:21 PM »
I'm totally confused and as a taxpayer, I'm furious. I sense so much backpedaling, spinning, and finger pointing that my head aches. If there was criminal conduct how can retirement be permitted? How can the chief see nothing wrong with the overtime in April, but now say it wasn't justifiable or reasonable? I don't know whether to question his judgment or his honesty. This situation stinks. One must wonder how much of this is going on throughout city government. And where do the mayor and city council stand on this. Their silence is deafening.
report abuse
« Just Courious wrote on Wednesday, Sep 30 at 06:20 PM »
I wonder if anyone sees police in this area are holding communities hostage. IF we don't get what we want we will jump ship and so on. About time someone sank their ship. A lot of New York cops want jobs here in NC. So shed some fat and get some fresh air in here
report abuse
« rachel3030 wrote on Wednesday, Sep 30 at 06:14 PM »
You know I'm glad you're our City Manager, but living in Durham is like living in an occupied territory. Everybody's afraid of everybody but you. Please don't be naive about what it is. You may get tired of hearing me blather on, but did I not suggest to you 2 years ago that you needed to call in the FBI? The reason that this keeps happening is because you've been played and nothing has been solved. You're getting caught up in something you don't want to get caught up in. Lopez and Hodge have got to go. Rachel Kindred
report abuse
« la_ma_ wrote on Wednesday, Sep 30 at 04:42 PM »
Huh? How does the employer owe an employee thousands of dollars because the employee can't work a second job. Are there not people out there working just one job and making about $50,000 or less? Are they owed additional monies by their employer because co-workers make more, or work other places? Really? That makes sense to someone--to an entire group of high-ranking officials? And cops are always complaining about how citizens think they are so entitled.
report abuse
« rachel3030 wrote on Wednesday, Sep 30 at 03:28 PM »
That's me! Crazy as a bedbug without her Prozac! I am not communicating secret messages to the Durham public at all! No hints here! Just another crazy broad who should be locked up. Really, the FBI already knows who you are. Maybe I'm an FBI agent myself sent under cover to do a sting on Durham--ever consider the possibility? Sent here to tweet y'all to death? Ever consider that the Feds are about tired of this mess called Durham? Foods for thought or nonthought as you desire.
report abuse
« rachel3030 wrote on Wednesday, Sep 30 at 03:23 PM »
That's me! Just one gigantic useless windbag of nothingness with no information sharing going on at all! I must be committed to an insane asylum! Don't worry, the FBI already knows who you are, so ha ha ha.
report abuse
« ForensicsA1A wrote on Wednesday, Sep 30 at 02:32 PM »
Out of curiosity does BJC get to retire at Command Pay? What are the requirements for being a Deputy Chief? Don't you need some type of degree? How did she get so high up on so little education?

She should be demoted in rank and given a patrol retirement. Why is it that when Police break the law they get to retire early or resign with all their bennies, and the rest of the department gets ZILCH!! Not a bad deal, retirement within that higher pay-band…
report abuse
« BeachTime wrote on Wednesday, Sep 30 at 02:20 PM »
OMG...Rachel go get a life and stop using this OT issue as your personal assault on Lopez and Hodge. We don't care what you think, you are an obvious nut bag...yeah yeah I know your going to call the F.B.I. on me.

As for the real story here, the City needs to take criminal action against B.J. Council and her mishandling of this situation, as well as Taylor. I am sure if they really look into to the entire thing it will be found that Taylor has worked off-duty jobs as well as getting paid OT.

report abuse
« KJinRTP wrote on Wednesday, Sep 30 at 02:15 PM »
Rachel, you're nuts. You have just ridiculous rants about stuff no one cares about. The issue is that an officer committed fraud and her supervisor signed off on it. End of story. Both should be fired and prevented from retiring. Take your meds.
report abuse
« rachel3030 wrote on Wednesday, Sep 30 at 12:16 PM »
I demand the termination of Hodge and Lopez by the end of the week. Two weeks ago, I filed a request for decertification for Hodge for commiting civil rights violations against me and for Lopez covering it up even before he got to Durham. No corrective action is possible other than immediate termination.
report abuse