Monday, February 20, 2012

Settlement: Former councilman Turner wins big


Former Charlotte City Council member Warren Turner at first was fired in July 2010 from his job as a state probation officer. The following year he lost his bid for reelection.

But Turner, 47, appealed his firing. This month, a year and a half after the firing, he got his job back. He’s no longer a probation officer. But he’s working for the same salary only now as an judicial services coordinator for the probation office in Gaston County. Judicial services coordinators are responsible for the intake of new probation cases, preparing pre-sentencing reports and conducting initial risk-needs assessments.

Turner was fired for missing meetings or drug screenings with at least 14 probationers, according to the termination letter released in 2010 by the DOC. The DOC also said Turner falsified at least one record of a home visit with a probationer and reported visiting with probationers on days that he was on leave or wasn’t scheduled to work.

N.C. Department of Correction officials aren’t saying much about Turner’s firing and reinstatement. The settlement agreement says the DOC and Turner have agreed that the only statement they’ll make about the firing, reinstatement and reassignment is:

“The DOC has reviewed the formal appeal of Mr. Warren Turner. After careful consideration of the issues raised by both  Mr. Turner and DOC, the parties have reached a mutual settlement agreement. The Department reviewed Mr. Turner’s level of career experience and agrees to his reinstatement.”

But it’s clear from the settlement agreement that Turner won big. He’ll get back pay from the date of his firing to the date of his reinstatement. The state also has agreed to pay $10,000 to Turner’s legal counsel for the cost of his appeal.

To see the  settlement agreement, click here.

Gary L. Wright

58 comments:

  1. Umm, someone got scared of a prolonged lawsuit and just gave this loser his job back. Affirmative action.

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    1. You are lying. There is no evidence that he was reinstated due to affirmative action. Affirmative action is related to hiring quotas. This clearly is not related to a quota and is related exclusively to a case where someone was already employed and filed a wrongful termination suit.

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  2. I think that last paragraph should more appropriately read, "The taxpayers (the source of all State monies) will be forced to pay $10,000 to Turner's legal counsel even though the public is being kept in the dark as to the real reasons behind his firing and reinstatement."

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    1. Who cares as long as he didn't sue for damages beyond his anticipated salary its really no big deal. He obviously shouldn't have been terminated.

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    2. You say obviously as if you have access to evidence the rest of us don't. Like I said above, the public still does not have information regarding the reasons behind the firing and reinstatement so it's not obvious at all that he shouldn't have bene terminated.

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    3. The public has access to the accusations made against Mr. Turner they are in the article. It is abundantly clear that he would be willing to publicize his vindication and that the DOC has a vested interest in CYA. He doesn't. They have obviously made their accusations public. His concession to them is to not publicize the facts he has presented in his defense.

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  3. Where there is smoke there is fire. This guy's a chimney. There's a fire down there and someone in the corrections department didn't want to get burned.

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    1. Yes where there is smoke there is fire and obviously the smoke we see is this man getting his job back and full restitution. The smoke is full restitution. The fire is this man was wrongfully terminated.

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  4. I think it is FOIA time.

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  5. Obama "poodle" Mayor Foxx went after Mr. Turner. The question is why?

    Good news for Mr. Turner.

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  6. Warren Turner is a active church member of mine and he has always went above and beyond for members in need. He has always worked very hard for our church whenever needed......the saying goes


    "What God has for you it is for you!


    Congratulation Warren Turner.

    God had already worked it out for you when all this got started.

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    1. Then why didn't your church hire him when he was without a job for a year and a half? I guess it's ok to lie and keep your job.

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    2. Mr. Turner's job most likely did not hire him because he most likely didn't apply for a job there. They also probably weren't hiring. Particularly, not people without seminary degrees.
      My guess is Mr Turner was confident the charges against him were being misrepresented and was confident that he would regain his position. Obviously his confidence paid off.

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  7. Wow! Lie, falsify records, don’t even show up, get fired, and get re-hired at the same pay with back benefits. Yep, all you’ve got to be is black in this Country and you’ve got it made.

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    1. Apparently he made a pretty good case that his firing was politically motivated and unfounded. Most likely he was able to illustrate that he was held to a different standard than his peers. Black people have a higher incarceration rate, lower high school and college graduation rate than, and lower median income than white people so it is fair to say that black people don't have it made in this country.
      I don't see where the evidence or proof is that he was given preferential treatment because he was black. Quite the contrary. If he was being given special treatment for being black or any other reason, he wouldn't have been fired in the first place

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    2. Except for when you have to look in the mirror!!!

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    3. That random statement makes no sense in relation to the statement it is responding to

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  8. The Observer reported this last week. Why write about it again? Except today, there's no mention of the claims of sexual harassment against Turner. Why is that?

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    1. The observer had not previously reported the details of the settlement. There is no mention of claims of sexual harassment because his firing and reinstatement were not related to any such allegations

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  9. It is absolutely amazing to me that this moron was rehired and his legal fees paid...someone did him a HUGE favor somewhere. A 'regular' person that did as a poor of a job as this piece of garbage would never wind up getting reinstated. But then again, this is a state employee we are talking about. Come to think of it, state employees have zero accountability; after all ,look at what you can do as a State Trooper and not get fired.

    Now that I think about it, I'm going to quit my private-sector job and go to work for the state...I can not do my my job and even commit fraud and not worry about losing my job.

    Thanks for the idea Warren!

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    1. I don't know where you obtained the facts that prove he committed fraud. Please provide conclusive evidence that can be independently verified. He is not a moron or a piece of trash. He is a man who has served the community as a city council member for several years. He makes policy for our community. Additionally he helps the wayward youth and serves in law enforcement. I'd say he has done some great selfless work for this community. He did get fired. However he obviously had a good case for wrongful termination and the timing of the internal investigation was very suspicous considering it coincided with the city council investigation.

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    2. Read the article, genius. It states in black and white that he falsified 'at least' one report; that implies that there were probably more = FRAUD! In addition, he wasn't doing his job! He missed a bunch of meetings and drug tests with convicted criminals that are out on probation - he is supposed to be protecting the public. As far as him 'serving' in law enforcement, he did a half-a**ed job of it by all accounts.

      The fact that he was active in his church or helped wayward youth does not make up for the fact that was not doing his job, let alone committing acts of sexual harrassment.

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    3. I read the article it does not say that it was proven he falsified a report. it says the DOC said he did. The details have not been and can't be independently verified. Falsifying a report could be an extremely minor mistake.
      None of the accusations have been independently verified to be true or worthy of termination.
      Apparently he had a good enough case against his employer's case for termination that his employer hired him back with back pay and suddenly does not want his side of the story to be public. That is funny because a year and a half ago they opened an open ended investigation that mysteriously coincided with a city council investigation and made the determinations public.
      Interestingly in this investigation there were all reports of wrong doing were not organic and were solicited by the investigation.

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  10. This should be under crime and reward.

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    1. Where is the independently verifiable proof he commuted a crime? Even if he had commuted a crime the only reward he is receiving is the pay he would have received had he not been fired. Considering the timing of his firing and the investigation that coincided with the city council investigation, one has to wonder what triggered the investegation and if it was ranomly opened without just cause or was politically motivated. He opviously had a stony case that he was being maliciously scrutinized

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  11. @ Anon. 11:45. Are you kidding me. Another blind sheep. Just because someone goes to church, it does not make them an innocent person. Look at all the church scandals in this country. Leaders and followers. Funny to call you all followers but usually followers are blind and go along with the heard and leaders, no matter what. Another entitled got his job back even if he didn't deserve it.

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    1. Speaking of blind followers since when did you have an open ended simultaneous witch hunt on boards you were elected to serve on and at your employer? The fact that his employer opened up an investigation without any real internal job related behavior to trigger it speaks volumes about the motivation and inequitable application of such investigations and disciplinary measures. I'm sure you don't experience random investigations looking for misconduct at your job and either do this man's peers.

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  12. Must be nice to be part of the protected class of employees. Every women in the workforce should be afraid to work with such a predator. So much for equal protection for all.

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    1. First of all where has he been found guilty of being a sexual predator. Even if he was a "womanizer" that would not make him a "predator" however he was NEVER accused of any such behavior in his duties as a probation officer, nor was it part of the reasons for his termination. He obviously isn't the member of a protected class because he wouldn't have had an open ended investigation opened or been fired in the first place. I don't know anyone who is part of a protected class or otherwise who has random investigations looking for any misconduct at their job, esp not simultaneously with investigations at their publically elected position

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  13. I say congratulations to Mr. Turner...he persevered and held his ground...happy for him!!!

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  14. Thanks Mr. Turner. You do so much for your black brothers who try their very best to reverse the perception that if you're black, you can pretty much get away with anything except murder.

    And even then, we've got the NC Racial Justice Act to help us out with that!

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    1. Mr. Turner does a lot for everyone in our community and has served on city council and the public safety committee which helps us all and helps keep us safe regardless of race.
      Mr. Turner has served as a police officer and probation officer for juveniles keeping us all safe and helping young people regardless of their race.

      I thank him for his continued service and dedication to our community, to keeping it safe, and keeping kids out of trouble and having a chance to succeed.

      You can play the race card all you want. Mr Turner does not and it is apparent by his willingness to help anyone regardless of race. I know this from personally meeting with him and creating policies that benefitted people from all walks of life. Mr Turner cannot control the fact that there is a racial justice act. But rest assure there will be one as long as people like you hold him to a different standard than the general population.

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  15. What I've heard is that he used the "Everybody else was also doing it and you didn't fire them" defense.

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    1. The only place you heard that is in your own head and your momma's backside. You need to cut out the crap and grow up!

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    2. Can you prove that what you heard is true? Please provide independently verifiable evidence. It is important to ensure that all employees of any employer are held to the same standards and aren't railroaded based on political witch hunts. It is rare that an employer actively investigates misconduct of an employee. It is particularly concerning when they do not do this to all of their employees. It makes one question the motivation of the investigation and the validity of any violations discovered or possible exaggeration. Mr Turner should not be subjected to unique standards or be forced to work in a hostile environment where management is actively preventing him from doing his work in a pleasant supportive manner.

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  16. It's amazing how the rabid racists never miss an opportunity to come out and howl at the moon.

    Do you seriously think the DOC would not have stood it's ground had there really been grounds for his dismissal? It sounds to me like the key word missing is "alledged" before all of the things he was accused of doing. Also missing is the concept of innocent until proven guilty, and apparently the people who fired him without cause missed that. They are the ones who you should be mad at for costing the state money, not Mr. Turner.

    The real losers are you all and the Gaston County officials who apparently fired him without good cause in the first place.

    IF you want to talk about injustice, how about the guy who caused the Lehman Brothers bankruptcy, which started the

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  17. financial crisis of 2008, and has now been hired in the same capacity at Bank of America so he can loot more of our money.

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    1. This has nothing to do with the financial crisis of 2008. He did not and does not work for BofA. He was a probation officer for the dept of corrections.

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  18. It would be nice to know, did he do as they said when he was fired or not? If not, then why was he charged with the offenses? If he was guilty of the offenses, what justification was used to reinstate him?

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    1. He was never charged with any offenses at all. He's never even had a civil lawsuit filed against him. He was reinstated most likely due to the lack of facts proving he did anything wrong and the likelihood that he was singled out for an active investigation while his colleagues are not.

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  19. This guy sounds like bad news to me. Just too many accusations for him to be innocent in my book...

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    1. Clearly your "book" is not very substantive or fair-minded. Clown!

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    2. The obvious evidence he is innocent is that his job is being reinstated with back pay. If he was fired for just cause he would have been permanently gone. Accuations can pile on like a stack of flap jacks when you are a politician. It doesn't mean any are true. People have motivation to lie. What matters in proof and I've never seen a charge yet come close to being proven. All the accusations are conducted by investigations and not active complaints or criminal or civil cases brought by actual complaintants. None of the accusations have ever landed in criminal or civil court or resulted in a settlement to a victimized party.
      I.e the city employees who are annonymous didn't want to file complaints against him or make trouble for him. They never filed any cases or made official complaints. Then there was an annonymous person who claimed he "showed her a gun" and called 311 to complain. Um so he wore a gun for his job. If someone "showed" you a gun that is not pointing it a gun. If someone points a gun you don't call 311 trying to complain to their manager, you call 911 and have them arrested for assault with a deadly weapon, trespassing, going armed to the terror of the public and insist they immediately be fired. Just some examples of how accusations can be twisted and brought up years after the fact and misrepresnted for political purposes. An accusation is only as good as the facts that prove the accusations are true.

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  20. Word to your Mother, Warren. I know, right.

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  21. How about taking this logically and one step at a time:

    "Turner was fired for missing meetings or drug screenings with at least 14 probationers."

    Fact? A fireable offense per the terms of the employment agreement?

    He was fired for having "falsified at least one record of a home visit with a probationer."

    Fact? A fireable offense?

    Turner "reported visiting with probationers on days that he was on leave or wasn’t scheduled to work."

    That's ambiguous. Did Turner put in extra work without compensation on his days off or did he falsify those reports by saying he worked when he did not?

    Which was it and would either action be a fireable offense?

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    1. Those are good questions. Some of the potential facts may have been discovered in an active investigation. Were they true! We don't know. However many or all of his colleagues may have engaged in similar behavior while he was selectively disciplied. And he may have provided evidence proving he didn't commit these fireable offenses, they were exaggerated or evidence others were not disciplined for similar behavior.
      Active investigations are dangerous territory for employers. It is hard for an employer to justify actively digging up evidence of wrong doing on one employee, particularly when they are not doing it to other employees.
      Also important to consider is that just like a search warrant there must be just cause and reasonable suspicion to perform a search or in this case an active investigation. It's not like management is passively waiting for his manager to file a complaint with UR or cite him with insubordination or failure to perform his duties. They are looking for evidence. The evidence they are looking for (just like a warrant) should be reasonable search, for specific evidence like a warrant. It shouldn't be a tool to find anything and everything they can related to any random misbehavior or accusation. My guess is this case went wrong when it coincided with another politically motivated investigation and Di not find any related evidence tied to previous accusations that prompted the search. The so called evidence was random violations that were not prefaced at the beginning of the search. Basically he was the victim of a witch hunt and the evidence scrounged up is essentially not going to hold up to the standards an independent review of the case will impose on his employers rights to search

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  22. What's Funny about all of these comments about this whole story is that had this been a private sector job here in Charlotte at BOA or WF no reinstatement no nothing and the main thing that would have been stressed is that this is a right to work state and you can be terminated at anytime based upon the employers discretion!!! So this guy was able to get his job back....wow. Only a State job...2 hour lunches, not showing up, free hotel stays, and a free car to boot.....I need to get me a state job...quick.

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    1. If it was a private sector job he would have been eligible to get his job back. \However he probably wouldn't have gotten his job back but his employer would have settled for a very large sum of money.
      NC is a right to work state. An employer cannot terminate you for any reason without merit and there literally thousands of cases of wrongful termination that are settled or litigated every year in NC

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    2. Incorrect: In a right to work state (at-will employment), an employer is only liable for wrongful termination if they violate state or federal statute. Employment may be severed by either party, for any reason, unless there is a written contract or an "implied contract" exception.

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    3. In a right to work state (at-will employment), an employer is only liable for wrongful termination if they violate state or federal statute... Then I am correct.

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  23. There's a reason why he won re-instatement and legal fees. There is no way they re-hire him if they had a strong case. You better believe more law suits are coming as a result. No matter the amount, he has lost plenty over the last year and a half. I wish he takes them all down in the end....Stay tuned:)

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  24. There are so many issues with law enforcement. I hate to see people abuse the power they have no matter the circumstances. My brother and I have created a website www.probationofficerinfo.com for those interested in learning about probation officers or becoming one.

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  27. He showed up at a job site with a state issued gun and waved it around demanding work to cease. I mean how much more do you have to do to be counted as wrong? He is a state employee for goodness sake! He should be setting an example not abusing his so-called power! Anyone who is defending this sad individual is simply biased on the subject at hand. And don't hand me some black/white issue. That is not the case. He is a well spoken man. I have seen him in action. However, he messed up, plain and simple and he should have to live with those convictions. It is just sad somehow he has slimed his way back into the system and now is going to continue to abuse his power and use his prejudice against people that have to serve the community or will fall victim to his inaccuracies. Just plain sad. Shame on the state department for taking back someone who is so inadequate when there are so many others out there that are qualified and fair. Nevertheless, who do not use their position as a pride piece.

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  28. Other probation officers think Warren Turner is an A$$ H@le. Verbatim.

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  29. I believe the "anonymous person" who speaks so defensively about Mr Turner "IS" Mr Turner. I happen to know Mr Turmer professionalkly and he was a slacker as a P.O. He would arrange for probationee's to show up at 1:00 pm and make them wait till 6:00 pm when he should up. Real piece of work he was.

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