City Council - Regular Meeting

findings and I think that'll be great to move into the new year so everything could be brand new and we could move forward and everybody can be on the same page. Um, so I'm asking for that. If you guys don't want to do it, that's fine. Uh, but I think that we should acknowledge when we're wrong. That's what professional grown-up adults do. And because the community is looking at me a certain type of way because of the the investigation that was launched out under your recommendation, Mr. Noel, I really think that the the public should know that the investigation number one didn't find anything, but number two was also given out from a council member.

Someone gave out an attorney client privilege document to the daily dispatch and I think Dan that that should be investigated because that is a misdemeanor level three. M so the people that are breaking the laws I think should be dealt with instead of accusing people of breaking laws. And so I want to go into the new year with a clean slate and move forward. But I feel like it's only right um that the council would think about all of the hell that they put my life through for those investigations with no findings at all. Mayor,

may I add to that? Now I read the report. It had no, as you said when you read your letter that you brought forward one of the meeting, it had no criminal findings, no credible findings is what I said. It had full of things that I would call procedural issues and ethical issues. Well, apparently not. Apparently Al didn't feel that way. Apologize for I mean the report was what the report was and you said in your letter no criminal if there if there are no credible there were no credible. I was saying I don't No, no, no. I'm telling you what was told to me. Credible. If there was no credible, that means that there was not a truth somewhere. Credibility is not criminal. Credibility.

Okay. So, it was credibility. It was credibility. There was no credibility. And so, I think that, you know, if I was to do something wrong to you, Mr. Diy, I'm going to apologize. Okay? If I do something wrong to anybody on this council, I'm going to apologize. I think that's a higher road to take. Great. And all I'm saying is that because you all drugged me through the mud publicly that I should get a public apology. I think we had a report that looked with the surveys from the employ issues with m but Mr. Dy let's talk about it issues. Well, let's talk about it. You all Mr. Noel recommended that my keys be taken before any survey ever hit this council 21 days prior. Why?

Many surveys hit what now? I mean, we're giving out and done. We're done at all. I don't remember the dates and time. I remember the dates and time. I got them all written down. I'm not even talking about that. I'm talking about the report we got. Just they had no credible findings. I saw a lot of things today that bothered me. Now, whether you call them I saw a lot of things in there that bothered me. Okay. Especially when you got judges. You have Hold on. You have judges. Judges involved. Judges involved in a investigation of of of the mayor. Judges that don't work for the city. There were 16 23 people in that report and they were not all employees. Right. So I have a problem with that Gary and I'm sure you would too if this was your life. Okay. So again, no worries. Do we have a motion to adjourn? I just want to publicly say that.

Ma'am, I got some I want to read before I go. I've been waiting all night.

Okay. So there have been several issues I watched and the mayor's exactly right. There's been several issues I watched transpire that I want to address tonight. Between May and November, some members of this council allowed one council member to come to the table and present one Google generated search for a law firm to do an investigation of the mayor behind a Google generated survey that was given to 23 people, one of which was a judge. I wonder who gave the narrative for that. The survey was to be given to the city employees. However, it was given to one judge that is not only not a city employee, nor is she an appointed or elected or elected to the council. After interviewing these 23 people, the results still came back unfounded. council member I there are some council members here that initiated this. Then during September, some of the same members of this council between the city manager and the former excuse me, the former city manager and attorney led a course of censoring me while attempting to violate my constitutional rights to freedom of speech. I'm interested in knowing how this council is going to handle the matter of disclosure to the newspaper because on November 6th, the council received an email marked confidential and private. On November 10th, the mayor received a text from Tyler Davis of the dispatch

email. I mean a email talking about that same that very same the full report that he was reading.

There was no public record requests made between November 6th and November 10th. Let's be fair. If the council can launch an investigation on the mayor, then the same council should be willing to have an independent investigation with a polygraph administered to prove that some of us are abiding by the rules and to determine who is not. The violation of public records which falls under the law, the general statute 132-1 was violated. Mr. Attorney, can you explain the repercussions of releasing this information and how do you think we should proceed because someone is distributing emails to the press and I I do not feel in my personal opinion that this is the first time. We just came out of close session and I feel like it won't be the last. So, how should we proceed?

Well, to to answer your question, it is a violation of general statute. Uh, North Carolina General Statute 168 168 uh mandates that all employees personnel files be kept confidential. Personnel files defined in the statute as any information in any form gathered with respect to an employee. So, uh, there there was personnel information in that report. Um, so it should not have been released. Yeah. Okay. So, as far as I was just going to say as far as how to proceed on that, that's that's really up to the council.

So, if we don't have anything to hide, then this council should want to have an independent investigation just like they did the mayor. Again, that's up to the council. if there's nothing to hide. Transparency does not mean linking information to the press. Integrity does not mean punishing one voice while protecting another. And accountability means answering questions, not avoiding them. So, how do council feel like we should proceed? Pro Tim has something she want to say. Yes, ma'am. Yes, ma'am. Thank you. Um, Councilwoman Inventable, I've always taken your concerns.

I'm sorry. It's been a long night. I know y'all didn't get married. I'm sorry y'all. It's been a long night. Council woman Champion are always taking your your concerns um to heart and I know this is something that you speak passionately about. So, let's save the city of Henderson several thousand dollars. Um and maybe we can take care of this tonight. Um I would like to ask um council member DIY if you would like to expand on that. To be quite honest, you know, let's be transparent. We did hear that Councilman Diy was that link that link that link that information to the city newspaper. That is absolutely and that's why I want you to have the opportunity to defend yourself so we can cut nip this in the bud

because it has Yeah, they have been saying that sir for about since it was saying that well the community and some members I didn't hear and I'll tell you why because I want I'm I want you to know what's being said. I don't like this behind your back. That's this is the spotlight was on you, sir. And for that, it was because the individual said that he had a source. He had a special source here on the council. He couldn't he couldn't reveal it. So I Yes, sir. So I want to give you the opportunity to to defend yourself, sir. Thank you.

I don't need a mic. I absolutely have been on this SC I've been on this council 20 years. I absolutely believe the confidentiality of a closed session is is something we need to stick with and never go out. And Gerald, Miss Champion, I have seen at times when things seem to come out in the community from closed sessions. I have never released things from closed session and would never do that. As far as that report, when I saw it in the paper a day or two later, I was a gas because it was obviously they had it. It was word for word what was in my part to see it too because it should never happen. I did not say it. I would not give that report to anybody. And after it was some time uh the manager called me and said he needed to get the report to Herszog to redact anything because you had a public information request from somebody radio station

to send it to Dan. I assume you got it from me Dan but my email I did. Yes, we have redact there's a redacted version of that. I came back to pay. I'm not sure if I got it through or not. You might need to get somebody else to send it. But I did not release it. Would not release it. And if anybody said that they better find a better way to do business. If I find out, I'll sue their asses off. Thank you. I will. Anybody else did it? Not do it. Stand by. I'll take a lie detector. That's what we all Can we do we have a consensus that do a lot? Do we have a do we have a polygraph examiner at the PD? I will not be taking any polygraph tests. That's on you. It's on me. Would do a lot better. Okay. I'm just public because we don't have to spend any money if we have

I did not do it and I really am. Those are generally not admissible as as evidence, but I did not and it was it had to be a council member because they don't hear now or they could be gone or anything about it. So I did not do that came that that would that particular email came that Oh yeah. Okay. All right. I follow you council person if not so I won't get an apology tonight. Do we have a motion to adjurnn? to say that and uh I don't know I don't know somebody I'm transparent. I don't

Nobody told me who did it but somebody did it. Somebody definitely did it. I was never told who did it though. But who second emotion to it? I don't know. Vote me down there. put me.