The former Cumberland County Central Communications Center Director Mike Blackwood has filed a federal lawsuit against Cumberland County and Mayor Kenneth Carey along with the CCC board, the 911 Emergency Communications District, and the City of Crossville.
Crossville/Cumberland Co. Emergency
Communications Center
The lawsuit claims retaliation against Mr. Blackwood for using his First Amendment rights, Violation of the Tennessee Public Employee Political Freedom Act (PEPFA), Violation of the Tennessee Public Protection Act (TPPA), and violation of the Tennessee Open Meetings Act (TOMA). The suit is seeking back pay, reinstatement, compensatory damages, treble damages under the PEPFA, additional damages as well as reinstatement and back pay under the TOMA. A jury trial is requested.
The 19-page complaint alleges that Cumberland County Mayor Carey orchestrated Blackwood's firing because he was unhappy with some actions of Blackwood including his speaking out on budget and employee matters. In addition, there were irregularities with county's credit of compensatory time off to Blackwood when he worked overtime and holidays as well as Mayor Carey calling Blackwood gay, spreading false rumors about him and falsely claiming Blackwood had a relationship with a dispatch employee.
Cumberland Co. Mayor
Kenneth Carey
While Blackwood's suit names the additional defendants, a note in the suit states that County and Carey are primarily responsible for the conduct complained of in the suit. The note adds that it is unclear which entity or entities employed.
Blackwood was employed as the Central Communications Center director from December 2015 to August 2017 and the suit says that during his tenure no complaints were filed against him by any of the emergency services the center served or by any citizen over his performance.
The suit also alleges that the Central Communications Committee (CCC) was improperly formed and exercises the powers and function of the 911 Emergency Communications District.
Issues that arose during Blackwood's tenure with the communications center included problems with employment rosters and budget documents provided by the county finance office. Blackwood said that he complained about those issues and instructions he received from Mayor Carey to falsify work hours, that cost him compensatory time to which he felt he was entitled.
According to Blackwood's suit, Mayor Carey heard about Blackwood's complaints to others about the matters and Carey threatened Blackwood saying “You need to mind your own business” and “You need to worry about your department and not anyone else's.” Blackwood's suit also alleges that when he asked Carey about a budget meeting on a Saturday that Carey responded, “That's how we get around the sunshine law.”
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In the suit, Blackwood said that he had legally responded to open records requests made by former Crossville Police Chief Rod Shoap but that Mayor Carey got angry and asked if Blackwood was helping Shoap. Also, the suit says that Carey told him not to provide any more public information to Shoap. Shoap currently serves as the CCC director.
An issue in January 2017 involved Blackwood's discipline of a dispatcher named Tabitha Randolph. The suit states that Blackwood said he had received complaints that Randolph had treated firemen inappropriately. Following an investigation, Blackwood gave the dispatcher a written counseling. In April, an additional inappropriate conduct was reported and the employee received a 3-day suspension.
At a late April 2017 meeting, Blackwood said he provided Mayor Carey with his investigation and statements from employees. The suit states that Carey began to talk of looking for a new director then accused Blackwood of inappropriate behavior and stated, “people say you are a homosexual.” Further discussion along those lines was made by Carey and Blackwood told him it was offensive and inappropriate. The suit states that Carey made false statements about Blackwood's sexual orientation to other county employees and third parties who told Blackwood Carey had done that.
On May 1, 2017, Carey told Blackwood to call a meeting of the CCC. That meeting was held on May 9th and became a grievance hearing for a complaint filed by Tabitha Randolph against Blackwood. Carey provided the CCC board with part of the material he had been given by Blackwood but held some of the material out. Blackwood provided that material to the board and following a hearing Blackwood's discipline action was upheld by the board.
The following is directly quoted from the lawsuit: On May 12, 2017, the self-professed “best friend” of Mr. Carey whom Mr. Carey had appointed to the 911 Board, County Solid Waste Director Michael Harvel, stated to Mr. Blackwood, “The Mayor don’t like being shown up by no queer.”
On May 31, 2017, EMA Director Garrison advised Mr. Blackwood that Mr. Carey had stated to him that Mr. Blackwood had allegedly intimidated employees into providing written statements. Mr. Blackwood denied intimidating any employee. Mr. Garrison, who had worked with Mr. Blackwood, stated that he agreed with him but wanted to let him know what Mr. Carey had stated. He further advised Mr. Blackwood that Mr. Carey was “fishing for something on [him] and [was] out to get [him].”
Mike Harvel has been indicted on criminal sexual battery and official misconduct charges in an unrelated matter but remains on the county payroll.
Finally, the lawsuit states that shortly before August 28, Mayor Carey convened a secret meeting of the CCC executive committee even though there is no such committee in the charter of the CCC. In addition, the secret meeting was not public or publicized nor was an agenda released.
On August 28th a full CCC meeting was held while Blackwood was at a previously scheduled doctor's appointment in Nashville and the decision to fire Blackwood was announced at that time. Blackwood said he received a text notifying him that he had been discharged while in the waiting room of the doctor.
The suit states that upon information and belief Carey encouraged and influenced the executive committee to terminate Blackwood for the following reasons: 1) he was allegedly performing “illegal” NCIC checks; 2) he was allegedly “falsifying” employee time cards; and 3) he had allegedly had an “inappropriate relationship” with another employee.
A later audit showed that there was no misuse of the NCIC system, that timecards were consistent with the training rosters of training completed and no action was taken against the employees for any alleged improper payments, and Mr. Blackwood had no inappropriate relationship with an employee.
Blackwood said he was never given any written charges nor was he allowed to defend himself as is the usual custom, policy, and practice. He also never received any disciplinary action regarding his job performance or any alleged misconduct.
