Wood v. Town of Warsaw

914 F. Supp. 2d 735, 2012 WL 6677574, 2012 U.S. Dist. LEXIS 180703
CourtDistrict Court, E.D. North Carolina
DecidedDecember 21, 2012
DocketNo. 7:10-CV-219-D
StatusPublished
Cited by12 cases

This text of 914 F. Supp. 2d 735 (Wood v. Town of Warsaw) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. Town of Warsaw, 914 F. Supp. 2d 735, 2012 WL 6677574, 2012 U.S. Dist. LEXIS 180703 (E.D.N.C. 2012).

Opinion

ORDER

JAMES C. DEVER III, Chief Judge.

On October 14, 2010, Plaintiff Raymond Wood (“plaintiff’ or “Wood”) filed suit in Duplin County Superior Court against his former employer, the Town of Warsaw (“defendant” or “Town”) [D.E. 1-2], Wood alleges that the Town terminated his employment as Chief of Police in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 626-634, and North Carolina public policy. Id. On October 26, 2010, the Town removed the case pursuant to federal question jurisdiction [D.E. 1-3]. On May 21, 2012, the Town moved for summary judgment [D.E. 38] and submitted a supporting memorandum and exhibits [D.E. 39]. Wood responded in opposition [D.E. 41, 43], and the Town replied [D.E. 44]. As explained below, the court grants the Town’s motion for summary judgment.

I.

From 1976 until April 1, 2009, the Town of Warsaw employed Wood as its Chief of Police [D.E. 43-2] 1 (“Wood Aff.”). On January 14, 2008, the Town’s Board of Commissioners (“Board”) held a closed session meeting to discuss performance improvements Wood needed to make [D.E. 39-3] 187 (“Burrell Dep.”). Jason Burrell (“Burrell”), the Town Manager and Wood’s supervisor, was not informed in advance about the subject of the meeting and did not plan to offer his own criticisms. Id. 18990. On January 24, 2008, Burrell met with Wood and delivered a memorandum (“Performance Memorandum”) listing concerns with Wood’s job performance [D.E. 39-4] (“Performance Mem.”). Burrell directed Wood to “address[] or correet[]” these concerns. Id. 1. The concerns in-[737]*737eluded the need for Wood to wear a uniform, to be more visible and active in the community, to make better use of technology, and to improve his management and training of officers. Id. 1-2. Burrell believed that Wood would retire rather than comply with the requests [D.E. 43-6] 1 (“Burrell E-mail”). The last section of the Performance Memorandum, titled “Change with the time,” described concerns with the police department’s failure to use technology and the failure to take an “aggressive approach” toward criminal activity. Performance Mem. 2. Before meeting with Wood, Burrell e-mailed another town manager to seek advice in handling the situation. See Burrell E-mail 1. In his reply to his colleague’s response, Burrell described one member of the five-member Board and the Mayor as having “conned everyone else to give a list of things that need to be improved upon. If [Wood] is willing to comply fine, if not he needs to be pushed toward retirement.” Id.

One of the Town’s commissioners, Johnny Hollingsworth, was a downtown merchant who personally disliked Wood. [D.E. 39-2] 146 (‘Wood Dep.”); Burrell Dep. 160. According to Wood, this animus did not stem from Wood’s age. Wood Dep. 146-47. Wood also did not believe that the creation of the Performance Memorandum or the concerns listed therein (including criticism of his lack of aggressiveness or use of technology) were age-related. Id. 67-68, 72. Although Wood thought the Board had animosity toward him, he did not think it was age-related. Id. 146. Moreover, Wood agreed that at least some of the concerns in the Performance Memorandum were legitimate. Id. 72. Nonetheless, Wood denied that there was a problem with a lack of aggressiveness in law enforcement or a lack of officer training. Id. 5055, 6768. Wood received no formal performance evaluations during his career as Chief of Police and, besides the Performance Memorandum, received no written discipline or written criticism. Burrell Dep. 43-44.

In September 2008, in order to save money, the Board voted to eliminate two of the Town’s four police dispatchers. See Wood Dep. 78. The Board planned to transfer some dispatching duties to the county’s dispatching service. Burrell Dep. 88. Wood did not agree with eliminating the two positions. Wood Dep. 81. He wrote a memorandum to the public announcing that police dispatch would no longer be available twenty-four hours a day [D.E. 39-5].

Burrell tasked Wood, as Chief of Police, with deciding which two dispatchers to terminate. Wood Dep. 86, 90. Burrell told Wood that the decision should be based on performance and seniority. Id. 86. Burrell informed the dispatchers that these would be the relevant criteria in Wood’s decision. See Burrell Dep. 155. On January 7, 2009, Wood met with the dispatchers to announce the layoffs. Wood Dep. 112. According to the Town’s police captain and three dispatchers, Wood told the dispatchers during the meeting that the Board had decided to terminate the two dispatchers with odd (as opposed to even) radio call numbers [D.E. 39-8] 79; [D.E. 39-9]; [D.E. 39-10]; [D.E. 39-11], Wood denied that he attributed this method to the Board, but acknowledged that he might not remember the meeting fully. Wood Dep. 112-14. Wood also told the dispatchers that the Board and Burrell knew about the meeting but did not care enough to attend. Id. 117-18.

In a post-meeting memorandum to Burrell, Wood wrote that he had told the dispatchers that he based the termination decision on their radio call numbers [D.E. 39-6]. “[E]ven number dispatchers would stay and the odd number dispatchers would be relieved of their duties, as of [738]*738February 5, 2009.” Id. The memorandum also stated that Wood made the decision to use radio call numbers in conjunction with the Board. Id.; see Wood Dep. 101. Wood testified that he actually based the termination decision on merit, despite what he told the dispatchers in the meeting and wrote to Burrell in the post-meeting memorandum. Wood Dep. 90, 104. Wood said he used the excuse about the radio call numbers to avoid hurting any dispatcher’s feelings. Id. 104. Wood’s statement to the dispatchers about basing the layoff decision on the radio call numbers led one dispatcher to file a grievance. Burrell Dep. 205. The dispatcher believed that using the radio call numbers was unfair [D.E. 39-9]. In Burrell’s opinion, how Wood handled the dispatcher layoffs merited Wood’s termination. Burrell Dep. 211.

Burrell and the Board were dissatisfied with Wood’s job performance in 2008 and 2009. Burrell testified that Wood not only mishandled the dispatcher layoffs, but also was not proactive in leading the department, particularly with regard to technology and police practices. See Burrell Dep. 101, 126, 196-97, 203-04, 211.

On February 9, 2009, the Board met in closed session and unanimously decided to ask Burrell to request Wood’s retirement or resignation. Batten Dep. 103-04, 107. In doing so, the Board recognized that Wood worked for Burrell and that Burrell was the decisionmaker. See id. 103; Burrell Dep. 27-28. Burrell agreed with the Board’s recommendation and met with Wood on February 11, 2009, and told Wood that he needed to retire or resign. Burrell Dep. 22-29. Burrell testified that his reasons for requesting Wood’s retirement or resignation were Wood’s work performance, including his poor handling of the dispatcher layoffs, and his failure to make requested changes to the police department. Id. 39-40. In the meeting, Burrell stated that if Wood did not retire or resign, he was likely to be terminated. Id. 23.

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Cite This Page — Counsel Stack

Bluebook (online)
914 F. Supp. 2d 735, 2012 WL 6677574, 2012 U.S. Dist. LEXIS 180703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-town-of-warsaw-nced-2012.