Lynchburg officials: Too early for any action on officer allegations

Lynchburg City Council members say it is premature to consider taking action against the city manager in regard to allegations that he threatened and harassed a local police detective.

Two days after Detective John Romano filed suit in federal court asserting his constitutional rights were violated, a majority of council said it had not yet reviewed the allegations or heard the secret recording Romano made of an April 3 meeting he had with City Manager Kimball Payne and Police Chief Parks Snead.

Listen to Detective John Romano's 54-minute recording

Click to view the lawsuit documents, including a copy of Detective Romano's original March 10 statement to City Council.




Guide to tape
00:08 Police Chief Parks Snead and Detective John Romano discuss the city manager's reaction to Romano's public statement, made 24 days earlier, questioning the city manager's handling of the budget. Snead tells Romano the city manager was upset early on, "but that was a long time ago. He's fine now." He also offers words of support for the detective. "You work here and you're in the years-long habit of doing the right thing. I know that. I'm not concerned about that."

01:30 Awaiting the city manager's arrival, Snead and Romano engage in small talk. Snead explains the history of a keepsake on his desk. Romano reports on some of the cases he is working on.

07:41 City Manager Kimball Payne arrives. The recording rustles for several seconds as the men exchange greetings.

08:15 The conversation at the center of Romano's lawsuit begins. During this period, Payne tells Romano that his earlier statement contained inaccuracies and was personally insulting to him. He also criticizes Romano for failing to identify himself as a city employee at the time, saying the detective misrepresented himself and fell short of the level of integrity expected in city government. Romano responded he wanted to separate his professional and personal life in this matter and repeatedly requests that they discuss this at a time when he isn't working. He also said he was observing the wishes of the police chief by not mentioning his place of employment. The chief, who remained quiet during most of the meeting, acknowledges that Romano was advised to omit the fact that he's a city employee.

At one point, Payne tells Romano that if he continues to do these things it will affect his career and "you'll never be able to prove it didn't." Romano responds that he did not violate any city policy and says he's feel the city manager may have crossed a line. "You're basically threatening me that if I speak again that I'm going to be penalized in a way that may not be easily detectable. And I don't think that's appropriate."

Payne later apologizes and says it was never his intent to threaten Romano. He also indicates he does not intend to hold a grudge. "As far as I'm concerned when this is over, this is over," he said. "Because I don't live my life that way. And if you thought I was threatening you earlier, I apologize for that. I certainly didn't mean to do that. Because I don't intend to do anything, other than hopefully answer your (budget) questions some day when we have that chance."

45:52 The conversation begins to digress into a form of friendly small talk. Topics include issues related to computer crime — a specialty of Romano's — and a shooting simulation program operated at the Central Virginia Criminal Justice Academy.

The city manager is one of three local government employees who answer directly to City Council. On Thursday, a majority of council said they feel it’s too early to consider pursuing any disciplinary action in this matter. Many of them said they did not want to rush to judgment, noting that council has not yet been briefed on the details of these allegations and there is still a legal process that must unfold.

“Right now, all I’ve heard is sound bites and pieces of things. I don’t know the whole conversation,” said Councilman Ceasor Johnson. “… Why should you punish somebody without knowing all the facts?”

Said Vice Mayor Bert Dodson, “This is a lawsuit, not a crucifixion.”

None of the council members interviewed Thursday commented on the actions at the center of the lawsuit, but all offered general words of praise for Payne’s performance as city manager.

“I’m in complete support of the city manager,” Councilman Turner Perrow said. “I think he’s a great executive and complete professional. I understand there are people out there screaming for his resignation. I think we’d be sorely pressed to find anyone to fill his shoes.”

Councilman Michael Gillette said he felt the city manager does a “fantastic job.” He declined to answer most other questions, including whether disciplinary action might be considered, citing his lack of familiarity with the details of the case and the pending litigation.

Dodson said Payne was one of the best city managers in Virginia.

Of the six council members reached — Councilman Jeff Helgeson did not return two calls for comment — only one said they had listened to the tape of the meeting that sparked this week’s lawsuit.

Councilman Scott Garrett declined to discuss his reaction to the recording but said he feels Payne does his job well and noted the city manager routinely gets positive performance reviews.

Asked the question about possible disciplinary measures, Garrett said, “I truly don’t know. I think it’s very premature to try to figure out anything like that at this point. I certainly don’t want to prejudge anyone.”

Garrett said he felt things would be more “fully explained” as the court case moves forward.

Mayor Joan Foster said she did not feel prepared to make any decisions at this point.

“I guess it’s kind of premature. I don’t know what to say,” she said. “… I guess I want a little more time to think it over and digest it.”

Foster did say she had the “highest regard” for the city manager.

Payne’s employment contract stipulates that he will receive six months severance if fired, unless he is being terminated for acts involving “moral turpitude, malfeasance or dishonesty,” in which case he is not entitled to any compensation.

The city manager is directly hired by and serves at the pleasure of City Council, as does the city attorney and the clerk of council.

The lawsuit filed by Detective Romano alleges he was threatened by the city manager after publicly criticizing how Payne was handling the budget. Romano secretly recorded an April 3 meeting he had with Payne and Chief Snead about those comments.

On the tape, Payne can be heard telling Romano that if he continues to speak out in such a manner it’s “gonna make a difference in your career, and you’ll never be able to prove it didn’t.” Payne later apologizes and said he does not plan to “do anything” to Romano.

In a public statement made the day after the lawsuit was filed, Payne apologized for his behavior. He said he spoke out of anger during that meeting, but no punitive action was ever taken against Romano.

Romano’s suit alleges Payne violated his right to free speech and claims he has suffered damage to his career and reputation within the Lynchburg Police Department.