Sources: Deputy Police Chief Council relieved of duties Tuesday

By Ray Gronberg

gronberg@heraldsun.com; 419-6648

DURHAM -- City officials today will release the results of the investigation into the Durham Police Department's payment of at least $62,583 in overtime to an officer who was overseeing towing and her colleagues' moonlighting.

And it is looking increasingly likely that the investigation will claim a top-ranking commander in the Police Department. Sources say the leader of its Operations Bureau, Deputy Police Chief Beverly "B.J." Council, was relieved of her duties Tuesday.

City Council members received copies of the auditors' report early Tuesday evening, after the Police Department and the city Finance Department filed responses to its conclusions.

"In both cases, there was no refuting the findings," City Manager Tom Bonfield said, adding officials would hold a press briefing at 1 p.m. today in City Hall. The report itself should be available in the morning.

Bonfield ordered the Audit Services Department to look into the matter early last month, after hearing from a citizen that Officer Alesha Robinson-Taylor had received a large amount of overtime.

In choosing Audit Services to lead the probe, Bonfield bypassed the Police Department's internal-affairs unit. He has said he did so to ensure the investigation's independence, given the possibility that command-level officials in the Police Department signed off on Robinson-Taylor's overtime claims.

The manager also had said previously that one objective of the audit was to identify exactly who did sign off.

That, he said Tuesday, has been done.

Bonfield wouldn't address questions Tuesday evening about any dismissals that might result from the investigation. He did, however, say that he intends to consult City Attorney Patrick Baker this morning about state privacy laws and may address the point during the afternoon briefing.

Robinson-Taylor answers to a short chain of command that starts with the executive officer of the Police Department's Operations Bureau, Capt. Charlene Balch, and goes to Deputy Chief Beverly "B.J." Council and Police Chief Jose Lopez.

Balch was Robinson-Taylor's superior during only part of the time the officer was receiving large overtime payments. She replaced former Capt. Ron Evans as operations executive officer early this year.

Bonfield said administrators would relay the audit's findings and other information to District Attorney Tracey Cline. It'll be up to Cline to decide whether to pursue criminal charges.

People familiar with the police trade have said phony overtime claims are one of the most common forms of police corruption, and frequently lead to criminal prosecution.

Cline has the option under state law of requesting help from the State Bureau of Investigation. She can also ask state Attorney General Roy Cooper and his staff to handle any prosecution if she believes her office has a conflict of interest.

Bonfield said he's additionally interested in the possibility of restitution. Officials are "going to do everything we can to find out what opportunities there are to receive" it, he said.

The audit's likely mention of the Finance Department was a new twist on Tuesday. The manager said the concern is whether that department, which processes payroll claims, should have spotted a problem and reported it up the chain of command.

The precise amount of money involved is still unclear. Bonfield it is "probably more than" the $62,583 previously reported, and said officials today would likely have "some range of numbers" to disclose.

Top-level repercussions had been expected. The leader of the N.C. Sheriff Police Alliance, former Durham Police Department Capt. Andy Miller, said last month he didn't think the public would accept making a low-ranking officer the scapegoat.

Department policy says overtime claims have to be logged, approved by a supervisor and can't be paid for any work "performed without the knowledge and approval of supervisors."