The state Highway Patrol said it will release dismissal letters for two recently-fired troopers if the firings are unchallenged or upheld by the secretary of the N.C. Department of Crime Control and Public Safety, who oversees the patrol.
Lt. Michael Faison and Trooper Hubert Sealey were fired last week, according to the Fayetteville Observer. Both were assigned to the Fayetteville-based Troop B. Sealey is a Robeson County commissioner.
The patrol has only said the firings do not involve criminal misconduct. The patrol's spokesman, Sgt. Jeff Gordon, had told the Fayetteville newspaper that the dismissal letters would only be public if the troopers had appealed their firings to Crime Control Secretary Reuben Young and he upheld them. That suggested the dismissal letters might not become public if the two troopers chose not to appeal.
Last year, the state legislature passed a new law that makes dismissal letters public. The new law followed our three-part series, Keeping Secrets, that showed North Carolina had one of the most secretive personnel laws in the nation.
This week, Gordon clarified the patrol's position on dismissals. He provided a memo from Joe Dugdale, the patrol's general counsel, that explains that dismissal letters for the two troopers would become public unless Young decides to reinstate them.
The letters may not be the ones that patrol Commander Michael Gilchrist wrote. If Young handles the appeals, the dismissal letters would come from him.
This is consistent with the new law, which makes public dismissal letters that represent a department's final decision. That provision is intended to keep private allegations of misbehavior that were later found to be untrue during the internal appeal process.
One new bit of information about one of the troopers: Faison served a three-day suspension for disciplinary reasons in 1996, roughly four years after he joined the patrol. The new law makes public such suspensions, though it does not require the reason for the suspension to be disclosed.
Gordon said the two troopers do not have the option to try to resign to avoid the release of a dismissal letter. At this point, they can be reinstated (possibly to a lesser position) or dismissed.




