A Question of Transparency

At the end of December, Greensboro police officers responded to a domestic dispute involving then-City Manager Taiwo Jaiyeoba and his two adult daughters. What started at home has since escalated into a legal fight over where to draw the line between Jaiyeoba’s privacy rights and the need for transparency in an incident involving a city official. 

The case has gone through a rollercoaster ride of twists over the last few weeks, after Superior Court Judge Allen Baddour granted the News & Record’s request for body-camera footage and then city officials announced on the day that footage was supposed to be released that they intended to appeal. (The city council requested and viewed the footage and said Greensboro police followed the proper protocols.)

Then, on March 5 the city announced that Jaiyeoba was resigning with a severance package that included his salary–which is $322,052 a year–through June. Mayor Nancy Vaughan and Council Member Tammi Thurm told news outlets that the city manager’s resignation had nothing to do with the domestic incident but was due to an internal policy violation that would have gotten any city employee fired. They would not say anything more about the policy violation. 

Separately, the city issued a news release saying there had not been any investigation into whatever the alleged policy violation might have been. WFDD and the Rhino Times reported that Jaiyeoba violated the city’s sexual harassment policy.  

City officials have declined to provide much information at all despite mounting demands for transparency. Officials say they cannot talk about what led to Jaiyeoba’s resignation because it is a personnel issue and not public record. And city officials, including Vaughan, have said they oppose releasing body-camera footage because it may deter people from calling 911 for fear it could later be released. 

Vaughan said she believes the law on body-camera footage should be changed to protect the privacy rights of people dealing with mental health issues, domestic violence, sexual assault or an addiction crisis. Those people should have the opportunity to consent to footage being released to the public, she said. 

This has all been a stunning turn of events for Jaiyeoba, who, as Charlotte’s planning director, played a central role in new zoning regulations designed to reverse the city’s segregated past, as we wrote last November. 

Jaiyeoba issued a statement soon after the December 28 incident asking for privacy but not providing much detail. The woman who called 911 said that Jaiyeoba was hitting his children. In a court document, Jaiyeoba would say he dislocated his shoulder. His daughters were described as having minor injuries in an incident report. 

No criminal charges were filed–but unlike most people, Jaiyeoba was able to call Greensboro Police Chief John Thompson directly. Thompson dispatched a high-ranking police official to the scene to de-escalate the situation. Greensboro police blocked access to the incident report in its digital database, resulting in the records request from the News & Record. Greensboro police later said it routinely blocked access for incidents involving sexual abuse, police officers, and public officials. 

Beth Soja, an attorney with the Reporters’ Committee for a Free Press, said it is already difficult for journalists and other members of the public to obtain body-camera footage. Under state law, body-camera footage is not a public record. In the past, citizens could use a form provided by the N.C. Administrative Office of the Courts to petition the court for its release. But the Courts of Appeals ruled recently that the form is not sufficient; petitioners would have to file a lawsuit in superior court, which can cost  $200 and likely require hiring an attorney. 

Soja said a judge has to consider eight factors, including whether there is a compelling public interest, in order to release footage.

Vaughan said in a text message that Baddour had not “considered the impact that this would have on the former City Manager’s daughters and he did not ask for their consent.” Baddour ordered that images of the minor daughter be blurred and that any conversations involving her be muted. He also ordered that Jaiyeoba’s house number be blurred. 

It will take months before the Court of Appeals hears the case and issues a decision. 

Clarification: This story has been updated to make clear what Baddor’s order covered.

Michael Hewlett is a staff reporter at The Assembly. He was previously the legal affairs reporter at the Winston-Salem Journal. You can reach him at michael@theassemblync.com.