CLAYTON COUNTY: Officer who fondled recruit is not fired

A veteran Clayton County police officer was demoted but allowed to keep his job after admitting to kissing, fondling and sexually harassing a recruit.

Henry Derbyshire, a 28-year veteran of the Clayton County Police Department, was demoted from sergeant to patrol officer after investigators found he violated the county’s sexual harassment policy.

“He lost $15,000 in pay and was demoted to fleet maintenance,” police Chief Jeffrey Turner said. “We took action and in my opinion, it was appropriate action. She wanted him terminated, but she doesn’t make those decisions.”

But now the County Commission wants to know why Derbyshire still has a job and was not prosecuted.

County Commission Chairman Eldrin Bell asked the county attorney to look into the case after the victim complained to him last week.

“I have questions about this entire matter,” Bell said Monday. “The credibility of our Police Department is of paramount concern to this government. I am outraged.”

Concerns about sexual harassment arose in August when a 36-year-old female recruit complained about Derbyshire, then a recruiter and internal affairs investigator. The recruit passed the police qualifications test but never returned to complete the hiring process.

The Atlanta Journal-Constitution received the investigation and Derbyshire’s personnel file through an Open Records Act request.

According to the woman’s statement, Derbyshire —- who had the job of investigating the department’s sexual harassment complaints —- told the recruit he could get rid of any complaint she made.

Under Georgia law, Derbyshire’s actions would be considered sexual battery, said Shawn Paul, president and chief executive officer of the Georgia Network to End Sexual Assault.

“Any person commits sexual battery when he or she makes intentional unwanted physical contact with intimate parts of the body,” Paul said.

She is concerned that the police department is not taking more action, Paul said.

“I believe we have a right to be treated with dignity and with respect from the people who are charged with protecting us,” Paul said. “These allegations are troubling to me.”

Turner said he launched an internal investigation after receiving the complaint. He did not initiate a criminal investigation because the woman did not want to prosecute, Turner said.

The case would be thrown out in court if the woman declined to testify, Turner said.

Internal affairs investigators found Derbyshire guilty of conduct unbecoming of a county employee. Turner said he decided against terminating the officer based on his record and the lack of evidence of sexual battery.

“This is a he-said-she-said deal. The officer said it was a mutual situation,” Turner said. “He has an exemplary record of 28 years of service. This man has a year and a half before he can retire. I’m not going to ruin his career.”

Derbyshire’s personnel file shows no previous sexual harassment complaints. The only reprimands he received were for vehicle accidents and yelling at a fellow officer who gave his now ex-wife a speeding ticket.

Under Clayton County policy, employees found guilty of sexual harassment can receive a written reprimand up to termination.

Derbyshire, who lives in Peachtree City, did not return phone calls Monday. The woman declined to comment, other than her statement to police.

The woman told police she has spoken with an attorney, but has not decided to take any action until she sees what the County Commission does.

The County Commission is now setting up a personnel review committee to investigate this case and other sexual harassment concerns.

Commissioners Virginia Burton Gray and Wole Ralph said they both were concerned about the incident and needed more information before deciding if additional action should be taken.