McClatchy: Computer Issue is Red Herring

The officer fired from the Pickens Police Department several days after issuing a ticket to Clemson University's head football coach said he's considering legal action against the city.

Mike McClatchy and his lawyer Chuck Allen held a press conference about the incident Thursday morning.

McClatchy said that on Sept.3, he pulled over a Ford F-150 after clocking it traveling at 63 mph in a 35 mph zone.

The vehicle's driver, William Christopher “Dabo” Swinney told McClatchy that he was running late for a radio show.

McClatchy said that Dabo's brother, Tracy Swinney, made several abusive statements toward him during the stop.

McClatchy said that during the traffic stop, he was approached by a Bi-Lo manager who said that Mayor David Owens was on the phone and wished to speak with McClatchy.

“I declined the call because I was conducting a traffic stop,” McClatchy said.

McClatchy said he issued a reduced citation of 55 mph in a 35 mph, “which is a $185 fine and four points.”

McClatchy said he spoke with Pickens Police Chief Rodney Gregory the next day about ticketing Swinney.

“Chief Gregory informed me that Mr. Dabo Swinney called him at his residence about 9 p.m. the night of the traffic stop,” McClatchy said. “He also informed me that Mr. Dabo Swinney stated he was displeased with the way I handled the traffic stop and that I acted unprofessionally.”

McClatchy said that during the conversation, Gregory told McClatchy he had viewed the dashcam video and that he believed McClatchy had acted professionally.

That statement is echoed by city officials.

In a statement issued by City Administrator Katherine Brackett Thursday, she reiterates that McClatchy was not fired for issuing a ticket to the Swinney brothers.

“His conduct during the traffic stop was professional and he followed all appropriate procedures,” Brackett said. “Mr. McClatchy was terminated for engaging in private activity on company time on company equipment in addition to violating several general orders.”

McClatchy said that he advised Gregory that he had located several internet postings about the traffic stop.

“I advised him of my intentions of setting the record straight with an accurate account of the traffic stop,” McClatchy said.

According to McClatchy, Gregory jokingly said, “Hell, it's just a speeding ticket, just don't put my name out there.'”

“Due to continued attention and inaccurate information surrounding the traffic stop, on Sept. 12 around 12:30 a.m. from a personal computer at my residence, I posted an accurate statement of the events online,” McClatchy said.

On Sept. 14, while at work, McClatchy “made a grammatical correction” to the original post, he said.

He said personal internet use at work “has been a routine practice by all Pickens Police Department employees. It has never caused anyone a problem.”

The city disputes McClatchy's claim that he spent just a short amount of time editing the original post.

“It is important to note that Mr. McClatchy spent an hour and a half during his police shift at the police station 'editing' his blog post,” Brackett said.

McClatchy said he was told on more than one occasion that the mayor was “angry I did not take his call on the traffic stop.”

“I believe the speeding ticket would have been completely done away with, if it had not been for my expressed desire to avoid preferential treatment for the guilty driver,” McClatchy said.

On Sept. 17, McClatchy said he was informed “by a superior officer” that Gregory had stated McClatchy would not be employed by the police department “by the end of the business day.”

Gregory asked him to submit a letter of resignation several times, then contacted him by phone, again, asking him to resign, McClatchy said.

“When I refused, I was terminated over the phone,” he said.

McClatchy said he was never given a reason for his termination in writing, despite asking for one to be provided.

He said he read media accounts that mentioned an “Employee Warning Report” in his file — a document that McClatchy said he was unaware of, and that he did personally see until Sept. 21.

“I have never seen the report and was never notified of the information it contained,” he said.

McClatchy said that he was “wrongfully terminated for doing my job.”

“The computer issue is a red herring,” he said. “The law should be enforced in a fair manner and apply equally to everyone. “I took a solemn oath to do just that and that is what I did.”

Brackett said McClatchy did not take advantage of the city's grievance policies.

“The City has policies in place where employees who believe they are wrongfully disciplined or terminated may grieve to the Department Head, the Administrator, and finally, the City Council,” she said. “Mr. McClatchy never made any request to grieve either of his two previous disciplinary warnings or this final action. Instead he has chosen a different route.

“If necessary, the City is fully prepared to defend our decision,” Brackett continued. “However, we will do so in a more proper setting, such as a court room where these matters belong.”

Mayor David Owens disputed McClatchy's version of the events.

In a statement released Thursday afternoon, Owens said that he did not call the Bi-Lo.

“I did not call the manager of Bi-Lo or any police officer or the Chief of Police on the evening of the traffic stop,” Owens said. “The manager of Bi-Lo called me to inform me of the chaos being caused at Bi-Lo related to the incident. I did not call him.

I did ask to speak to the officer involved and when I was informed he was unable to come to the phone, I spoke with the other officer involved at the scene. I told them to continue doing their job and follow the proper procedures because there were a lot of people watching."

Owens said he never said anything regarding how Swinney's ticket should be handled that day or at any other time following the traffic stop.

“The next day, after reviewing the video, I even told Chief Gregory to commend the officers on their professional handling of the situation,” Owens said. “I also told Mr. McClatchy personally that he did a great job and that I had seen the video and he handled himself very professionally.”

Owens said he had no part in the decision to fire McClatchy.

Allen said McClatchy was promoted to corporal just a month before his termination.

“Officer McClatchy was unjustly fired from his job,” Allen said. “I will be assisting him in seeking justice.”

When asked if he wanted his job back, McClatchy said while he enjoyed his work at the Pickens Police Department, he felt “a larger target would be on his back” if he returned.