City settles with former police chief for $200,000 

Attachments

Gina Hawkins settlement document.

The city of Fayetteville will pay former Police Chief Gina Hawkins $200,000 to settle her claims alleging that she worked in a hostile work environment and experienced discrimination, according to the settlement agreement shared with CityView Tuesday.

The agreement, releasing the city of all legal liability in the case, comes after Hawkins threatened in August to sue the city if it failed to reach a settlement with her over the claims of racist and sexist treatment. In signing the letter, Hawkins agreed to give up her right to sue the city in the future on any grounds except for breach of the agreement.

The $200,000 settlement is broken down into two portions: $140,000 going to Hawkins for “alleged emotional distress, liquidated and/or other non-wage damages,” and $60,000 for attorneys’ fees. 

Hawkins served as Fayetteville’s police chief from August 2017 to January 2023.

The Fayetteville City Council voted 8-2 Monday night to authorize City Manager Doug Hewett to sign the settlement and release agreement. Councilmembers Mario Benavente and Deno Hondros opposed the motion.

“My biggest concern is simply that our city is rolling over when it comes to certain folks that are seeking a payday,” Benavente told CityView after the meeting. 

Settlement details

According to the terms of the agreement, its existence does not constitute any “wrongdoing or evidence of any liability or unlawful conduct of any kind” by the city — as well as a wide range of entities and individuals associated with it, including but not limited to city employees and city council members, who are referred to as “releasees.” 

“There has been no determination on the merits of the Demand Letter and the City and Releasees deny any and all liability” the agreement states.

The agreement contains several provisions, notably:

• Hawkins cannot make any statements that are “disparaging, demeaning or defamatory” about the city and its employees or elected officials, “including but not limited to communications on social media websites such as Facebook, Twitter, LinkedIn, or Glassdoor on blogs, by text or email or other electronic means.”
• The city also agrees to “instruct all City Council Members, including outgoing Council Members, to not disparage or otherwise communicate any information that is or reasonably could be harmful to Ms. Hawkins' reputation.”
• Hawkins cannot accept employment with the city again, partly because of “irreconcilable differences with the City.” 
• Hawkins cannot participate in any future class action against the city. Hawkins can still legally interact with the city as a whistleblower in any potential cases that may require her to testify anonymously in cases against the city. 
• Hawkins will have to pay $1,000 for any breach of the agreement, and she will have to return 90% of the settlement funds if any aspect of the agreement is breached 

Hawkins signed the agreement on Dec. 6. Hewett signed it Monday. 

CityView was not immediately provided access to the settlement after the council authorized its approval Monday. City officials attributed that to legal reasons, since the settlement was still in draft form Monday and had not yet been audited by Jody Picarella, the city’s chief financial officer. CityView was provided with a copy Tuesday evening. 

Contact Evey Weisblat at eweisblat@cityviewnc.com or 216-527-3608. 

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