BENNETTSVILLE—Bennettsville Police Chief Kevin Miller has filed a suit against the city of Bennettsville and Bennettsville city administrator William Simon Jr.
According to the suit filed on May 14, Miller alleges that he began having issues with the city when former mayor Carolyn Prince took office in 2020. “The former mayor made several negative public and private statements about (Miller), including publicly stating that (Miller) ‘was not her police chief’ (not verbatim). The former mayor’s dislike of (Miller) was well-documented, but (Miller) always received good evaluations. During his time as Chief of Police (Miller) has endured harassment from members of the defendant city council both publicly and privately.”
The suit says that Miller made complaints to the city’s human resources department and the city never took action.
The lawsuit also says that when the council went into an executive session to discuss a personnel matter that dealt with Miller, another employee was in the session, which the suit says is highly unusual for an employee to take part in an executive session. During the session, according to the filing, the employee was “yelling and screaming during the meeting so loudly that people in the lobby could hear her.”
The suit also alleges that since Simon was named city administrator in June 2023, “he has made it clear that he has a personal vendetta against (Miller) and has done everything in his power to terminate (Miller’s) employment. In January 2024, a city employee filed a complaint against (Miller), claiming that he was disrespectful to her. Defendant Simon did not conduct an appropriate investigation into this claim, but rather reprimanded (Miller) for the unfounded complaint.”
According to the suit, Miller had never been reprimanded before January and the complaint hasn’t been resolved, “and has created a tense workplace for (Miller) regarding how to engage with the employee because (Miller) fears further retaliation.”
The suit also states that the Bennettsville Police On-Site Assessment report that was released to the public on April 3 “is biased and was released to paint (Miller) in a negative light to the public and was an attempt by Simon and the city to fire Miller.
Miller was suspended without pay in March for five days. The suit states that “prior to the suspension, Defendant Simon tried to pressure (Miller) to write a reference letter for an unqualified candidate in another city for the position of police chief because (Simon) and the candidate were in the same college fraternity. (Miller) refused.”
The suit alleges that Miller’s suspension was because he didn’t write the letter and that he had filed a workers’ compensation against the city.
The suit states that Miller has attempted to look for other jobs in Marlboro County but has been refused interviews because of “negative media attention that the assessment and Defendants’ actions have brought.”
The suit says that Miller believes he’s being targeted because he’s white.
The suit says the city is negligent because it has failed to properly supervise Simon and that failure could result in harm to the employees.
The suit accuses the city of violating labor law which states in part, “No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers’ Compensation Law (Title 42 of the 1976 Code), or has testified or is about to testify in any such proceeding.
Any employer who violates any provision of this section is liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position. The burden of proof is upon the employee.”
The suit accuses Simon and members of the city council of abusing their power to harm Miller for their own “personal agendas and personal benefit,” creating a civil conspiracy.
The suit also alleges defamation and intentional infliction of emotional distress. According to the suit, Miller is seeing all of the damages available to him under South Carolina law.
The city and Simon filed an answer to the suit on May 20, denying all claims alleged by Miller. The answer says that at all times the city and Simon acted in good faith toward Miller and in a reasonable manner.