Durham County government in state of ‘periodic dysfunction,’ consultant says

A consultant found no racist intent in a Durham county commissioner’s criticism of the county manager last winter.

But he says tension between the commissioners and manager — and among the commissioners — has put Durham County government in “a state of periodic dysfunction.”

In a report the county released Thursday, attorney James Coleman Jr. said, while he did not find racial bias in Commissioner Heidi Carter’s criticism of County Manager Wendell Davis in February, he could see how Davis and other staff members might have perceived it that way.

Further, the way some commissioners question Davis and other county employees could be perceived as “micromanaging, disrespectful of their expertise, or biased,” Coleman wrote in the Aug. 2 report.

“These matters reflect a troubling lack of trust and meaningful communications between the Board, as the governing body, and the County Manager; and, to a lesser degree, a lack of collegiality among some members of the Board,” he wrote.

“As a result, the Durham County Government is in a state of periodic dysfunction, at a time when the residents of Durham County need it to be effective in dealing with several daunting issues, any one of which alone would be challenging,” he continued.

County leaders owe it to their constituents to put the matter behind them and find a way to constructively move on, he wrote.

Carter posted a statement on her Facebook page Thursday evening on the investigator’s report.

“This has been difficult for all involved, and I am glad to have this investigation behind us and to be cleared of the accusations of racist behavior,” she wrote.

The News & Observer contacted Davis and Commissioners Chair Wendy Jacobs for comment, but had not received a response by 4 p.m. Friday.

Commissioner Brenda Howerton called the investigator’s report very important and said residents need time to read and digest it.

Tense exchange at board meeting

Davis accused Carter of racism in a letter to her in February, after an exchange at a county board meeting. Davis, who has been manager since 2014, is Black. Carter, who is serving her first term, is white.

At the February board meeting, Carter expressed frustration with how long it took for staff to draft new school construction plans, The News and Observer reported.

“I’m frustrated that it took a near emergency,” said Carter, a former member of the Durham school board. “I feel like if the direction had been given from management to you all, we could’ve gotten this sooner.”

In the letter, Davis alleged Carter told him after she began her term, “You work for the Board, and when we tell you to do something, you’d better grin and bear it.” Her language “harkens back to a time in American history, when people of color were slaves.,” he stated.

Carter called the letter’s claims “baseless” and asked why Davis would raise the issue before a primary election, which she won three weeks later.

In April, the county agreed to investigate the claims and seek outside legal counsel to look into Davis’ concerns and also to assess how he sent the letter.

Carter comments on “sexist undertones”

The 8-page investigator’s report makes public some new details on the clashes between Davis and the commissioners, which Carter refers to in her Facebook post.

After the meeting when Carter expressed frustration about school construction plans, Davis asked Jacobs “to do something to get Commissioner Carter under control,” Coleman wrote in the report.

“Chair Jacobs recalled that Mr. Davis yelled across the room for her ‘to tell her colleague that she can’t talk to me that way,’” he wrote.

Coleman also wrote how a former official who had worked with Carter said “her remarks sometimes are unnecessarily acidic.”

Carter responded to those references in her statement.

“Women leaders have long been criticized for their tone,” she wrote. “It is disappointing but familiar to have some individuals describe my advocacy as ‘abrasive’ or ‘acidic’ and to hear requests to ‘do something to get Commissioner Carter under control.’”

“Women who are advocating for their priorities and principles do not need to be controlled or moderated, and the degree to which these sexist undertones continue to permeate our conversations is disturbing,” she wrote.

She also alleges people who supported her faced retaliation.

“(L)eaders of color in Durham, particularly women of color, who vouched for my commitment and my character, were harassed for their statements of support,” Carter wrote.

When asked for details about the leaders and harassment, Carter declined to say more.

“I am sorry, but I simply am not free to comment further at this time,” she said in an email.

Davis cleared by managers association

Last month after being forwarded an anonymous complaint, a committee that oversees local government managers cleared Davis of alleged wrongdoing tied to his accusing Carter of racism.

The International City/County Management Association said Davis did not violate its ethics code and specifically cleared him of misconduct in regard to six concerns, including that he did not follow county grievance procedures and that he timed his complaint to interfere with Carter’s re-election bid.

This story was originally published August 20, 2020 at 4:48 PM.