Durham County

Durham County settles ousted manager’s discrimination lawsuit for $790K

Durham County Manager Wendell Davis was appointed top administrator in 2014.
Durham County Manager Wendell Davis was appointed top administrator in 2014.

Durham County will settle a discrimination lawsuit filed by its former manager for $790,000, records released by the county this week show.

Wendell Davis, who is African American, sued the county last year. He alleged racial and sex-based discrimination by the two white women on the Board of County Commissioners, Heidi Carter and Wendy Jacobs, both of whom have denied the claims.

The board voted 3-1 this week to settle the case after talking it over for about 30 minutes behind closed doors. Closed sessions can be held to preserve attorney-client privilege.

County Chair Brenda Howerton, Commissioner Nimasheena Burns and Jacobs all voted to settle. Carter did not. Commissioner Nida Allam was out of town.

County Attorney Alan Andrews said the board discussion Monday afternoon was “robust” and followed an all-day court-ordered mediation between Davis and the county last week.

“There is no admission of liability or finding of liability by or against Durham County,” Andrews told The News & Observer.

Davis, who did not respond to requests for comment, will dismiss the case, according to the terms of the settlement.

What happened?

In 2020, Davis accused Carter in a letter of a pattern of racial bias in her interactions with him and other county employees of color.

A Duke attorney hired by the county to investigate found no evidence of racial bias on Carter’s part, but said the fractured relationship was a product of “dysfunction” in county government.

Davis said Jacobs, who voted against his hiring, had wanted a woman in the position.

“The African-American members of the Board of Commissioners have repeatedly and publicly expressed confidence in (Davis). Both African-American member expressed concerns that (Davis) was being subjected to discrimination,” the lawsuit stated, referencing Howerton and Burns.

Davis was ousted in 2021 after seven years on the job. Only Howerton and Burns wanted him to stay on.

The Durham Report

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This story was originally published May 4, 2023 at 2:03 PM.

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Mary Helen Moore
The News & Observer
Mary Helen Moore covers Durham for The News & Observer. She grew up in Eastern North Carolina and attended UNC-Chapel Hill before spending several years working in newspapers in Florida. Outside of work, you might find her reading, fishing, baking, or going on walks (mainly to look at plants).
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