9 Durham government employees under fire in 2024: What we know. What they won’t tell us.
When people take government jobs, certain details of their employment become part of the public record.
In North Carolina, cities and counties must release an employee’s salary, their work emails, and an explanation of why they were promoted, demoted or fired, among other items in a long list set out in state law.
“It really, in many ways, goes back to our sense of having a sense of history, having a transparent government, having a democracy that is accountable to the people,” said Pate McMichael, director of the North Carolina Open Government Coalition.
But in practice, governments often stonewall requests for this information, a “disturbing” practice that often forces “lawsuits that are really not even close calls,” McMichael told The News & Observer in an interview.
The public remains in the dark about the discipline and departures of several high-profile government employees in Durham County this year.
Here’s what we know and what we’re still trying to find out.
Durham assistant police chiefs
The Durham Police Department recently transferred two assistant chiefs away from their regular duties.
- What they said: Assistant Chiefs David Anthony and Shari Montgomery were assigned to the Property and Evidence Unit.
- What we don’t know: The city has not explained why they were reassigned, and a police spokesperson would not say when they were assigned to that unit. The Police Department has yet to release Anthony and Montgomery’s personnel information, which is public under state law. The N&O requested that information three weeks ago, on Oct. 28.
A department spokesperson said “additional information responsive” to The N&O’s request details would be considered private personnel records, but when The N&O challenged that claim, the department then said it had forwarded the request to its human resources team. The human resources team has not yet filled the request.
Mike Tadych, an attorney with the North Carolina Press Association’s legal hotline, said the information requested, which includes Montgomery and Anthony’s dates of original employment, current salaries and dates and types of each transfer, suspension or demotion, is public record under North Carolina law.
Montgomery previously served as interim police chief in 2021, before current Chief Patrice Andrews took office.
County attorney, manager departures
It happened twice this year the same way.
The county attorney and the county manager suddenly left their posts, and county commissioners picked interim replacements without explanation.
That’s unusual. Top employees are generally welcomed (or bid farewell) in news releases and during public comments, especially since the commissioners make only four direct hires: manager, county attorney, tax administrator and clerk, all of whom are voted upon during public meetings.
Little is known about either situation. New County Manager Claudia Hager’s administration reached out after she was hired for a list of all open records requests, which The N&O supplied Nov. 19. A deputy county manager said he is investigating.
The former manager, Kimberly Sowell, went on paid leave in early September and resigned seven weeks later on Oct. 28.
- What they said: Commissioners and public information staff have declined to answer questions from the public and reporters. Sowell has not spoken publicly. In early November, the county acknowledged Sowell was paid over $116,000 in severance.
- What we still don’t know: The public remains in the dark about why Sowell went on leave in the first place. The N&O has requested her public personnel records, closed-session minutes, and communications she had with commissioners and high-level staff. These requests all remain open. The county said her resignation letter will not be released.
The former county attorney, Alan Andrews, left in January after one year and one week in office.
- What they said: Andrews told The N&O he was nearing retirement and moved to Charlotte to be closer to family. Commissioners and county staff have refused to answer questions about his exit, including whether he received a severance package.
- What we still don’t know: Only a small portion of Andrews’ personnel records were released initially, but a more detailed document released Nov. 6 called his departure a “separation,” which according to his contract means he may have received up to nine months severance, over $193,000. In April, The N&O requested emails from the weeks leading up to his exit. More recently, The N&O requested closed-session minutes, settlements and severance packages from 2024. These requests remain open.
Durham County jail employees
Four people with ties to the Durham County Detention Center have been arrested over the past three months.
- What they said: The Durham County Sheriff’s Office, which runs the detention center, responded to all of The N&O’s requests for information, including personnel records deemed public under state law, in under 24 hours.
On Sept. 9, Jade Shanicia Lanique Robertson, a guard who had worked for the Sheriff’s Office since 2019, was fired amid accusations she had sex with an inmate in August 2023, The N&O previously reported. That same week, the Sheriff’s Office announced a second arrest — Lerin Burnette, a contract vendor accused of having sex with the same inmate.
Less than two months later, former Sgt. Nicole Locke was arrested on multiple charges, including two counts of felony conspiracy and one count each of providing a phone/electronics to inmates and misdemeanor conspiracy, The N&O reported. The inmate tied to Robertson and Burnette’s arrests was also tied to Locke’s, court records show.
Briana Ashley Bowie, a nurse contracted to work at the jail, was also charged in October with conspiracy to sell a Schedule VI controlled substance, though the case is unrelated.
Durham superintendent’s resignation
The superintendent of Durham Public Schools resigned this year after financial mismanagement plunged the school district into chaos, with administrators realizing mid-year the district couldn’t afford raises already awarded to about 1,300 employees.
Pascal Mubenga received a year’s salary — $297,759 — in severance payments when he resigned. That’s roughly enough money to pay the salaries of six first-year teachers or nine new bus drivers.
- What they said: The school board chair made a statement on camera that night, and administrators distributed printed copies of the resignation agreement to the press.
- What we still don’t know: The N&O requested closed-session minutes from a string of related meetings to understand the board’s decision-making. The minutes were so heavily redacted that it’s impossible to see what the board discussed. The school district’s lawyer provided no explanation for the redactions. According to state law, closed-session minutes must be released once they no longer “frustrate the purpose of (the) closed session.”
NC Reality Check is an N&O series holding those in power accountable and shining a light on public issues that affect the Triangle or North Carolina. Have a suggestion for a future story? Email realitycheck@newsobserver.com
This story was originally published November 21, 2024 at 9:17 AM.
