Durham commissioner asks why board discussed racism claim in private, without attorney

A Durham County commissioner on Monday questioned her board’s decision go into closed session last week to discuss the county manager’s accusing another commissioner of racism.

Commissioner Brenda Howerton said she is usually notified about going into closed session in advance, but this time was not. Board Chair Wendy Jacobs said she discussed it with some but not all of the commissioners ahead of time, and also with the UNC School of Government.

“I’m sure the School of Government didn’t tell you to leave the board out of the conversation,” Howerton said during Monday’s board meeting.

Howerton also questioned why the board didn’t have its lawyer present during last week’s closed session.

“If you are leading a meeting and eliminating the counsel, I think there needs to be a conversation about how we manage our business if we don’t have legal counsel and we’re talking about an investigation,” she said.

“I think transparency is important for us as representatives, and I’m very uncomfortable with having these conversations without legal advice,” she said.

The commissioners’ vote to go into closed session last week was unanimous, according to an email from Deputy Clerk Macio Carlton. The News & Observer was unable to reach Howerton after Monday’s meeting to ask about her vote or why she did not publicly raise her objections last week.

County manager alleges ‘inherent bias’

The board decided in closed session last week to take the first steps toward investigating issues associated with complaints by County Manager Wendell M. Davis, who is black, that Commissioner Heidi Carter, who is white, has exhibited racism toward him and others.

In a letter dated Feb. 11, Davis wrote that Carter harbors “an inherent bias” toward him and “people of color in general.” Davis’ accusation grew out of a remark Carter made over public school funding at a commissioners meeting, but he cited other examples of what he sees as her racism. Carter called the accusation “baseless” and questioned it coming during the election season.

In an INDY Week report Feb. 18, Howerton, who is also seeking re-election, called some of Carter’s statements “racist as hell,” and told the newspaper, “I just know when she speaks to him, it doesn’t come off as respectable,” The News & Observer previously reported.

When contacted by The N&O last week, however, Howerton declined to comment beyond calling the situation “a lot of he said, she said.”

The commissioners have decided to contact the N.C. Association of County Commissioners for recommendations for outside counsel to advise them on how to proceed. The board also will consult with the UNC School of Government and the International City-County Management Association.

Call for public discussion, recusal

Lavonia Allison, former chairwoman of the Durham Committee on the Affairs of Black People, spoke up as the board was about to go into closed session Monday, saying the Davis-Carter matter should be discussed in public.

“You are, in fact, disrespecting the interests of citizens,” Allison said.

There was also a call during the public comments Monday for Carter to recuse herself from discussions leading up to the investigation. Antonio Jones, a former school board candidate, said her involvement in selecting who does the investigation would be a conflict of interest.

“If anything, it just gives the appearance that something is not right,” he said after the meeting. “The bigger issue is we have to have confidence in our elected officials, and when our elected officials operate in any way that is not transparent, it gives Durham a bad name.”

Commissioner says no disrespect intended

At a contentious meeting last week marked by numerous interruptions from the public, Carter said she did not intend to denigrate Davis’ leadership or show disrespect.

“If that was the impact of any of my messages, please know that I did not intend them that way,” she said. “Rather, my intent was to express my concern as relates to some operation of county government: in this case, being my concern related the urgent Durham Public Schools facilities needs.”

Carter said Davis misquoted her in his letter and denied her actions were racially motivated. She also said he should have approached her in a private manner or raised his concerns in a closed session of the board, instead of such a public manner right before elections.

In Davis’ letter, he cites several instances where he felt racist language was used in his presence, including Carter telling the manager that he works for the board, “and when we tell you to do something, you’d better grin and bear it,” and remarking on how an African American woman with a Ph.D. who spoke at a meeting was articulate.

This story was originally published March 2, 2020 at 3:56 PM with the headline "Durham commissioner asks why board discussed racism claim in private, without attorney."