Fired Clerk Files Federal
Discrimination Suit Against County
BY ERIC CARLSON
Two months after she notified the Brunswick County
Commissioners of her intention to sue them in state
court, former clerk to the board Rcgina Alexander has
instead filed a federal discrimination suit against the
counly, its new board members and the commissioners
who voted to fire her.
The suit, filed in U.S. District Court in Wilmington,
alleges that former County Commissioners Chairman
Kelly Holden and commissioners Donald Shaw and
Jerry Jones, who arc all Republicans, got rid of
Alexander bccause she is black and a Democrat. In June,
1991, the three formed the majority in a 3-to-2 vote to
rcpiacc ncr.
Current Chairman Don Warren and commissioners
Tom Rabon and Wayland Verccn arc named in the suit
in their official capacities "solely to obtain complete eq
uitable relief." Former commissioners Gene Pinkerton
and Frankic Rabon, who were included in Alexander's
original draft lawsuit, were not named in the federal ac
tion.
Alexander's suit claims that in firing her, Holden,
Shaw and Jones acted in "reckless disregard of her con
stitutional rights, including her right to assemble, her
right to free spccch, her right to equal protection under
the law and her right to be free of racial discrimination.
As a result, the suit claims Alexander was deprived of
wages and benefits and suffered "emotional distress,
embarrassment, humiliation, anxiety and damage to rep
utation."
The suit asks that she be reinstated to her position and
recover her lost wages with interest along with unspeci
fied compensatory and punitive damages.
Holden said Tuesday he has no commcnt on the suit,
adding that he stands by comments he made about the
allegations after receiving a copy of Alexander's draft
suit a week before the new board of commissioners took
office.
"1 categorically deny the racial and political charges
and the claim the we violated anyone's civil rights. I
hate and despise that," Holden said after learning of
Alexander's intentions.
Holden said at the time that Alexander was one of
more than 20 county employees whose positions were
eliminated during a reduction in force implemented "to
help balance the budget." He noted that under state law,
the clerk to the board is an appointed position, serving at
the pleasure of the board, and can be replaced without
cause.
In that earlier statement, Holden also said that
Alexander's replacement. Commissioners Clerk Kelly
(See ALEXANDER, Page 2-A)
TH
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^Thirty-First Year, Number 12 OiffJ THE MUNSWtCK MACON Shollotte, North Carolina, Thursday, February-Sri 993 50? Per Copy 34 Pages, 3 Sections, 2 Inserts 1
Commisioners Critical Of Deeds
Salaries, Permitting Procedures
BY ERIC CARLSON
Brunswick Commissioners took turns criticiz
ing county departments Monday night, question
ing recent salary increases by the register of deeds
and blaming the county engineer for difficulties
in obtaining a building permit.
Commissioners Jerry Jones and Donald Shaw
questioned Register of Deeds Robert Robinson's
actions in ignoring the former board's salary rec
ommendations and choosing instead to adopt his
own pay hikes.
Commissioner Wayland Vereen claimed he
had heard complaints from citizens who said they
had to return to the engineering department "four
or five times" to get a building permit.
Near the end of the board's brief 25-minute
meeting, Jones recalled that the sheriffs and reg
ister of deeds departments had declined to partici
pate in an independent study of county salaries
conducted last fall. The board approved the raises
recommended in the study, then asked the county
personnel director to do an in-housc study of the
other two departments.
"We voted to approve a salary schedule that
was supposed to be adopted by both those depart
ments," Jones said. "The sheriff adopted the
salaries, but the register of deeds brought in his
own salary schedule and it got approved. How did
that happen?"
County Manager David Clegg said that as
elected officials, Robinson and Sheriff John Carr
Davis are allowed to set salaries at any level they
choose, as long as they stay within ihe budgets
authorized by the commissioners.
"The register of deeds has sufficient funds to
raise salaries to those levels through this fiscal
year," Clegg said.
However, he said, unless something changes in
the register of deeds budget, the salary increases
would likely lead to a hike in Robinson's spend
ing request for the next fiscal year.
"Are we going to approve his increases or are
those people going to have to take a pay cut?"
Jones asked rhetorically in an interview after the
meeting.
Shaw noted that the sheriff went along with the
personnel department's recommendations and im
plemented the suggested raises for most of its em
ployees. He said Robinson should have done the
same.
"It's not fair to everyone else, having one per
son off doing his own thing," said Shaw.
According to figures obtained from County
Personnel Officer Starrie Grissetl, the salary in
creases implemented by Robinson amount to less
than 55,000 more than the total of those recom
mended in her study of salary levels.
The six highest-paid employees on Robinson's
staff made out the best, receiving between SI,192
and SI,344 more of a raise than was recommend
ed by Grissetl. The other five workers got less
than they would have if the county study had
been implemented. Seven employees received a
SI ,750 raise in annual salary while two got an ad
ditional $2,322 and one saw no pay increase.
Robinson said Tuesday that he decided on an
across-the-board SI,750 increase by determining
that it would take that amount to bring his entry
level salaries into line with state averages. Other
employees were given the same increase, al
though two received additional raises due to built
in longevity increases.
He said he was not allowed to divulge why one
employee received no pay hike, saying it was a
personnel matter.
Robinson did not request, nor did he receive,
an increase in his own pay. At an annual salary of
(Set? ADVERTISING, Page 2-A)
COMMITTEE STUDY SAYS
Most Holden Rentals Claim Extra Bedrooms
BY DOUG RUTTER
Most Holden Beach homes listed in rental
brochures claim to offer more sleeping capacity
than their septic systems are designed to handle,
according to a town study.
Two-thirds of the advertisements for vacation
rentals in 1993 brochures published by island
agencies say they have more bedrooms than per
mitted by the county health department.
The revealing wastewater management com
mittee report released Monday says that 501 of
the 743 units researched (67.4 percent) advertise
excess sleeping capacity.
Based on the state health department guideline
of two people per bedroom, the average excess
capacity listed in the brochures is 3.27 people per
house, according to the study.
Of the 501 "problem" units, 256 (51 percent)
claim capacity for two or three extra people.
Another 129 (26 percent) list excess room for
four or five and 70 (14 percent) claim space for
six or more.
Commissioner Sid Swarts, who chairs the
wastewater committee, released the figures at
Monday night's town meeting. Town officials
and rental agents debated their accuracy and mer
its at length.
To produce the report. Swans said the number
of bedrooms advertised in the new rental
brochures was cross-referenced with the septic
system permit records for each rental unit.
"I don't think the report's as bad as everyone
thought it would be," said Commissioner Gay
Atkins, an employee at Coastal Development and
Realty.
Twenty-one of that firm's 33 rental units were
advertised as having more sleeping capacity than
their health department permits allow, according
to the report.
Atkins said stuffing six or more extra people
into a rental unit is wrong, but she said she
doesn't think two or three extra renters in a house
is "exorbitant"
ii
We need to do
something rather than sit
here and pretend that the
Tooth Fairy's going to
come along and make
things happen the way
they're supposed to
?Commissioner Jim Fournier
Commissioner David Sandifer, another real es
tate agent, agreed. He said most homeowners
don't perceive two or three extra people in a va
cation house as overcrowded. '"Hie people that
rent these don't see a problem."
Sandifer's company, Holden Beach Rental
Services, had the best showing of the six compa
nies studied. Fifty-eight of its 98 rental units were
advertised as having capacity for more than two
people per bedroom.
Sandifer said just because a cottage is adver
tised to sleep 10 people doesn't mean it is rented
to 10 people every week. He said it would be hard
to talk owners into reducing their advertised ca
pacity to two people per room.
In the past year, town officials have investigat
ed several ways of reducing overcrowding of
rental homes, which is seen as a public nuisance
and a threat to the environment.
Instead of more government regulation. Mayor
Pro Tem Gil Bass suggested Monday that the
town send letters to everyone who rents their
home encouraging them not to overcrowd.
"Most of our people believe in self-govern
ment," Bass said. "I'm not sure everybody who
rents realizes what we arc trying to do. It's our
job to educate them."
Commissioner Jim Foumicr said the town has
discussed overcrowding for years but hasn't done
anything about it.
'This to me clearly indicates we need some
thing. We're not getting anywhere from talking,"
Foumier said. "1 would suggest it's time to quit
talking and do something for the town of Holdcn
Beach."
"We need to do something rather than sit here
and pretend that the Tooth Fairy's going to come
along and make things happen the way they're
supposed to." Fournier said. "There ain't no
Tooth Fairy folks."
Swarts agreed, adding that there has been plen
ty of publicity about the town's effort to reduce
overcrowding. "It's sort of like AIDS. If they
don't know what's causing it by now they must
have had their head in a hole."
Sanditer and other rental agents explained that
agents list the sleeping capacity specified by the
homeowner. Sandifer said one owner threatened
to change agents if he didn't list the sleeping ca
pacity he requested.
Other rental agents attending Monday's meet
ing reponed similar incidents. They also said the
report wasn't as bad as they had expected.
Kerry Craig of Brunswickland Realty said a
"valiant effort" was made last fall to get home
owners to reduce the advertised capacity of their
rental units.
Alan Holden, who owns the island's largest
rental agency, said several owners he represents
reduced the advertised capacity in this year's
brochure. He said homeowners are trying to go in
the right direction.
Mayor Wally Ausley said he thinks real estate
agents are making an effort to reduce overcrowd
ing. He thinks discussion of the problem over the
past year has raised awareness in the community.
Swarts said the study probably isn't 100 pcr
(See ADVERTISING, Page 2-A)
Inside...
Birthdays JtB
Business News ...12B
Calendar of Events 7B
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Classified 1-7C
Court Docket IOC
Crime Report 6A
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Opinion ?........4-5 A
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Chamber Lawsuit Voluntarily Dropped
BY SUSAN USIIER
A former South Brunswick
Islands Chamber of Commerce ex
ecutive has voluntarily dismissed
charges of sexual harassment and
discrimination filed against the
chamber and two of its directors last
September.
The suit filed by Hollis "Holly"
B. Richards in Brunswick County
Superior Court last Sept. 3 was dis
missed voluntarily Feb. 1. Named as
defendants were the chamber and
two of its directors, Terry Bar bee
and Annette Odom.
Her suit was dismissed "without
prejudice," which gives Richards the
option of refiling the suit within a
year.
Those terms also mean, said
Michael R. Greeson Jr., the Wins
ton-Salcm attorney who represents
Odom and Barbee, that the court al
so may still hear his defendants' re
quest for sanctions against Richards.
"We have always felt the suit was
frivolous," he said, "and 1 am talk
ing to my clients about pursuing
sanctions."
Robert Lawing, another Winston
Salem attorney who represents the
chamber, did not return a call to his
office Tuesday.
Richards, who served as execu
tive vice president of the chamber
from July 15, 1991, until her dis
missal on April 17, 1992, claimed in
a 20-page complaint that she had
been fired "on account of her sex."
She had sought compensatory dam
ages and punitive damages of more
than SIO.OOO each from ihc defen
dants.
After Richards' suit was filed, the
chamber in late September withdrew
its appeal of a decision by the
Employment Security Commission
to award her unemployment bene
fits.
In October Richards filed a com
plaint with the Equal Employment
Opportunity Commission, claiming
her rights had been violated under
Title Vll of the Civil Rights Act as it
applies to retaliation. Among its oth
er terms. Title VII prohibits retalia
tion against a person for opposing an
unlawful employment practice such
as sexual discrimination.
Richards' attorney, William Shell
of Wilmington, could not be reached
for comment.
Im
STAFF rMOTO BY MIC CAHLSON
DETECTIVE Gene Caison shows the blood-stained spot where
a 28-year-old Tabor City man fell after he was fatally shot at a
roadside lounge in Ash Saturday night.
Shallotte Men Are
Sought After Fatal
Shooting In Ash j
BY KRIC CARLSON
Police throughout the South remained on alert Tuesday for two
Shallouc men who fled the county in a tractor truck after one of them
allegedly shot a Tabor City man to death at an Ash tavern Saturday
night.
The two men, both former commercial truck drivers, are believed
to be headed southwest, possibly toward Texas. The two-tone green
tractor in which they escaped was found at a truck stop off Interstate
| 95 near Florence, S.C, Sunday afternoon. Police think they may have
hitched a ride with another trucker.
David Dwain Gilley, 24, of Route 7 is wanted on a murder charge,
while Leonard Wayne Faircloth, 39, of Route 3 is
being sought as an accessory after the fact to mur
der, according to investigating Detective Gene
Caison of the Brunswick County Sheriffs
Department.
Gilley is accused of killing Juan Perfccto
Hernandez, 28, by shooting him once in the chest
with a .380-caliber semiautomatic pistol.
The shooting is believed to have been the result
of a fight over a woman, Caison
said. Gilley and Faircloth had
been drinking and playing pool gilley
at the Junction Lounge on N.C. 130, about two
miles cast of the Columbus County line. With them
was Timothy Fulwood, 21, of Route 7 Shallotte,
Caison said.
According to witnesses, Gilley said something
to a woman at the bar that angered Hernandez, who
was there with his wife and several friends, Caison
1 said.
faircloth "Hc (Gilley) either said something to her or put
his arm around her," Caison said.
Hernandez and Gilley got into an argument and eventually started
wrestling. One of the witnesses reported seeing "something shiny" in
Gilley's hand and heard a loud "bang," Caison said. Hernandez's
friends wrestled Gilley out the back door and removed the gun from
his hand. Meanwhile, Hernandez stumbled outside and collapsed in the
front parking lot, bleeding heavily from a wound in his chest.
In her statement to Deputy Charles Wilson, the victim's wife,
Sylvia Smith Hernandez, said she and her husband were playing pool
when Gilley approached him from behind and rcachcd around his neck
with his left hand. She said Gilley was holding a pistol to Hernandez's
head with his right hand.
She said she grabbed at the pistol, giving Hernandez time to break
free, Wilson's crime report states. The two men began fighting, she
said. Then Gilley reportedly stepped back, pulled the gun from an in
side jacket pocket and fired once into Hernandez's chest.
The report says one of the victim's friends grabbed the pistol,
while others put Hernandez into the back of a pickup truck and drove
him to The Brunswick Hospital. Police were notified by the victim's
wife, who called from the hospital.
Hernandez was pronounced dead on arrival, Caison said. A .380
caliber pistol, believed to be the murder weapon, was recovered from a
(See ASH SHOOTING, Page 2-A)