STAFF PHOTO BY DOUG RUTTE*
Beached
Gordon Bendall of Yanceyville looks over a dead sea turtle that
washed up on Sunset Beach last week. The turtle had a deep, 12
inch cut in its belly, possibly caused by a boat propeller.
REQUEST FOR CHANGE
Bald Head Island Inlet Area
Subject Of Public Hearing
A public hearing will be held
Tuesday, Aug. 3, on a proposed
change in development standards for
one area on Bald Head Island.
The hearing will begin at 4 p.m.
at the Public Assembly Building in
the Brunswick County Government
Center at Bolivia.
At question is the classification of
property between Bald Head Marina
and Bald Head Creek. It is currently
designated an inlet hazard area of
environmental concern (AEC). Un
der the request pending before the
Coastal Resources Commission, the
designation would be changed to es
luarinc shoreline AEC.
AECs are fragile natural or cultur
al areas designated by the commis
sion as needing special protection
because uncontrolled development
in those areas could permanently da
mage the environment. CAMA per
mits must be obtained for develop
ment projects in an AEC.
Different development standards
apply in each type of AEC. For ex
ample, development in the inlet haz
ard AEC must meet setback require
ments and density restrictions.
Changing the designation to estuar
ine shoreline AEC would eliminate
the setback and density requirements
and establish other standards.
^ Alice Ts *
Breakfast, Lunch & Dinner
' lunch 1
Bring this ad in for 1 0% discount
on any lunch entree
?specials included*
1^ July 29-August 4
Open 7 am-3 pm
Located at the Milliken Shopping Plaza
Hwy. 130, Holden Beach Road ? Shallotte
inn 754-8989 oj
Brunswick County Responds To Federal
Lawsuit From Fired Building Inspector
BY ERIC CARLSON
Brunswick County has responded
to a federal lawsuit by former build
ing inspector John W. "Billy"
Ingram by claiming that he was a
"probationary" employee at the time
of his firing and was therefore not
protected by the county personnel
policy.
The response filed in U.S. District
Court in Wilmington last week as
serts that Ingram was Tired "for not
performing his duties in a satisfacto
ry manner" and denies that there
were no warnings given before his
termination.
It states that county officials acted
"in good faith" and did not violate
any laws or policies in firing Ingram.
Ingram's lawsuit, filed last May,
claims he suffered "mental anguish
and severe emotional distress, hu
miliation and embarrassment, denial
of professional standing and reputa
tion and loss of earnings" because of
the firing.
The county's response says that
Ingram "has failed to mitigate the
damages he claims to have suffered
by failing to obtain other work."
In this latest round of legal wran
gling with fired employees. County
Attorney Michael Ramos has re
tained a Wilmington law firm to aid
in the county's defense of the suit.
"Any time I have a case like this
outside the county, I like to have an
associate from that county," Ramos
said Monday. "Otherwise they can
run you crazy filing motions, espe
cially in federal court. It would be
more expensive for the county if I
had to drive up there every time
something happened."
Ingram filed his action in
Wilmington one day before the third
anniversary of his firing. The coun
ty's response claims he waited too
long and has exceeded the applica
ble statute of limitations. Ii also as
serts that the actions of county offi
cials named in the suit were protect
cd by "sovereign immunity."
While most of Ingram's allega
tions arc denied by the county, both
sides agree that he was hired as the
chief building inspector in October,
1987, on a probationary basis. On
Nov. 13, 1989 he applied for and
was hired in the newly created posi
tion of county pualiasing agent.
The suit claims that David Clegg,
who was then interim county man
ager, fired Ingram with "no notice or
warning" on May 11, 1990, and later
denied him the right to appeal the
termination. It quotes provisions
from the county personnel policy re
quiring "at least three warnings be
fore disciplinary action is taken."
The county's response asserts that
at the time of his firing, Ingram was
still under his six-month probation
personal conduct problem.
Ingram's lawsuit requests a jury
trial and asks that he be reinstated
and awarded back pay, lost benefits,
punitive damages and attorney fees.
It also seeks action against former
county commissioners Gene Pinker
ton, Frankie Rabon, Kelly Holdcn,
Benny Ludlum and Grace Beasley
for allegedly refusing to hear In
gram's appeal.
The current commissioners are al
so named in the suit in their official
capacity. But the county's response
says the current board "had no in
volvement in those actions and arc
not liable" in the action.
Ramos said the county's formal
response docs not indicate an un
willingness to negotiate a settlement
in the case.
ary period in the new position and
was therefore not protected by the
portions of the policy quoted in his
lawsuit.
In an interview after Ingram filed
suit, Clcgg refused to say whether
any disciplinary warnings had been
placed in Ingram's personnel file.
Those files arc not available to the
public.
Ingram was one of six employees
asked to take a lie detector test in a
1989 sheriff's department investiga
tion after S225 was found missing
from a building inspections depart
ment cash box. The polygraph exam
inations were deemed "inconclusive"
and no criminal charges were filed.
In February, 1990, Ingram was
suspended from his position for
what officials at the time called a
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