Monday, May 1, 2023

Members of the Durham Board of County Commissioners settle lawsuit filed by former Durham County Manager Wendell Davis

COMMENTARY - Members of the Durham Board of County Commissioners vote to settle a false termination lawsuit filed by former Durham County Manager Wendell Davis.

Commissioners Brenda Howerton, Nimasheenda Burns and Wendy Jacobs agree to settle while Heidi Carter opposed not taking the case to trial. Commissioner Nida Allam failed to vote due to her absence.

On May 13, 2021, commissioners passed the motion to let Davis’s contract expire in a 3-2 vote. The vote followed a dysfunctional relationship between Davis and white members of the board.

Davis wrote a letter alleging a “pattern of racist behavior” against Commissioner Heidi Carter in February 2020. The complaint claimed incidents of racism and microaggressions toward him and other Black Durham County employees.

“You work for the board. When we tell you to do something, you better grin and bear it,” Davis claims Carter once told him.

Carter accused Davis of fabricating his claim of racism to influence the outcome of the election. Proponents of increased spending for public education rallied in support of not extending Davis’s contract, while supporters of Davis called for equity and inclusion training to improve race relations.

The vote to settle ends what could have cost the county more in legal fees with a strong possibility of losing the case. It’s not an admission of wrongdoing. It puts an end to a chaotic period in recent Durham history.

Members of the board fought. Brenda Howerton replaced Wendy Jacobs as chair of the board. The leadership change helped heal wounds caused by the decision not to extend the managers contract. It is a crucial step among other courage steps by members of the board.

The board announced the appointment of Dr. Kimberly J. Sowell as the new County Manager on February 28, 2022. A year later, her faith in the best of Durham helps us forget the worst of Durham.

In settling this lawsuit, the commissioners help us move forward with a will to transcend the mistakes and misperceptions before and after Davis’s last day as county manager.

Lawsuits are given to prove right and wrong. When it comes to matters related to race, it’s impossible to resolve why Black men and women are treated with disdain. Some Black people believe white members of the board of commissioner allowed their bias to impact a crucial decision. Some white people believe Davis deserved to be replaced for reasons beyond the color of his skin.

Letting it go is the beginning of healing. Forfeiting the desire to be proven right makes it possible for people to hear and nurture the hearts of people on the other side of an assumed legitimate opinion.

The commissioners voted to end the madness.

Let’s not call it a mistake.

Let’s call it a lesson learned.

Let’s learn from that lesson.