The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Saturday, January 6, 1996              TAG: 9601060254
SECTION: LOCAL                    PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY LANE DEGREGORY, STAFF WRITER 
                                             LENGTH: Medium:   75 lines

TOP ENFORCEMENT OFFICER FOR FISHERIES DEPARTMENT REFUSES TO LEAVE HIS JOB FRED SWAIN WAS TOLD HE HAD TO QUIT OR BE FIRED FROM HIS POSITION.

North Carolina's top fisheries law enforcement officer said Friday he does not plan to give up his job.

Shortly before Christmas, Division of Marine Fisheries Director Bruce Freeman told Chief Law Enforcement Officer Fred Swain that by the end of January he had to quit or be fired from his $55,000-a-year position.

On Friday, Swain said he still has not received any written communications from Freeman about what he did wrong.

State law requires that before an employee can be fired for poor performance, his supervisor must submit at least two written warnings.

Freeman gave Swain a positive job evaluation with an overall summary rating of ``very good'' on June 13, Swain said. Freeman did not return telephone calls Friday.

``I plan to stay,'' said Swain, 50, who has worked for the state's fisheries division for 30 years. ``I don't have any intentions of retiring.''

Swain is one of five top state fisheries officials whose job has been threatened or changed in the past month. Although the Marine Fisheries Commission's Moratorium Steering Committee is funding a $50,000 consultant study on reorganization within the Division of Marine Fisheries and the commission, which won't be finished until May, Freeman has begun moving people and positions around himself.

In an interview last month, Freeman indicated that further changes within the Division of Marine Fisheries will follow shortly.

Sources say morale among employees is at an all-time low as fisheries workers fear for their jobs - and their bosses' jobs.

Former Chief of Fisheries Management Fentress ``Red'' Munden, for example, was removed from that position late last month when Freeman told him to oversee the preparation of fisheries management plans instead of leading the entire section.

``To my knowledge, I don't have a title right now,'' Munden said Friday.

``It was very much a surprise to me. Before, I spent 10 to 20 percent of my time on management plans. Now, that's all I'll do,'' said Munden. ``This is a major change in my duties.''

Jess Hawkins, who was the district manager for Pamlico area fisheries management, took over Munden's old title - and the number 2 spot in the division - Jan. 1. On Friday, he said the top-level management post is ``only a temporary position. It's pending the decision about the deputy director's position,'' Hawkins said. He refused to confirm or deny reports that he had applied for that new deputy director's position.

Judy Powell, who was the fisheries division's assistant director for administration - overseeing budget and personnel - is now ``in charge of facility maintenance and the state licensing unit,'' said Nancy Fish, Division of Marine Fisheries spokesperson. Powell was out of her office Friday and was unavailable for comment.

Suzanne Guthrie, who formerly was Powell's assistant, now oversees budget and personnel for the fisheries division. ``I'm doing exactly what I was doing before,'' Guthrie said. ``Only now, I report directly to the director.''

Changes in positions did not include changes in employees' salaries, Guthrie said.

The newest position in the fisheries division, the deputy director, will carry an annual salary between $38,928 and $65,192, Fish said. As of the Dec. 15 deadline, 24 people had applied for that position. Fish said the list of applicants was not public information, and refused to confirm or deny any possible candidates.

According to the state's job description, the deputy director will oversee the budget, review proposed rule changes, supervise all section chiefs, review performances, oversee personnel management, administer salaries and grievances, and act as the director when the director is absent.

``The director is still looking through the resumes,'' said Fish. ``There hasn't been an interview team set up yet. And it'll be at least a month before they even begin interviewing candidates for that deputy director position.'' by CNB