THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, September 14, 1996 TAG: 9609140523
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY CATHERINE KOZAK, STAFF WRITER
DATELINE: MANTEO LENGTH: 91 lines
In an escalating brouhaha between prominent Dare County politicians, the last laugh may be on the voters who foot the bill.
Almost a year ago, Republican Danny Gray contends, Democrat Bobby Owens invaded his privacy by searching state files to find out why Gray was drawing disability pay from the state.
Owens, the governor's adviser for the eastern part of the state and an incumbent candidate for county commissioner, says he has every right to the information and that Gray doesn't deserve the 100 percent disability salary he's been drawing for almost a decade.
Last week, the Republican candidate for governor, Robin Hayes, and Owens' Republican challenger for commissioner, Steve Sawin, demanded that Gov. James B. Hunt Jr. fire Owens from his $70,000-a-year state job.
District Attorney Frank Parrish, who represents northeastern North Carolina, isn't saying what, if anything, was illegal. But he said Friday he will order an investigator to find out if state laws were broken.
Onlookers from both parties are casting knowing glances at the calendar: 'Tis the season to politick.
County, state and federal elections will be held Nov. 5.
Gray, a former GOP county chairman and a harsh critic of Owens, said the timing might seem convenient for the Republicans - since the problem stemmed from an encounter in November 1995 - but it was Parrish, a Democrat, who dragged his feet to protect a fellow Democrat.
``If anything, I was trying to get the justice that all Americans are allowed,'' Gray said Thursday. ``Honestly, I was trying to go through the D.A. and get this over with without embarrassment to the county. . . . If the D.A had done his job, this would be over with by now.''
Parrish, reached at his Elizabeth City office, disagreed.
``I have never heard such utter and unmitigated nonsense,'' Parrish said. ``I have made no, absolutely no, inquiry into the political affiliation of any person accused of a crime.''
The district attorney said such a minor matter probably doesn't belong in his office in the first place.
``It is worth noting,'' Parrish said, ``that Mr. Gray could have gone to a Dare County magistrate and sought process there if it is indeed a crime. We're talking about a Class 3 misdemeanor here - the lowest category of misdemeanor known to God or man.''
In fact, Owens' culpability for looking into Gray's personnel records - the flashpoint of the issue - may be less than Gray repeatedly has proclaimed in an ongoing debate in the Elizabeth City Daily Advance.
The information Owens obtained after making a request to the State Ferry Division, Gray's employer for 10 years, included dates when he began and left his job (3/16/76 to 12/31/86); that he was placed on ``long-term disability retirement'' in 1987; and that he never received worker's compensation. Such information about state employees is open to the public, state personnel representatives said Friday.
The amount of his monthly disability check is also public record, although it could not be obtained Friday due to hurricane-caused problems in state offices in Raleigh. Gray told the Advance he is paid $813 monthly.
It could not be verified whether the statement that Gray's disability was not job-related is public information.
``The only thing that would not be public is medical documentation - said Jo Ann Tart, benefit's counselor for the state Retirement System.
Marshall Barnes, assistant director of the Retirement System's Division, said the information about worker's compensation that Owens' received about Gray was public.
Monica Morris, the personnel assistant for the state Department of Transportation, under which the ferry division operates, said information stating that a state employee is or is not on worker's compensation is public record.
The director of the Office of State Personnel, Lon Penny, said each state government agency decides how its personnel files are handled. His office oversees the state's personnel offices. Penny said the agency director has certain discretionary rights to obtain and release information in the files, under the guidelines of state statutes.
``Our canons of ethics is we treat everybody's information with respect,'' he said, adding he seldom has heard of any violations.
Owens said he heard for the first time three weeks ago of Gray's accusation. He denies reports that he admitted to using confidential information to intimidate Gray.
``I never admitted any such thing. I vigorously deny it,'' he said. ``I'll stand any investigation. I know what I've done and I know what I haven't done. I think the public has the right to know about the expenditures of their money.''
``It is beyond me to understand how a person like Danny Gray can condemn spending in county, state or federal government, running down its officials, when his total income is derived off the government dole. I am confused.''
Gray, who said he suffers from chronic back pain that developed ``over time,'' insisted that he just wants law enforcement officials to do their duty.
``The bottom line is my rights have been violated. My personnel file has been looked into.'' by CNB