DATE: Tuesday, April 22, 1997               TAG: 9704220364

SECTION: LOCAL                   PAGE: B1   EDITION: NORTH CAROLINA 

SOURCE: BY CATHERINE KOZAK, STAFF WRITER 

DATELINE: MANTEO                            LENGTH:  105 lines

DARE, OFFICIAL SETTLE SUIT OVER PUBLIC INFO, DRUG RAID CASH

The Dare County Board of Commissioners agreed in a closed session Monday to a settlement with Commissioner Shirley Hassell, who sued to force County Manager Terry Wheeler to meet her requests for public information.

The controversial commissioner also demanded in her December 1995 suit an accounting of $16,000 in county funds that were appropriated for an undercover drug raid.

In the consent agreement, the county agreed to furnish copies of numerous documents Hassell requested, including travel records, several contracts, lists of county employees, inventories of county assets, explanations for debt write-offs and names of employees supplied with county fax machines.

The settlement, which is not final until signed by a Superior Court judge, also will allow Hassell to make a motion to limit the county manager's authority to disburse money from county miscellaneous and contingency funds. Not only can she bring the action to the table, she will be guaranteed a second on her motion and a chance to make a 30-minute presentation on the importance of accountability of public expenditures.

``I think that it would be fair to say that perhaps the agreement was reached in the interest of concluding the financial expense to the taxpayers. that are facing the county,'' said Vice Chairman Geneva Perry after the meeting. ``I'm not sure that everybody was happy, but it was probably in the best interests for everyone.''

Perry was a vocal critic of Hassell's suit, saying her point was a costly one for the taxpayers she was claiming to protect. Expenses for outside counsel to represent the county in the legal wranglings ran about $16,000, Perry said, not including county attorney and staff costs. Chairman Robert V. ``Bobby'' Owens Jr. had to leave the nearly all-day commission meeting at mid-afternoon to go to Raleigh and could not be reached for comment.

Advised not to comment until the settlement is finalized, commissioners declined to say who voted for or against the agreement approved on a 4-2 vote. Hassell was not permitted to participate in the closed session.

In a written statement, Hassell also agreed it was good for the county to get the conflict behind it.

``I feel several important issues have been resolved by this settlement,'' she said. ``Specifically, I will receive requested records and such records will now be provided to citizens under the North Carolina law.

``I will also be provided with the opportunity to present a motion which states that the county manager's ability to spend at will from miscellaneous and contingency funds will be subject to the approval of the entire Board of Commissioners.

``The fact that the county manager has the power to spend funds without prior approval provides him with the ability to set policy. The democratic process simply cannot tolerate decisions which are implemented without the knowledge of the full board and without a vote.''

North Carolina law states that public records compiled by government bodies shall be made available to the public free or at minimal cost, and must be furnished as promptly as possible. Policy decisions of local government, on the other hand, are usually considered hands-off by the courts, and are not as clearly addressed by law.

Hassell's attorney, John Morrison, characterized the agreement as an important civic lesson for Dare County.

``A good settlement is, by definition, one in which neither side is satisfied, and I think that applies here,'' Morrison said from his Manteo office. ``I don't think this is frivolous litigation at all. To the contrary, I think it is extremely important that the government make itself accountable for expenses of tax dollars. Most important, is the consent of the governed through discussion, debate and vote.''

Although county officials said in correspondence that they intended to reply to Hassell's requests, the matter came to a head in September 1995, when Wheeler agreed to give $16,000 to the state Alcohol Law Enforcement agency to buy drugs for the countywide undercover ``Season's Greetings'' drug operation.

Hassell said the funds were appropriated without the knowledge or approval of the full Board of Commissioners. She also contended the money was not previously budgeted nor was it spent in compliance with the law. Just days after the Dec. 19 sting, she filed suit against the county.

Hassell, a Democrat, was elected to the board in November of 1994.

In other business Monday, the board:

Agreed with the Planning Board's recommendation to schedule a public hearing on a draft zoning map for Colington Island. The zoning plan incorporates four new tailor-made districts, including provisions allowing crab shedders and existing businesses. Multi-family dwellings in the Pirate's Moor subdivision in Baum Bay Harbor would also be allowed under the plan. The public hearing was tentatively scheduled to be held on May 19 at 7:30 p.m. in the Kill Devil Hills meeting room.

Unanimously approved a motion to extend the county moratorium against adult establishments for one year. Planning Director Ray Sturza told the board the extension will continue to protect the county against undesirable businesses while awaiting enactment of new state legislation that will extend the powers of local governments to regulate land use.

Referred a proposal to draft a countywide noise ordinance to the planning department.

Instructed the planning director to seek further information on conducting a hydrological survey in the county.

Deadlocked on a motion to dissolve the Animal Control Advisory Board. The board agreed an appeals and liaison panel is needed between the board and the animal shelter, but disagreed on a way to make the panel more effective. The matter is expected to be brought before the board for the third time at the next meeting.

Heard about plans to enlarge the Dare campus of the College of the Albemarle in Manteo. The $2 million expansion will include three new classrooms, four offices, a conference room and a tiered seating room, and will create a more campus-like environment, college officials said. The project is projected to break ground by the end of the summer at the earliest.

Agreed to provide $50,000 to the Lost Colony summer drama. County Manager Wheeler said that the state should be able to provide matching funds. KEYWORDS: DRUG RAIDS DRUG ARRESTS LAWSUITS

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