In a move anticipated by county officials for weeks, former Martin County Manager James Bennett has filed suit against Martin County, citing breach of contract.
In March Bennett contacted county officials regarding compensation he claimed he earned and was owed to him totaling approximately $21,400.
At that time, the county did not succumb to Bennett’s demands prompting his most recent action.
“Earlier today, the county was served with a lawsuit filed by former County Manager James Bennett. The county is reviewing the claims asserted and will respond through counsel within the time prescribed under the North Carolina Rules of Civil Procedure,” said Interim County Manager and County Attorney Ben Eisner.
The suit claims the Board of Commissioners voted for and approved all salary increases, bringing his yearly compensation to $186,179. Bennett is not only seeking the $21,400 in accrued wages he claims he is owed, but he is seeking another $20,000 in damages.
The dual role may cause a problem for the county as they may need to seek outside counsel for representation as Eisner was serving as Interim County Manager when Bennett requested the back compensation.
This suit could cause more problems for the three commissioners — Ronnie Smith, Emily Biggs and Dempsey Bond — who are also being sued in another action by local citizens. The suit was brought against the commissioners citing open meeting law violations.
That case was to be heard on April 8, however it was postponed when Judge Wayland Sermons Jr. recused himself from the proceedings.
Currently, the commission is under investigation by the SBI and District Attorney Seth Edwards’ office. According to Edwards, in a statement released last week, the investigation is ongoing.
Bennett resigned his position in September 2023 following a contentious Martin County Commissioners meeting where then Chair Smith and Bennett came under fire when it was discovered Smith approved undocumented raises for Bennett. During that meeting, Commissioner Joe Ayers made a motion to terminate Bennett after Smith, Biggs and Bond could not explain Bennett’s salary increases.
During the county’s most recent audit report presented by Madonna Stafford, a partner in the independent certified public accounting firm of Carr, Riggs and Ingram, the county had $382,440 in undocumented raises during that fiscal year.
The investigations by the SBI and District Attorney Seth Edwards’ office are focused on Bennett’s beginning salary in 2021 of $127,000 and in 2023 had increased 32 percent to $186,179.
According to Bennett’s contract, obtained from the Martin County Finance Office, the former manager’s request deals with “accrued vacation and sick leave.”
The contract reads, “In the event the Agreement is not renewed, all compensation, benefits and requirements of the Agreement shall remain in effect until the expiration of the term of the Agreement unless Employee voluntarily resigns.
“In the event that the Employee is terminated the Employee shall be entitled to all compensation including salary, accrued vacation and sick leave, car allowance paid in lump sum plus continuation of all benefits for the remainder of the term of this agreement,” it adds.
The commissioners could not be reached for comment.
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