Suit against Dunsmore continues
By John Joyce
Published in News on March 10, 2016 1:46 PM
A defamation suit naming Dr. Michael Dunsmore, Wayne County Public Schools superintendent, will go forward after a motion to dismiss by Dunsmore's attorney was denied in Martin County Civil Superior Court in January.
Dunsmore is the subject of a civil lawsuit filed by a former employee of the Tyrrell County school system, where he served prior to coming to Wayne County. The suit alleges Dunsmore publicly accused the employee of embezzling more than $3,000.
Dunsmore served as Tyrrell County Board Of Education superintendent from 2009 to 2015. During that time, according to the suit, Dunsmore and the school board suspended an employee, Brenda Wynn, under suspicion of financial improprieties. The school board has since been dropped from the suit after a motion to dismiss the case against the board was granted at the same time Dunsmore's motion was denied.
Dunsmore responded via email regarding questions surrounding the allegations made against -- and those made by -- Ms. Wynn.
"As a superintendent, I expect every employee to maintain the highest level of integrity in the management of school funds. While I can confirm that I did initiate an investigation at Tyrrell County Schools for possible misappropriations of school funds, personnel privacy laws prohibit me from discussing any further details as the SBI investigation is ongoing."
The Tyrrell County Board of Education's attorney of record, Richard Schwartz, said neither he nor his client would be able to comment on the matter.
Ms. Wynn, the bookkeeper/health benefits specialist for the Tyrrell County Board of Education from 1994 to 2014, is the subject of an ongoing criminal investigation, law enforcement officials said. But she denies the accusations, and charges have not yet been filed in the matter.
"We did the initial report and then turned it over to (the N.C. State Bureau of Investigation)," Tyrrell County Sheriff Darryl Liverman said. "Nobody has been formally charged to date, but the investigation has been turned over."
Agent Shannon O'Toole, public information officer for the N.C. State Bureau of Investigations, confirmed the SBI is conducting an investigation, but said he could not go into detail on the matter. All he could confirm were the key dates and the names of the parties involved in the investigation.
"On Feb. 19, 2015, the (Tyrrell County) sheriffs office requested our full investigative assistance," O'Toole said. "The initial allegation was embezzlement of finances of the school board. The focus of the allegation is Brenda Wynn."
In her complaint against the school board and Dunsmore, Ms. Wynn's attorney Joseph H. Nanney Jr., said the charges against his client are "trumped-up" and false.
The civil suit, filed in Tyrrell County Civil Superior Court on July 13, 2015, accuses both the Tyrrell County Board of Education and Dunsmore of publicly defaming Ms. Wynn, causing her to resign her position of more than 21 years and preventing her from finding employment after the fact. She is seeking an amount greater than $25,000 for both actual damages -- compensation for money lost due to her leaving her job and her inability to find other employment thereafter -- and punitive damages for harm done by the accusations.
According to the documents filed in court, Ms. Wynn went to work for the school board in October 1992 as a media assistant for Columbia High School. She transferred to the central office in 1993. In 1994, Ms. Wynn took over the duties of the retiring bookkeeper/health benefits specialist, and she remained in that position until July 2014, when she was transferred to Tyrrell Elementary School. The following month Ms. Wynn was suspended with pay from her duties with the Tyrrell County Public Schools, according to the lawsuit.
The only reason Ms. Wynn was given at the time of her suspension, according to the lawsuit, was "payroll discrepancies."
She requested documentation of the allegations against her, but claims she was denied.
Two weeks later Ms. Wynn was contacted by Dunsmore to arrange a meeting to discuss the allegations. She informed Dunsmore she had retained an attorney and that he would have to speak to that attorney. The suit alleges that the next day, Ms. Wynn's status was changed from "suspended with pay" to "suspended without pay."
On Aug. 25, 2014, Dunsmore notified Ms. Wynn by mail that he intended to turn over documents to the Tyrrell County Sheriff's Office, and informed her of her right to seek judicial review.
Ms. Wynn responded by asking to see the documents, but was denied, according to the lawsuit.
Through her attorney, Ms. Wynn then scheduled a meeting with Dunsmore, which he kept until one hour prior, at which time he canceled the meeting, the suit said.
On Aug. 26, Ms. Wynn received another letter from Dunsmore claiming that she owed the school system $3,353.49 for alleged misappropriation.
The allegation stated the money was for dental insurance, which Ms. Wynn stated she had not had since 2005.
On Sept. 3, during a teleconference with Dunsmore, Ms. Wynn asked for an explanation of the charges against her, but was denied, the suit said.
The saga went on unresolved, resulting in Ms. Wynn filing the suit in July of last year.
In November 2015, both the school board and Dunsmore filed motions in Martin County Civil Superior Court to dismiss the suit due to "failure to state a claim upon which relief can be granted." Dunsmore's motion to dismiss also cited a lack of jurisdiction over the subject matter and over the person pursuant to Rules 12(B)(1)(2) and (6) of the N.C. Rules of Civil Procedure.
On Jan. 28, 2016, the school board's motion to dismiss was granted, but with prejudice. Dunsmore's motion was denied.
Dunsmore, through his attorney, Jennifer B. Malik, has since answered the suit against him, denying each individual claim. The only facts admitted to in the answer are those cited in paragraph three of the complaint, which states that Ms. Wynn is a citizen and resident of Tyrrell County, and in paragraph 24 of the complaint, which states that her status was changed from suspended with pay to suspended without pay.
The additional portion in paragraph 24 of the complaint citing that Ms. Wynn was left with no income as a result of the change in status of her suspension to unpaid was neither admitted nor denied.
Dunsmore's attorney also filed a set of inquires and a request for documents from Ms. Wynn, who in turn filed a request for more time to answer them. That request has been granted. Her response is due to the Tyrrell County Civil Superior Court by April 2.
Dunsmore said in his email the allegations traded between he and Ms. Wynn had nothing to do with his departure from Tyrrell County Schools.
"I had a very positive experience as superintendent of Tyrrell County Schools and had a good working relationship with the Board of Education. After six years in my position, I felt that it was time to seek new challenges and opportunities to improve myself professionally.
"My board chair was fully aware that I was seeking employment with other school districts at the time of its vote. Interestingly, I applied to Wayne County Public Schools in 2013, the first time Dr. Steven Taylor announced he was going to retire. My board chair was aware then that I was considering employment outside of Tyrrell County Schools."
Criminal charges against Ms. Wynn might still be filed, pending the outcome of the SBI investigation.
"Typically with financial cases, we go back regardless of what we might be handed by another agency, and start from scratch," O'Toole said.
"We haven't delivered that report to the district attorney yet, but when the agent completes that report we will deliver that file to the D.A., and they would make that determination," he said.
The D.A. could decide there were policy violations, criminal violations or no violations, O'Toole added.
"But again, so far no charges have been filed."