Abby Cavenaugh

Delreese Simmons seeks compensatory and punitive damages over alleged defamation and interference

MOUNT OLIVE — A newly filed lawsuit by Mount Olive Commissioner Delreese Simmons is drawing renewed scrutiny to longstanding divisions within the town’s leadership, raising competing claims about misconduct and the limits of elected officials’ conduct.

Simmons filed a complaint in Wayne County Superior Court on March 10 alleging misconduct by fellow members of the town’s governing board.

According to the lawsuit, tensions escalated in early 2023 after Simmons says he began questioning financial discrepancies and governance practices. He alleges those concerns were met with resistance that deteriorated into open conflict among board members.

Central to the dispute is a disagreement over whether Simmons was formally censured.

In his complaint, Simmons contends that an initial effort to censure him during a 2024 public meeting failed to pass, and that subsequent claims suggesting otherwise were false and damaging.

However, official town records present a different account. According to meeting minutes from July 1, 2024, the Mount Olive Board of Commissioners adopted a formal resolution of censure against Simmons following a series of allegations regarding his conduct as an elected official. 

The resolution was introduced by former Commissioner Tommy Brown on July 1, 2024 and approved during a recessed meeting on July 2, 2024 by a 3–2 vote.

The resolution cited what board members described as habitual misconduct that created an atmosphere of intimidation and undermined the board’s integrity. Among the allegations outlined in the resolution were claims that Simmons repeatedly attacked fellow commissioners, their spouses, and town employees in person and on social media, including making statements interpreted as threats of termination. The board also alleged that he disclosed privileged information obtained during closed sessions and made public statements accusing the town of racial bias in service delivery.

According to the minutes, he was ordered to immediately stop all personal attacks. As a result of this disciplinary action, the commissioner was restricted from communicating with town employees unless the town manager was present, with exceptions for the town attorney and clerk.

The resolution of censure stated these measures would remain in effect through the end of his term. During those proceedings, Simmons disputed the allegations, stating he was being targeted for his efforts to promote transparency and for criticizing the town attorney on social media. He argued his comments were protected under the First Amendment.

In his lawsuit, Simmons alleges that statements made by board members about the censure were false and defamatory. He also alleges he was falsely accused of conspiring with a former town employee in a scheme to defraud the town. In addition, the lawsuit alleges that a town official improperly disclosed the commissioner’s personal water bill without his consent.

Notably, a state audit in 2005 found that Simmons had nearly a year’s worth of unpaid water bills, totalling $942, and his cutoff fees had been waived nine times in 2024.

Simmons is seeking compensatory and punitive damages, along with injunctive relief, and has requested a jury trial.

Despite the prior disciplinary action, Simmons’ political standing appears to have strengthened. He was reelected in March with 85% of the vote. Following the seating of three new board members, he was elected mayor pro tempore by a 4–1 vote.

Earlier this year, Mayor Jerome Newton assigned him oversight responsibilities for the Mount Olive Municipal Airport and fire services, and, last week Simmons was selected to preside over a special meeting after the board recused the mayor.

The allegations are outlined in a civil complaint and represent Simmons’ claims and have not been proven in court. No findings of liability have been made.

Town officials declined to comment, stating: “I have been advised by the town attorney not to comment as this involves ongoing litigation.”

The Warsaw Board of Commissioners tackled multiple community issues at its March meeting, including the renewal of the town’s garbage contract, the recycling program, and utility billing policies—the discussions were marked by heated debate.

The board discussed the renewal of the town’s garbage collection contract with Tons of Trash, which expires on June 30. The company proposed a standard annual cost-of-living adjustment of roughly 5% tied to the Consumer Price Index, and town manager Lea Turner said the town must notify the company by the end of the month if it intends to rebid the contract.

Recycling was a major topic. Turner noted many recyclables are contaminated with food, wet paper, or plastic lids, making them non-recyclable.

“In my personal opinion, I don’t feel we have enough citizens that are taking advantage of the service,” said Turner. Tensions escalated as residents voiced concerns about missed recycling pickups and the cost of the service. At some point law enforcement had to intervene and the board called for a break.

The board considered whether to remove recycling from the contract or invest in enhanced citizen education. One commissioner cautioned that eliminating recycling could conflict with state and federal landfill reduction mandates.

Utility billing sparked strong debate. The current policy allows residents to carry an unpaid balance for up to two months before service disconnection. Turner said this flexibility often causes confusion, with residents paying one bill thinking they are fully caught up, only to find another bill already issued. She suggested a return to a one-month cycle to simplify billing.

“I just think if we go back to a one-month policy, it would be a lot less confusion and a lot easier for everyone,” said Turner. “You’re making it more difficult for citizens to pay instead of working with them because now they have two bills outstanding, plus a $75 non-payment fee, so I really don’t know that we have done our citizens a service by giving them two outstanding months at one time and another charge.”

Commissioner Ebony Willis-Wells opposed shortening the timeline, noting the grace period helps households, especially those on fixed incomes, avoid undue financial burden.

Another issue raised during the debate involved the number of monthly service disconnections, which the manager estimated typically ranged between 30 and 50 households. Board members asked how those numbers compared to previous years and whether the policy change had improved or worsened the situation.

Mayor Wesley Boykin stressed that the board should rely on historical data and factual analysis before making a major policy change. To gather more input, he recommended staff review the policy further, consult the School of Government, and seek feedback from a small resident focus group. Members agreed utility cutoffs should not fall on federal holidays, a change that could be implemented regardless of other adjustments.

The board voted unanimously to table the utility policy discussion until a later meeting, likely in April, so staff could bring back more detailed recommendations. Members emphasized that they wanted a solution that was both fair to residents and manageable for town staff. The mayor encouraged the public to send comments to the staff if the public wanted to provide input about needs that they would like the board to address during the budget workshop.

Later in the meeting, during board member comments, several commissioners reflected on the broader tone of the meeting and the challenges facing the board. Some members expressed frustration about criticism and speculation circulating in the community and on social media.

Multiple commissioners acknowledged that communication within the board itself needs improvement. One member openly admitted feeling embarrassed by how disagreements have sometimes been handled publicly, emphasizing that while the board members may have strong personalities and passionate views, they all share the same goal of improving the town.

Willis-Wells shared feedback she received from residents who have been trying to sell their home noting that potential buyers expressed concerns about the community’s reputation, citing actions they’ve observed from the board — issues the board is actively working to address.

“As we continue to grow, we want people to want to come to Warsaw, because Warsaw is a beautiful community,” said Willis-Wells.

The mayor’s closing remarks focused heavily on rebuilding trust and improving relationships among officials. He also emphasized the need for adherence to policies, and collaboration among board members and staff.

After final remarks, the board voted to enter a closed session to discuss personnel and legal matters under North Carolina law.

Voters in Duplin County delivered decisive results in local primaries last week, with Eric Southerland leading the Republican race for sheriff. Southerland captured 48% of the vote, emerging as the presumptive next sheriff.

“I am humbled by all of the support and forever grateful for everyone that supported and voted for me,” Southerland told Duplin Journal. With no opponent in the general election, Southerland said he is asking for continued voter support, and pledges to serve all citizens impartially.

Incumbent Dexter Edwards won the Republican primary for District 2 county commissioner with 74% of the vote, setting up a November showdown with unaffiliated candidate Jessica Thomas, who gathered 271 signatures earning her a spot in the November ballot. Thomas expressed gratitude for the community members who helped her circulate petitions.

“I feel good about it,” said Thomas. “I just want a change for our community, however that needs to happen … As a commissioner, you’re only one vote, but making the information accessible to the people matters.”

In the race for clerk of Superior Court, Amy Price secured the nomination with 56% of the vote. At the state legislative level, Republican incumbents maintained commanding leads. Brent Jackson won the N.C. State Senate District 9 primary with 3,868 votes over William Barbour’s 694, while Jimmy Dixon captured N.C. House District 4 with 3,726 votes against Marcella Barbour’s 901.

Duplin County Board of Elections Director Carrie Sullivan, told Duplin Journal the turnout was better for this primary than the county’s 2022 midterm primary, with about 22% of registered voters casting ballots — more than 1,000 additional voters.

“This election showed similar turnout as the 2024 Presidential Primary, which saw 7,033 voters which was 22.32% of the registered voters in the county,” said Sullivan.

The county will certify its results at Friday’s canvass meeting.

In the U.S. Senate Republican primary, Michael Whatley led the field with 59.9% of the vote. He will face incumbent Governor Roy Cooper who dominated the Democratic primary race with 88% of the vote.

Judicial races saw Matt Smith win the Republican N.C. Court of Appeals Judge Seat 1 with 57.7%. In the 3rd Congressional District Democratic primary, Raymond Smith received 52.8% of the vote. For the N.C. Court of Appeals Judge Seat 3, Christine Marie Walczyk secured the nomination with 62.7% of the vote.

KENANSVILLE — During the March meeting of the Duplin County Board of Commissioners, one of the key items focused on a proposed $200,000 loan from the county’s revolving loan fund to support a project by Villari Food Group LLC in Warsaw.

The loan request was presented by Economic Development Director Scotty Summerlin during a public hearing. The funding would help finance a $3.27 million project aimed at improving the company’s wastewater pretreatment system before its discharge enters the Town of Warsaw’s wastewater treatment plant. The project includes two phases: installing upgraded pretreatment equipment and developing a land application system to manage processed wastewater more effectively. The improvements are intended to reduce the burden on the town’s treatment facility and address past challenges with wastewater discharge.

“The project demonstrates the company’s strong desire to address their treatment deficiencies and challenges,” said Summerlin.

He noted that the revolving loan fund has existed for about 40 years and was originally created using Community Development Block Grant funds, meaning local tax dollars were not used to establish it. Loan applications are reviewed by a committee consisting of a county commissioner, a business owner, a certified public accountant and a banking professional. After reviewing Villari’s proposal, the committee recommended approval of the loan under terms including a 10-year repayment period and an interest rate based on the U.S. prime rate of 6.75%, with no deferred payments or early-payment penalties.

During discussion, Summerlin emphasized that the funding would support both repairs and improvements to address existing wastewater issues. Chairman Dexter Edwards, who sits on the committee, said he initially “was very concerned” when the proposal was first presented and wanted to ensure the project would not negatively affect the Town of Warsaw financially.

“I asked a question to make sure it was not going to be a loss of income for the town of Warsaw,” he said. “It does appear to me this is gonna be a benefit to Warsaw. It’s gonna free up some sewer opportunities for Warsaw, and I’m very much believing that this is going to help the citizens of Warsaw, not just Villari.”

Edwards explained that the improvements would reduce solids and other materials entering the treatment system, lowering operational strain and costs for the facility. In addition, the upgrades could free up capacity in the town’s wastewater system, potentially allowing for future growth and development.

Commissioners Jesse Dowe and Wayne Branch raised questions about whether town leaders had been consulted and whether the project could affect Warsaw’s treatment capacity or finances. In response, Summerlin said he was not aware whether Villari had presented the project to the Warsaw Town Board but said he had spoken with the Warsaw town manager.

Summerlin described the project as a way to protect existing employment while supporting long-term economic growth in the community. He explained that expected outcomes of the project include the ability for the company to grow in Duplin County, protect 1,000 existing jobs, and create 75 new jobs.

“Villari cannot grow without the project,” said Summerlin.

Several commissioners expressed that the project appeared to be a “win-win” situation for both the company and the town of Warsaw. They noted that the company had demonstrated a willingness to invest millions of dollars in infrastructure improvements and address environmental concerns. After discussion, the board voted unanimously to approve the loan request, allowing the project to move forward with county support.