Mount Olive commissioner files lawsuit alleging board misconduct

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.”