McDaniel withdraws termination appeal

by Kelly Corbett
Wednesday, November 7, 2012

One month after the former New Hanover County Parks, Gardens and Senior Resources Center director filed a termination appeal, the county released a personnel matter update stating the appeal had been withdrawn.

Jim McDaniel, who began working for the county in March 2005, was terminated on Sept. 24, following a paid administrative suspension since Sept. 13. The county released an update of McDaniel’s status on Nov. 1.

A letter written by assistant county manager Tim Burgess, who is temporarily filling the position, was hand-delivered to McDaniel on Sept. 24, regarding pre-dismissal hearing findings and disciplinary action in response to a pre-dismissal hearing held on Thursday, Sept. 20.

“The allegations against you relate to a pattern and practice of creating a work environment that is intimidating, disrespectful, isolative, offensive, undermining, and non-confidential, when confidentiality is required,” Burgess stated in the letter.

Burgess also stated he had found evidence to support all of the claims except that McDaniel was isolative. Evidence included discussions and statements with eyewitnesses and McDaniel’s responses and comments during the pre-dismissal hearing.

“This should not be construed that the work environment was not isolative only that there was not enough evidence to support this allegation,” Burgess stated.

McDaniel was previously disciplined for anger management issues.

The letter also listed personnel policies and procedures, including appeal procedures.

McDaniel’s lawyer, Aileen Wu Viorel of Shipman and Wright, LLP, released a statement about McDaniel’s appeal withdrawal, but said the firm does not have further comment.

“I accept the situation I find myself and I do not wish to continue to put my wife, family and friends through any more emotional stress by continuing through a process which may or may not have an outcome I desire,” McDaniel stated. “I only wish to focus on our future together, but I’m proud of the accomplishment of the last seven years in regards to the Parks, Senior Resources and especially Airlie Gardens. I wish the county well and I appreciate Mr. Coudriet’s time and efforts he has afforded me in this process.”

The county release on Nov. 1 said the county considers the matter closed.

The position is not yet listed on the county website,

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