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KDH: Expert panel cleared police administration
Hoping to settle questions about Chief Gary Britt’s three-month suspension last year, Kill Devil Hills officials waived personnel privacy rules Wednesday night and acknowledged that a state team of experts had investigated the town’s police administration.
Kill Devil Hills called on the risk management division of the North Carolina League of Municipalities for help after the town manager learned in September that a petition from the state District Attorney’s office to remove the chief was “imminent.”
The district attorney never filed the petition, but the town put the chief on non-disciplinary probation while it looked into the matter, KDH officials said in a statement.
While the statement outlined the findings of the investigation, it was not clear what specific allegations had prompted the District Attorney’s involvement.
The panel of law enforcement experts “reviewed all identifiable complaints or issues which were understood to have been contained in the proposed petition,” the statement said.
“Extensive interviews were conducted with Chief Britt as well as each and every employee of the police department, including both sworn officers and administrative staff.”
The panel was made up of Gerald Galloway, retired police chief of Southern Pines; David D. Cashwell, retired director of the Criminal Justice Standards Division of the N.C. Department of Justice; and Thomas M. Moss, retired police chief of Garner. The North Carolina League of Municipalities underwrites insurance policies for cities and towns.
The statement went on to say that “although it appears that some employees had issues with Chief Britt’s management style, there was no evidence identified that indicated anyone was intentionally violating any criminal laws or engaging in any unethical conduct.”
Recommendations were made to improve aspects of his management style, “including improving communication within the police department and clarifying existing policies,” the statement said.
“Based on these findings, and based on Chief Britt’s employment history with the Town, including his capability and willingness to implement and work within the panel’s recommendations and town manager’s direction, Chief Britt was returned to his duties on December 22, 2011.”
Over objections from Commissioners Paul Buske and Bob Woodard, the Board of Commissioners voted 3-2 Wednesday to waive rules protecting the privacy of personnel records in the interest of “maintaining the public confidence in the administration of city services.” The statement was handed out after the meeting.
“Since the initial suspension, and as recently as today (January 25, 2012) numerous media reports have questioned the motives and rationale behind these decisions, and the Town has been contacted by reporters asking why these actions were taken,” Mayor Sheila Davies said in a written request for the exception.
Last week, Superior Court Judge Milton F. Fitch issued an order barring the town from implementing any policy that would prevent police employees from taking complaints outside the town’s administrative chain of command.
The town’s statement said that Fitch had been given inaccurate information, “including the statement that the Town had recently implemented new policies which would limit an employee’s ability to speak out on matters of public concern.”
“At no time has the Town implemented any policy under which anyone is denied the right to speak out on matters of public concern. The Town has filed an appeal with the North Carolina Court of Appeals which addresses this Order, which is a matter of public record.”
Also last week, police officer Andy Ennis filed an affidavit requesting an investigation of whether there is cause to remove or suspend District Attorney Frank Parrish. Ennis contended that Parrish failed to pursue his complaint raising questions about the police chief, including an allegation that his personnel records had been falsified.
“This allegation has been investigated and is simply not true,” the town’s statement said.
Previous stories:
Judge blocks KDH limits on police complaints »
Filing sheds some light on chief’s suspension »
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Concerned citizen says:
To the 3 elected officials that voted to waive rules protecting the privacy of personnel records in the interest of “maintaining the public confidence in the administration of city services……Job well done!
If this would have been done months ago, the tax payers of your town would not have lost confidence in the Chief and Town Manager.
The whole county is/was speculating as to what may or may not have happened within the police department and this article sums it up very nicely.
On the other hand, Buske and woodard voted to keep everything quite and allow people to think the worst of the Town’s administration.
You had a chance to say the Chief was cleared by a professional panel and you wanted to keep it quite?????Seriously?????
What is wrong with you two guys? You are acting like complete idiots and it is time for you two to step down from office as it is clear you are putting the 3-2 voting agenda before what is truly best for this town!
chaser says:
What a joke…If I was a taxpayer in KDH, I would demand an audit!
Debbieobx says:
What a shame! I am not shocked that everything has been passed on the Officers saying what they said was NOT true.KDH town is showing its the good old boy system again!I’m with Chaser….Demand an audit!
Paul Buske says:
Concerned Citizen
Does “confidential personnel records” mean anything to you? This action could open a lawsuit up for the Town if the Chief decides to do so. But I guess you don’t care about that.
And, what does this statement really say? Some in the department did not like his mamagement style.
For the record, I did not vote for the motion because it included his personnel records being open to the public, I had no issue with the statemnet being released. This was clearly stated in the meeting. Opening personnel files to the public is not allowed by State statue (except under extreme situations which this was not) and they did not need to be for this matter to be cleared up. I made the right decision for what was best in the Towns interest. Maybe you should get all your facts straight before calling someone an idiot!
KDH voter says:
To Concerned Citizen – I would hardly say “this article sums it up very nicely.” The article only gives the Town’s side of the issue. We may never know the other side, the police officers’ version, unless there is still more information to come out.
As to your comments about Commissioners Buske & Woodard not doing what is best for the Town…It appears the new majority is putting politics ahead of fiscal responsibility by ousting the Town Attorney before his contract was up, and installing another attorney without knowing what his fees will be! Remember, they campaigned for fiscal responsibility.
Ms Ruebottom even commented on the previous Town Attorney’s “moral standards.” That is neither appropriate nor professional behavior for a public meeting. Who does she think she is?!
The voters in KDH need to pay close attention to the happenings at these Board meetings. Things are not going smoothly.
ekim says:
Cant trust any of the commissioners or the cops. Thats what ill have to tell my kids darn shame!
outerbanker1 says:
i have always said, see what their worth going in and see what their worth is coming out. politics, either power or money. i have heard them say, “i can make a difference”, baloney. some cop or employee has a grief and no one wants to help, that is my take!!!!
Jeff says:
ekim,
To paint all of the commissioners and cops as dishonest based upon what you’ve read here is simply ignorant!
Involved in KDH says:
If readers are truly interested or concerned about current events in the area then they should attend the BOC meetings to see what is really going on.
The financial position of the town regarding the attorney was explained quite well. The contract is still to be negotiated and it will most likely be similar to what Kitty Hawk already has in place. Those fees are already known. Lets not forget that Mr. Merrell was put in place at the request of the previous board since they had issues with the attorney at the time. Deja vu?
The lack of professionalism being shown by a couple at these meetings is absolutely amazing. I really hope the current board will agree to televise the meetings so this gets out to a larger audience!
Kudos to Mayor Davies for trying to get things out in the open. I think it will take some time to clean up the good ole boy network but I see things moving in the right direction already.
Rob Morris says:
Just a reminder: Personal attacks and unfounded speculation will not be posted.
Watchdog Paul says:
What I get from this is that something less then kosher was going on and this is an attempt to quietly make it all go away. Given the parties already involved, I doubt that’s going to happen. Risky business.
Outerbanxer says:
I have no problems with the level of policing that KDH shows on a professional level each and every day.
Is there a contractual reason that Chief Britt cannot be replaced?
obxneighbor says:
The provision in the state statute actually says that if the confidence that the public has in government is effected then the releasing of personnel files is permitted. With all of the media attention along with the responses from the public, if this doesn’t fit a lack of confidence I’m not sure what does. Even one of the commissioners who voted no to releasing the files, said during the open meeting that he congratulated the mayor on her handling of this issue. Also if the big concern was how the Police Chief would deal with this information being released then why didn’t they just ask his opinion. He was in the audience and had already been addressed about another issue as well as being told that this wasn’t personal. He may not have responded but it might have put some concerns to rest. Just a thought.
a concerned citizen says:
It seems many of you are blaming the current board for this problem. They weren’t even elected when this began. Give them some time to clean it up.
Paul Buske says:
Involved in KDH
Let’s get one thing straight, the previous BOC did not hire Steve Michaels, he took the place of Bobby Outten who was hired and moved to the County and became our attorney since he was Bobby’s stand in. I had issues with Steve which are between he and I and I am not going to air on a blog.
I hope when you are talking about professionalism of a few BOC members you include Brandi for challanging Dan Merrells morals in public.
You see things moving in the right direction? Are you kidding? What has the new BOC done other than firing the most qualified attorney the Town could have? There are 2 new Commissioners who hardly ever give their opinion, they just agree with the Mayor. I have tried to work with the new BOC but get no response to communications sent to them except the mayor and one from Brandi. How are things getting better? This BOC is so disfunctional it is amazing.
KDH Homeowner/Resident says:
Does any one realize that the League of Municipalities insures the Town of Kill Devil Hills? Sure, their group of investigators are experts in their field and without a doubt fully capable to complete an investigation. But, in all reality, where does their paycheck come from? Do you really believe the League of Municipalities is going to confess to wrong doing?
Confession of wrong doing would be just like a t-bone accident occuring on Colington & 158. Driver 1, who ran the redlight t-boned Driver 2 turning onto Colington. Driver 1 had Nationwide and Driver 2 had Geico….Nationwide goes and investigates the scene and says….okay, we’re at fault, how much do you want?
How often does that happen? Honestly, how often does it happen that easily?
It doesnt.
Was the team asked to come in and find out whether he was at fault?
An unbiased team needs to investigate. Completely UNBIASED.
KDH Resident Evil says:
There are many paranoid and uninformed comments on this story. My question would be, where would some of you place your trust?
* The League of Municipalities is, historically, no friend of employees no matter how high up the food chain. They sent three independent investigators, they took a look at things, and they determined some things could be done better, but that there was nothing criminal and no grounds to dismiss the police chief on.
* The district attorney, who has prosecuted police officers in the past, received what information he received and declined to take any action based on that information.
* The elected town council has voted to open the personnel records of all involved to public scrutiny.
For there to me a conspiracy, as some here are claiming, would require coordination on a scale unimaginable. The League, the District Attorney, the Town, and the majority of the officers at the police department would have to be in on it. And to what end? To essentially preserve the job of one man? For all the negativity this incident has generated, the easier path would have been quietly dismiss the Chief when this started and then move on.
There are plenty of things worthy of getting worked up over and spending your emotional energy on. This is not one of them.
KDH gal says:
I totally agree with KDH Resident evil’s comments.
I have been appalled by the rush to judgement by so many, with absolutely no facts at hand, and the premature and nasty comments that have been made. But this ‘believe the worst’ rush to judgement seems to be a sad commentary on our society today.
KDH Homeowner/Resident says:
Honesty, not judgment, stings a little.
The big picture is:
There are obvious problems within the KDH PD at the chief’s level. Whether it be managerial skills or wrong doing.
A supervisor’s diplomacy/managerial skills affects the worker’s moral in any work environment. In order for a wheel to turn smoothly, the hub and all spokes need to work harmoniously together….together.
So….how would one go about “quietly” dismissing the chief? Honestly, that’s not even a feasible option.
Take a bite out of crime….help our KDH PD work together harmoniously.
Involved in KDH says:
I definitely see things moving in the correct direction. Apparently so does the majority of the voters in KDH who wanted the change. I actually didn’t mention Steve Michaels – I mentioned Dan who was brought in at the request of the previous board.
KDH Homeowner/Resident says:
To KDH Resident Evil:
“Conspiracy at an unimaginable level.” I’m not sure how much thought you put into that statement. But let’s break it down…
*The League of Municipalities as stated before is bias….they have an interest in the chief’s innocence. Otherwise, their pockets will be exposed. This is not opinion, it is fact. The investigators paycheck is from the League of Municipalities.
*The District Attorney….well, now. Allegations have been brought against him and it’s up to a court of law as to find them factual or bogus. As it stands, his credibility is waivering at this moment.
***Kudos to Andy Ennis and the female attorney for risking all to bring justice**
*The majority of the police officers. First of all, has anyone spoken to the majority of the police officers other than the League of Municipalities…yeah, I didn’t think so. The police department consists of a chief and his indians, so to speak. These indians are very cautious as to what they say or do for fear of retribution from their chief. Just like a momma and her cubs.
Okay, who were the participants involved? Exactly….
Not so far fetched now….is it?
KDH voter says:
To Involved in KDH—
When only 17% of the registered voters in KDH show up at the polls, that can hardly be called “the majority.” Yes, the newcomers did win, but that only took 9%.
I wonder why the other 83% chose not to vote. And I would REALLY like to know how they feel about the way things are going at the Board meetings.
Would some of you who did not vote care to comment?
KDH Resident Evil says:
@KDH Homeowner:
I see. So you find it easier to believe that one person is telling the truth (Ennis) and that dozens of others across three different, unrelated, organizations are working together to organize a cover up, than it is to entertain the notion that maybe the one person is a disgruntled employee?
Well call Mulder and Scully, because apparently we have a new X-File case that needs to be looked into.
I think we have a little process here called “innocent until proven guilty”. In this case, it seems the burden has been placed on the accused party to prove their innocence, which is kind of jacked up, but it’s gotten us to the same outcome, regardless.
KDH Homeowner/Resident says:
“Innocent until proven guilty” is an American judicial term which no one could ever admonish. Hail to our forefathers for this American right.
An earlier article stated that Superior Court Judge Fitch admonished the new town policy which Chief Britt had amended. The new town policy stated that all complaints from KDHPD employees would stop at Chief Britt.
Well now, I believe that that policy stripped the employees of their given rights. In the Land of the Free, does everyone have rights….or just a select few? Equality should be spread along the entire table.
Kathryn says:
It is a misnomer to consider the panel disinterested:
“the panel was made up of Gerald Galloway, retired police chief of Southern Pines; David D. Cashwell, retired director of the Criminal Justice Standards Division of the N.C. Department of Justice; and Thomas M. Moss, retired police chief of Garner. The North Carolina League of Municipalities underwrites insurance policies for cities and towns.”
Is this not the organization that provides liability insurance? Do they not want to prevent their insureds from being successfully sued????
Think about it. this was not an impartial panel by any stretch of the imagination
WBW says:
KDH; Expert panel cleared police administration
a little time goes by and everybody forgets. Dan Merrell was Ray Sturza’s campaign manager when he first ran for mayor. The board waited long enough that folks wouldn’t put two and two together. That’s how he got to be the attorney for kdh in the first place, with a sweet deal that he didn’t have to lift a finger for the town just to get $30,000. He didn’t have to do anything and the money rolled in. How would you like to be able to get thirty grand just to have your name associated with somebody? And Sturza fired Michaels in private not in a meeting. OBX Homeowner says the town and Merrell deserve better, well at least it wasn’t done in secret and I think the town got better – an attorney with class, a high moral standard (yep, said it), ability, experience, knowledge and a great reputation that goes all the way to Raleigh. Woodard kept screaming about the decision to get rid of Merrell was political. What’s political is hiring your crony to a lucrative job. What happened Wednesday night was transparent.
Dysfunctional Paul Buske? The other board members don’t have to explain themselves anymore than you do, or did before they came on when issues were decided before the meeting even started. Why would any of them even want to talk to you or Bob with your behavior. It’s a two way street you know and at the end the guilty dog always barks.
Watchdog Paul says:
WBW you seem to know so much, was the contract between SMOG and the Town maybe expired and simply not renewed? What is the relationship between the candidate chosen and the Mayor, the spouces? Might they all be “friends.” Its a small world in the winter. No problem, plenty good reason to hire him. I’m not knocking Mr. Michaels, to the contrary I believe him to be a fine man. None of them are bad people. The acrimony won’t stop until some people stop the half-truths. If the shoe fits…
To Watchdog Paul says:
What are the half truths you are referring to so we are aware of what you are speaking of?
obxdad says:
Fascinating article in the Sentinel this morning about Judge Tillet, and how his son might be part of this mess.
http://www.womacknewspapers.com/obsentinel/
obxneighbor says:
Looks like the smoke is clearing and the real problems are being exposed. Way to go Sentinel, this info has been available to all news agencies nice to see someone wanted the whole truth out.