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Judge dismisses complaints against chief, KDH
A Superior Court judge has dismissed all of the complaints filed by four current and former police officers against Kill Devil Hills and three of its top officials.
The officers had complained about personnel irregularities, touching off a series of court actions, the non-disciplinary suspension of Chief Gary Britt and a public controversy over the management of the police department.
Three of the officers have left the department and the fourth was moved to animal control.
Visiting Superior Court Judge Henry W. Hight Jr. dismissed the complaints contained in a civil suit, but his order explaining his decision has not yet been filed.
When contacted by the Voice, Dan Hartzog, who is representing the Town of Kill Devil Hills in the matter, and Dennis Rose, the attorney for the plaintiffs, said they did not want to comment until Hight’s order is filed.
Named in the suit were the town, Town Manager Debora Diaz, Assistant Town Manager Shawn Murphy and Britt.
Andrew Ennis, Joseph Knight, David Shane Allen and Robert Booth had previously filed complaints with Superior Court Judge Jerry Tillett alleging wrongful termination, alteration of personnel files, favoritism and assignment of quotas. The same assertions were also the basis of their civil suit.
Booth was previously terminated from the department, and Allen was allowed to resign after the department originally informed him he was to be fired.
Ennis and Knight were suspended May 29 after Britt filed a complaint that they were interfering with his administration of the police department.
Following an internal investigation, the town held a disciplinary meeting that resulted in Knight’s termination. Ennis was transferred to animal control.
Britt was put on non-disciplinary suspension last October after the town received word that District Attorney Frank Parrish intended to file a petition to have him removed. Parrish’s petition outlined points similar to those in complaints filed with Tillett by the four officers.
The town conducted an internal investigation in conjunction with the North Carolina League of Municipalities, its insurance underwriter. It concluded the Britt was involved in no intentional wrongdoing but needed to work on his management skills.
Parrish never filed the petition, and Britt returned to his job in December.
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Frank Moore says:
No surprise !! Bitt did “no intentional wrongdoing but need(s) to work on his management skills”. After reading Britts ego post several weeks ago I am surprised that he is not teaching management classes rather than using his b—s— management skills. Chapter closed and a sad day for KDH. The goodguys don’t always win =-( We must now sadly move on.
Marjorie says:
It appears that the officers who put their lives on the line everyday for the citizens of Dare County have no recourse available to them when their rights have been violated. This is a total miscarriage of justice!
Obviously says:
Yes Frank, move on.
Frank Moore says:
I don’t usually take the defeatist attitude but it pains me to see how one man can cause so much pain and ruin lives thru his ego (mis)management style as noted in the investigation and remain in a position of trust and power. The town leaders(?) have bowed at this mans feet so long they do not know how to stand up and see what they are allowing to happen to our wonderful community. We now have three fired police officers and one demoted poice officer at the worst time of the year taken off our streets. On top of this Britt has allowed a “favorite” to take a higher paying parttime job somewhere and will let him come back when he apparently wants to. Britt’s attitude of “my way or the highway” is the attitude of a person who is on a personal power trip and he apparently has an ego that nothing can contain. This is all very sad. I only wish that our leaders(?) would wake up and realize they are the ones being managed rather than they doing the managing. I go back to an original comment, where there’s smoke there is fire, and there is still a fire yet to show it’s ugly head before the last chapter is written. So in response to Obviously, I guess I really can’t move on and I mispoke when I said that could. The last chapter has not yet been written concerning Britt and his ego driven ways and the overseeing of this man by our town leaders(?).
Hooray! says:
Looks like the officers never had a case, just a bunch of misguided actions. Wonder who encouraged them to file law suits in the first place? Old Town Attorney, Old Mayor, Judge Tillet? Not picking on their defense attorney, but they were the only ones to make out in this case or cases! Great time to put this behind us and leave the past behind. This town has many good things going for it and we need to focus on those!
fd says:
This man has been the worst chief of police in the history of the Kill Devil HIlls Police Dept. There have been nothing but problems under his adminisitration. Poor management skills in itself is grounds for dismissal. He needs to go.
Ralph says:
End of a classic case of the indians trying to run the chief.Good-by Frank.
Frank Moore says:
@ Ralph you and Obviously are what kin to Britt ?? Just a thought.
James says:
It’s always a very interesting situation. People on here only know what they read and then make a decision on those facts. They don’t bother to look into anything on their own because that would take way too much effort. Maybe just maybe all we had was some disgruntled employees and a judge who didn’t like the way their kid was treated along with a political agenda. Maybe just maybe this worked out the way it should have with a decision made by a judge from out of the area with nothing to gain. Frank, put all of your energy into how the revenue sharing is done in Dare County, at least you would be on the right side of an issue.
Russ Lay says:
While I hate to stymie a good debate, I would urge both sides to wait until the judge’s order is entered. There are two possible reasons the case could have been dismissed. One is the judge felt the plaintiffs evidence did not rise to the level of a triable case. The other, which from the judges references may be more relevant, is that the judge interpreted under state law the plaintiffs had no standing, regardless of the evidence. That is why both attorneys have refrained from comment, I suspect.
Common sense says:
James, you are wrong. Some of us do more than comment on just what we read here. We actually speak with our Police Officers, and what they tell us leads us to believe the problems lie with Britt’s management – or mismanagement – of the Department. Maybe you don’t know any officers personally, or maybe just maybe they wouldn’t talk to you anyway. Maybe just maybe the League of Municipalities had a hand in selecting the judge who dismissed the cases. After all, the League wouldn’t want to pony up any money to settle the suits.
Britt should take the opportunity to depart before any more issues come up. Maybe a few of his favorites would follow him out the door. By the way, was anything done to address the need “to work on his management skills?”
At any rate, I feel sorry for the good men and women who have to work under these conditions. Be careful and keep safe.
KDH Resident says:
@ Common Sense, whoops I mean Frank Moore, when are you going to put your knowledge and experience in our community to work? So surprised that you didn’t try to get on the ballot.
Jayt says:
@ KDH Resident, whoops I mean Britt, when are you going to stop making the town of Kill Devil Hills an embarrassment to North Carolina?
Frank Moore says:
@KDH Resident i’m not good ‘ole boy enough, and never will be that low, so don’t be surprised, although I suppose a lot surprises you and the gang of Britt !!
Common sense says:
@KDH Resident—I wouldn’t want to be on the ballot in a town where they vote out people who brought jobs to the community, and have a group who want to vote in chicken-friendly commissioners. Really??!! I think the Town has more important issues to focus on.
jason says:
@ common sense…..you’re right, the town does have more important issues to focus on. The problem is they are neither focusing on or resolving issues.
James says:
Jason do you mind telling us what issues the town has that they are not focusing on or resolving. Just curious what your thoughts are.
jason says:
Oh I don’t know James, maybe the fact that my taxes are being raised yet the Town Manager has allowed a police officer to take the summer off to take a better paying job.
It is obvious that they do not need that position, why use the from that position to help offset the budget. I know it is not much but every little bit helps.
SWEDE says:
Jason–You are absolutely correct when you said that the police SGT. pay is not much.
jason says:
Not sure what he makes SWEDE., I only know that he was given special treatment and allowed to leave while everyone had to cover his shifts.
James says:
Jason, although I do have a strong feeling about letting someone take a leave of absence during the busy time of year, the personnel law does allow this. Also this was not the first time it has been done, other time was under a different Police Chief. Now if you were looking at this from the half full side, it is saving the town money while he is gone and maybe giving the officer some extra training at others expense. I truly hope that there are other issues that you had in mind. Now of course no one likes their taxes raised, but if you have been following along with what the town has said there are several factors involved. The largest being how the county shares revenue amongst the towns. If it was done by population or where the money is actually spent KDH would be fat city. Unfortunatly it’s done by who raises taxes which is crazy. It almost forces towns to battle it out at the citizens expense. Maybe your anger and time would be better spent pushing the County Commissioners to make a change it how the sharing is done.
SWEDE says:
Jason-According to what James says it appears that the SGT. in question has done nothing unusual. So,life goes on and we can only hope that he is not injured,wherever he may be.
KDH Cit says:
Unlike SWEDE, I hope that ALL officers remain injury free and not just the Chiefs favorite.
Frank Moore says:
SWEDE what Anderson is doing may not be unusual but it is legal and allowed for all employees of the Town.
Regarding Sgt Anderson, apparently Britt’s favorite, or one of his favorites, I question if town employees in other departments would be given the same accomidation as this officer. I put this question to Town Manager Diaz and Mayor Davis in an e-mail this morning and am waiting for a response. There is no problem with employees having a second job as long as it does not interfer with their primary job, in this case being a police officer in KDH, fulltime. Are the citizens of KDH expected to accept that Sgt Andersons primary job is a part time job somewhere overseas, or wherever, and his part time job is assuring the safety of the citizens in KDH. This is a question that Diaz or Davis needs to answer and if the answer is that this is acceptable and allowed I assume that other town employees will be taking advantage of this perk. I doubt this is covered in the Town employees handbook but apparently is covered in Britts handbook. Waiting for a response from Diaz or Davis and will share with you when I get it.
Common sense says:
James, it is my understanding that the County Commissioners cannot change how the revenue is shared. They can only ask the State to change the process.
Perhaps Russ or Rob can confirm this.
James says:
That is true Common Sense. The County would have to be willing to make such a request. And since there are other areas in NC that use a different formula there is no reason why Dare County would not be successful.