N.C.Chief's Tenure Has Come With Questions
KILL DEVIL HILLS, N.C.
Town police are embroiled in a conflict that's created tension within the 30-officer department, court filings have revealed.
Two judges received current and former police officers' claims of improper conduct at the department, including an allegation that Chief Gary Britt mishandled personnel matters. One judge went so far as to issue an order that said employees with complaints about the Police Department could address them to Superior Court without facing consequences from the town.
"These complaints have been and will continue to be investigated by appropriate officials," Superior Court Judge Milton F. Fitch Jr.'s order stated last month.
The five-member Kill Devil Hills Board of Commissioners has also been dealing with the controversy. The town suspended Britt last fall and launched an investigation into his actions when complaints surfaced. Three weeks later, three commissioners, including the mayor, were voted out of office.
The new members took office in December. Within days, the investigation by three retired law enforcement officials chosen by the North Carolina League of Municipalities was complete. Because no evidence of intentional unlawful or unethical behavior was found, town officials returned Britt to work Dec. 22, according to a statement from the town's clerk.
Now the town has appealed Fitch's recent order, arguing in part that it should oversee personnel issues in the department.
Commissioner Brandi Rheubottom, one of the three who took office in December, said the board is confident in Britt as the police chief. She declined comment on the specifics of the case.
The town learned of allegations about Britt and the department in April 2010, when Superior Court Judge Jerry Tillett met with town officials to discuss them, according to court documents. Tillett later demanded a copy of Britt's personnel file, among others. Then in September 2011, the town learned District Attorney Frank Parrish was investigating claims and that his removal of Britt was "imminent," according to the town's appeal. That's when Britt was suspended and the town commissioned its own investigation.
The complaints include one from a former sergeant, who said he was told to issue a minimum number of citations and criminal charges, according to court filings. David Shane Allen said the figures were part of an improvement plan he received in September 2010. North Carolina law prohibits orders "requiring the issuance of any minimum number of traffic citation or ticket quotas."
Facing a separate disciplinary action in January, Allen was allowed to resign in lieu of being terminated, according to a court filing.
Another officer claimed Britt, who has been chief since July 2008, arbitrarily disciplines officers, hurting morale, according to court papers. That officer also alleged irregularities involving his personnel file.
During his tenure, Britt has fired two officers and seven others have resigned, according to Assistant Town Manager Shawn Murphy.
Judge Fitch's order enabling police employees to make complaints directly to the court is now before the North Carolina Court of Appeals, which could rule after Thursday, when responses to the appeal are due.
Sheriff Britt and District Attorney Parrish both declined to comment about the matter when reached by The Pilot.
Mayor Sheila Davies said she hopes the appeal will bring closure.
"My role in this is to restore the public's confidence," she said, "and let them know that I have faith and trust in what we're doing."
Gabriella Souza, 252-441-1711,
at issue
The problem began with claims by police officers of improper conduct at the department, including an allegation that Chief Gary Britt mishandled personnel matters.
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