Stay issued in Kill Devil Hills police dispute

For now, a judge should not handle personnel complaints involving the police department in Kill Devil Hills, an appeals court has ruled.

The town appealed an order from Superior Judge Milton Fitch last month that required police employees to make complaints to the court.

Fitch's order came after he and Superior Judge Jerry Tillett reviewed complaints alleging mishandling of personnel matters.

The town will now write its appeal to the North Carolina Court of Appeals before a final judgment is rendered, said Dan Hartzog, the attorney representing Kill Devil Hills.

The court of appeals also ruled Monday that complaints from four former and current officers would not be considered in the town's appeal.

Last week, those officers sued the town, Police Chief Gary Britt, Town Manager Debra Diaz and Assistant Town Manager Shawn Murphy, claiming discrimination and harassment led to demotions and discharges. Former Sgt. David Shane Allen said he lost his job after he was told to issue a minimum number of citations and charges, according to the complaint. Facing a separate disciplinary action in January, Allen was allowed to resign in lieu of being terminated, according to a court filing.

Another officer alleged irregularities involving his personnel file and claimed Britt, who has been chief since July 2008, arbitrarily disciplines officers, hurting morale, according to the lawsuit.

One of the other two alleges an officer was punished for going around the chain of command and another claims he was wrongfully terminated after missing a class he'd been approved to skip.

Britt has declined to comment about the dispute.