UPDATE: Former Navassa cop says town is wrongfully withholding pay

NAVASSA, NC (WWAY) -- A day after a Brunswick County judge ordered he can keep his K9, former Navassa police officer Kevin Smith says the town is withholding compensation owed to him out of retaliation.

Smith says Navassa Mayor Eulis Willis has a personal vendetta against him after Smith arrested the mayor for drunk driving last year.

Tuesday, Navassa town attorney Norwood Blanchard told WWAY the town did owe Ofc. Smith compensation from when he resigned, but said the check was at Town Hall for Smith to pick up anytime.

John Midgette, spokesman for the Southern States Police Benevolent Association, says Ofc. Smith went to Town Hall to pick up the check Wednesday but staff refused to release it.

"You can charge somebody, you can sue them, but you can't hold their accrued vacation time that belongs to them," said Midgette. "This is wrong on many levels, including common sense."

Midgette says he plans to address the issue at Navassa's Town Council meeting Thursday night at 7:30 P.M.

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

in another article. The town did not pay for the training of the dog. The original owner/trainer did, and then he DONATED the dog to the force with a contract that specifically stated the dog was to stay with that officer no matter what. So not only does he have a right to keep the dog, he also has a right to get paid what he is owed. The town is trying to withhold his pay until he returns the dog. The town lied when it said he could pick up the check any time.

They need to put the Mayor had his flunkies in jail and turn the town over to Leland. If the SBI only investigated for 10 secounds they would have enough charges/ evidence to put them all away. Yes 50% of the population is criminals but after a few years they will head back to Creekwood and Navassa will be a much better place.

Boy I would like to read That employee handbook because if I were to resign I would get a check for hours worked up until that minute and nothing more. Besides...I wonder how much value is placed on the K9 he was given? How much did it cost tax payers for the training...the food...the vet...while this doggy was being groomed to assist the law enforcement department to sniff out drugs and bad guys and protect LEOs...to be given graciously as a house pet in the end. However he did catch the mayor driving drunk and bravo to him because no one should be above the law!!! Perhaps there is more to the story deep down and that's why they conceded to give him the K9 and vacation time...to keep him quiet? Just a thought...not an accusation.

Guest461 is absolutely right about everything. The vacation time accrued as the officer went along and he is entitled to be paid for any unused vacation time because he earned it.

Although the police department does have a hand in the training, the officer boards the dog at his home. The officer provides care for the dog 24/7. It is standard procedure for a K-9 officer to retain the dog when he leaves the department.

Been reading those shadowy detective magazines again? Come on back to reality Kilroy! While the K9 does have training, police K9's are assigned to their master until they die. That dog has spent virtually every minute with that officer since training, both at home and at work. They act as a team, they work as a team and they live together as a team. It is only fit that the K9 goes home with his master. No need to keep anyone quiet, it's simply elementary protocol for police K9's.

And please note that pay policy for professionals mandates that they are paid for any un-used vacation and personal time as that is an accrued benfit. By professionals, I'm not talking about your local Scotchman attendant or Big Lots stockboy. Which one were you?

I am a business professional but our policies are paid vacation of so many weeks determined by years of service but if you don't use it you lose it...if you leave the company without using your vacation it is simply gone. After speaking to professionals in other businesses I understand now that accrued time for hours worked is a different matter.I simply have never worked for a company that operates in that manner so I did speek out of turn on the subject for which I offer my apology. No need for you to end your comment with a slam for those who in this hard time are trying to make a living with Scotchman or Big Lots...I guess you think that makes someone lower than you and stupid. I have been blessed to be a part of a very successful business for 13 years...but if things were different and I needed to support my family I would gladly take a job at either one of those establishments to keep my family fed! Obviously by your comment you don't have to worry about that but so many people do and are more than happy to try to keep their families afloat in whatever capacity they can find. Now back to the dog. I still say that taxpayer's dollarspay for the training and food and vet bills and they are the property of the municipality that invested in them until they can no longer perform their duties as any employee. At that time I see no reason not to reward the partner officer with the dog to provide love and care and a good home.

I agree with you that it's not right for him to get paid vacation time that he didn't use. That's the tax payers money paying him for a job he didn't do. It's his fault if he didn't use his vacation time when he had the chance but you are right that I've not been able to find another business that allows you to get vacation time when you resign so what makes county or state employees better that other people... As far as the dog goes is he getting the dog just cause he resigned? Does that mean the dog resigned too? If the dog was still young and able to work then he should work and not be given to anyone until he's retired and at that point his upkeep should still be taken care of by the tax payers cause he did his job like he was suppose to but to give the dog to someone just cause the man resigned is not right.

"Police K9's are assigned to their master until they die"....then what happens to the old pooch if the "master" dies first, just asking????