Selectmen Strike again!

Atkinson Selectmen; that most prolific producers of lawsuits in the history of the town( at least in the last three years)are doing it again! At least two members of this board just can not seem to stop disparaging residents with whom they disagree. At Monday's selectmen's meeting the board heard a whining plea from our town moderator, Mr. Polito, for the taxpayers to pay for his legal expenses in the latest suit. Mr. Polito asserted that this lawsuit was "laughable" but what is really laughable is a, by all accounts intelligent, man who when served with a suit alleging slander and defamation, his first instinct is to further slander and defame the person suing him. Go Figure.

As Mr. Polito explained, his portion of this complaint stems from his visit to a live selectmen's meeting last year to whine about a personal letter that Mrs. Grant had written him, in which she told him that she didn't like his job performance, and stated " you are no Jack Herlihy". Mind you this was a personal letter, not published anywhere, nor in the public domain. Mr. Polito made it public when he came into a selectmen's meeting and berated Mrs. Grant, on camera for 19 minutes. When Mrs. Grant, who was in attendance at said meeting, asked the selectmen to allow her equal time to rebut his defamatory comments, the selectmen refused stating "that is not selectmen's business" well I dare say neither was Mr. Polito whinefest, but the selectmen allowed that. ANYWAY..... that is, in part why Mr. Polito is named in the suit. This blog, being dilligent in our research has obtained a copy of this suit from Brentwood. Mr. Polito stated Monday evening that he was acting in the capacity of his office as town moderator when he came into a selectmen's meeting to defame Mrs. Grant, and therefore the town should pay to get him out of trouble arising from his own personal actions, This blog doesn't agree. Yet this board of selectmen has a rich history of spending the taxpayers money to pay town officials PERSONAL legal expenses. Here is a brief summary;

1.) Budget Committee Chair, Mark Acciard, in 2004, filed a writ asking the court to rule on whether or not a selectman who is also police chief could execute police business. On May 10, 2005 the court said no! Chief must recuse himself! (something any honorable man would have done without having to be told, as Mr. Sullivan and Mr. Morse has done for years)and the taxpayers paid the legal fees, as was proper. SCORE: RESIDENTS:1 SELECTMEN:0

2.) Evidently the chief continued to violate that order because on Sept. 6, 2005, the Court found him in Contempt of Court for violating that May 10 Order, and threatened him with arrest and jail if he continued to disobey the Court. And the taxpayers paid the legal fees even thought the town was not responsible for them after the chief lost.
SCORE: RESIDENTS:2 SELECTMEN:0

3.) Chief announced his intention to appeal to the Supreme Court. Superior Court issued their Order as an Interim Temporary Order to remain in effect until the Supreme Court has disposed of the case. And the taxpayers footed the bill once again, even thought the town was not responsible after the chief lost for the third time. SCORE: RESIDENTS:3 SELECTMEN:0

4.) The Supreme Court ruled that the appeal had no merit. Superior Court ruling upheld. Taxpayers footed the bil for a SUPREME COURT APPEAL FOR NO REASON, even though the town was not responsible after the chief lost for the fourth time.
SCORE: RESIDENTS:4 SELECTMEN:0

5.) Our Town Moderator, Mr. Polito; decided to sue the very town he moderates for.... why? you ask? was it for any noble purpose? was it to bring to light any official malfeasance? Nope! It was because the Fire Chief traded a 12' wide paved pathway through the woods that was someone's driveway, as a fire access path for a live fire hydrant in a neighborhood with no water to fight fires!(not to mention a big school) Mr. Polito evidently thought that his needs as a resident who lives 3 miles away outweighs the fire safety needs of the neighborhood receiving the hydrant.
WRONG!! The case was dismissed, The Court said Mr. Polito didn't have standing to bring it in the first place. In essense they said it was none of his business.
SCORE: RESIDENTS:5 TOWN OFFICIALS:0

6.)Mrs. Grant brought a petition to the Court to remove selectman Sapia and Childs from office for allegedly violating their oaths of office. Case went to court Nov. 3, 2006, Still no decision! 9 weeks and counting and still no decision. Logic dictates that when the selectmen dismiss her suit with a laugh, it should be a nervous laugh at best. 9 weeks to a decision says that maybe the Grants case was not as frivolous as they have been saying. Methinks thou dost protest too much.
SCORE: TIE SO FAR.....