Welcome to another contributor under the Publius byline.
ARTICLE SUBMISSION Police Chief AppointmentPulius,... ARTICLE SUBMISSION
Police Chief Appointment
Pulius, is it allowable to submit a combined response/Article Submission?
I'd like to respond to questions from Anonymous #12 - 9:49 a.m.-- on "Police Communications Tower Confusion" and at the same time, provide information that residents should know and which hopefully will stimulate resident response and discussion on the topic, which might result in the incoming board of selectmen finally taking responsible action on the matter.
1. No, currently Mr. Consentino holds no legal appointment as Police Chief.
According to appointment records in the Town Clerk's office, Mr. Consentino has not held a legal appointment as Atkinson Police Chief since his last of a couple of appointments expired on May 1, 1999 - ALMOST 8 YEARS AGO!!
He had previously made several attempts to get earlier Boards of Selectmen to give him a permanent appointment as Chief, but those attempts were ALL rejected and refused by those Boards of Selectmen.
2. Yes, there are N.H.laws (RSA's)which state requirements to serve in any police capacity. It would have been ILLEGAL since 1999 for any Selectmen to re-appoint Mr. Consentino as Chief, since the N.H. Legislature had passed RSA 188-F:27 which requires that anyone who wants to serve in any police capacity must meet the NEW N.H. Police Standards for medical, physical, mental, education and training requirements which were adopted and MANDATED by the N.H. Police Standards and Training Council in 1999.
RSA 188-F:27 has no "Grandfather clause" to allow retention of unqualified police personnel who can't and don't meet current state standards.
The current Selectmen were advised of this law AND that Mr. Consentino holds no current legal appointment as Chief, AND finally, that Mr. Consentino can not now be re-appointed as Chief because of not meeting the new and current legal requirements and standards to serve in a police capacity.
The selectmen were also provided 24 examples provided by different town residents of how as Chief, he has abused different residents and displayed temperament incompatible with that expected of a Chief.
Under Mr. Childs's chairmanship, the selectmen ignored and quietly buried that letter, keeping the information about RSA 188 from town residents.
By not enforcing RSA 188-F:27 against Mr. Consentino, they are themselves violating N.H. law.
3. Yes, the "Chief" can be removed. Technically, he doesn't even need to be removed from the position as Chief since NO ONE currently and legally holds the appointment as Chief.
The new Board of Selectmen needs to comply with the Atkinson Town Meeting vote of 1997 which REQUIRES that ANY vacant or new position in Atkinson be PUBLICLY ADVERTISED so that qualified appplicants can apply for the job, with the selectmen then conducting interviews of applicants and FINALLY selecting and appointing for Atkinson, a legally qualifed Police Chief who meets all of the mandated N.H. state standards.
4. Any person, including members of the APD, can, at the expiration of their appointment term, be NOT re-appointed. They don't own the position and are subject to being re-appointed just as selectmen are subject to re-election.
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ATKINSON's Vietnam HONOR ROLL as VOTED and PASSED by 2005 Town Meeting and re-approved at Special Town Meeting Sept. 12
EDITORIAL-
A voice of compassion, an example of fairness and reasonable government.
One who believes in the strength and comfort you, your children and your family can draw from good government leadership.
A person who knows Atkinson is our home -- our most important possession that must be preserved and protected through fair taxes and sound community planning and where our children must be safe to grow to become a new generation of leaders.
One who knows that the citizens of Atkinson are all neighbors with her leadership to be dedicated and responsive to all.
One who believes that when those from Atkinson have served our nation and honors are deserved, those honors must be given.
In Valerie Tobin, we now have a leader we know we can entrust with these responsibilities because they are part of her character.
It is our honor to endorse Valerie for election to Atkinson’s Board of Selectmen.
Just a note for those who wish to count the deer.
In January 08 this blog had 16,000 hits and 1,500 unique visitors (for the month).
In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).
In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).
EDITORIAL-
"I offer nothing more than simple facts, plain arguments, and common sense . . ." [TP, 1776]
We take no small measure of umbrage at such a hostile official act against this BLOG’s patron. Therefore, a timely Editorial comment is both appropriate and necessary.
Discussion of Atkinson’s financial direction, from any viewpoint, is fundamental and encouraged and we will always attempt to limit and correct errors.
However, Righteous indignation towards purported error of such inconsequential nature is not appropriate.
The ENTIRE car deal is problematic. If it was caused by poor judgement, improper exercise of authority, neglect or mistake or even specious reasoning, this will never trump the facts that the entire questionable transaction started and ended within a very small circle of confidants.
We find the entire circumstances surrounding the disposition of the police Cruiser highly irregular at the least and the "explanations" somewhat trifling and exhaustive of our intellect.
Mr. Consentino: It’s time to go. Being Chief of Atkinson’s Police Department is NOT a birthright. That is a fabled legend of yesteryear.
Historically in Atkinson, police chief appointments were made "under the hand of the selectmen" for terms of one year at a time, as was also the case in the beginning of Mr. Consentino’s assorted and discontinuous stream of appointments to this position.
Your only remaining credential established on a claim of indispensability has faded.
So time is neigh. Plan a graceful exit, Clean out your desk, Accept the gratitude and tearful sentiments from some. We plan no editorial recriminations. It is time. Thank you for your service, We wish you a long and happy retirement. Bon Voyage.
LETTER
"To All Atkinson Residents,
I am writing to ask for your help. A member of the Atkinson Police Department needs our help. I am here to ask for your help in Corporal John Lapham's fight for his life. As you are aware, John has been diagnosed with Leukemia. He has been once again hospitalized with an infection that is threatening his life. He is one of the bravest people that I have ever met. He has never asked of anything from the residents of the town. Now is our chance to step up and help both him and his family out. As everyone is aware John has been out of work for a few months. His family has been busy helping John to get better. He needs our help, and I am hoping that this town can step up to the plate and help. From the moment that I met John, I have admired him. He does alot, but never asks for anything in return. He has helped so many people in this town. I for one am one of those people. Please help him.
There is a fund set-up in his name at TDBanknorth in Plaistow. Any amount will help John, while he is out of work. It would be great if this town could help ease a burden off his wife.
Thank You
Also if anyone would like to send a card, please address it to:
John Lapham
c/o Dana-Farber/Brigham and Women's Cancer Ctr.
Inpatient mail
75 Francis Street
Boston, MA 02115
United States
Please show Corporal John Lapham, that this community can stand up and show our support to those in need. I for one, miss John and can not wait until he can get better and return to work. Please show him that we support him. "
22 comments:
You know what? Phil is getting old. He's been collecting Social Security for a couple of years, now...maybe three. That puts him at age 68 - maybe 69. I'm pretty sure State Law says a Police Chief can serve until he's 70. His time is running out. It might well be time for the new Board of Selectmen to start the advertisement process, knowing it will take several months to go through the interview process.
On the other hand, are we sure that police officers still serve on an appointed basis? It seems to me that the last few full time officers have been hired, with probationary periods but no appointment.
Thank you for the insight.
I looked up the RSA you cited and it is available on the internet:
http://www.gencourt.state.nh.us/rsa/html/XV/188-F/188-F-27.htm
The statute is quite clear and extremely comprehensive. I would certainly like to know if all of our PD staff are compliant with this law. By definition, ANY police officers would be a bit hypocritical if they were not compliant with any law - and should be released. I had no idea it was so detailed and required periodic physicals (medical requirements)and periodic physical fitness requirements just to mention a few.
So I will try to summarize and re-state my understanding (ie. my opinion) based on the laws you cite:
1) In my opinion, technically, legally or otherwise, the town of Atkinson does not currently have an officially appointed Police Chief. Technically, the position of "Police Chief" is considered "Vacant" simply because the town has not officially appointed one in compliance with RSA 188-F:27, since 1999.
Selectman's responsibility if they have not officially appointed a "Chief of Police" according to state law, correct?
Just curious - is the town of Atkinson REQUIRED to HAVE a Chief of Police?
If we are, then my belief (based on the RSA) is that Atkinson does not currently have an official Police Chief. But we do have someone saying he is and acting in that role.
2) So, if the person we all know as the "Police Chief" is really not, what is Mr. Consentino now? Acting or Interim Police Chief? Fraudulent? An unranked police officer? A town employee?
So....the town is paying him to do something and we don't really know what his official title is? Are you kidding me? He has a budget of almost $800K and we don't know what his OFFICIAL title or capacity is? REALLY? IS THIS TRUE?
Is he authorizing town expenditures under an un-appointed title (thereby invalid or false) title of "Atkinson Police Chief"? Does this make invalid any contracts he has signed under this title? What about his actions as "Police Chief" negotiating with the union? Does the town have liabilities because of his actions?
3) So what should have happened was that after the last appointment expired in 1999, the town should have or at least could have ADVERTISED for a Chief of Police and selected the most qualified applicant. Right?
CONCLUSION:
Assuming the information herein is accurate, in my opinion, we do not have an official "Chief of Police" and he should not be allowed to use that title. The position is "vacant" and if the town must (or chooses) to hire a Police Chief, it must be publicly advertised and the most qualified candidate should be selected, ACCORDING TO STATE LAW.
Selectman: The challenge is for you to step forward now and clarify this situation with facts. What his Mr. Consentino's official title? What is his job description? What is he authorized to do?
To be honest with you, I hope when the facts come out this does not turn out to be a major problem. I can see the town's legal bills mounting.
I think it was stated in an earlier blog posting that we need a top to bottom audit/review of the Atkinson Police Dept by an independent auditor. I couldn't agree more.
This bullying and harrasment is nothing new, ask older people about Wayne Peak! Chief has been doing this since 1980.
I've been reading this blog for a couple of weeks now, and have come to a question, If all of these people know that this guy is a bully, and there have been court cases, qualifications questions, violations of law, and morality, why is he still in the job? Why hasn't some board of selectmen over the years said; "we've had enough"?
Because of a conflict of interest. He was sitting on the board, I believe, at the time of his "reappointment" or lack there of in 1999. I feel confident to say, this issue was buried because the Chief couldn't vote on it and discuss it because he was a member of the board, so it was squashed. Since then, he has people on the board who is supporting him for their policial gain. Thanks why. We need to get out boards cleaned up with members that have no conflicts of interest and are willing to take a stand, obey the law and do what is morally and ethically right.
No, Consentino wasn't on the board in 1999.
It is more likely due to the fact that he has been almost constantly embroiled in controversy since then. Of his own making of course.
These incidents are all as reported in the Eagle-Tribune.
In 2000, The infamous Spitting incident in the Town Hall with Fred Childs. What happened is Fred's wife, Dale, then a part-time cop in Atkinson, filed a complaint with police standards and training that Phil worked too many hours to be a part-time chief, and was not qualified to be a full-time chief. Phil responded by asking officer Anderson to take pictures of the Hampstead animal control car in her driveway, then Chief wrote a letter, on police dept. stationary, signed "Chief Phil v. Consentino", to the Hampstead selectmen trying to get her fired, or at least her car taken away. When confronted about it, Phil claimed he was not "acting as phil consentino, chief, but as phil consentino, resident"! even then he had trouble with the truth, in light of his letter to the Hampstead selectmen.
In 2000, Chief accused in paprs of "Union Busting" because of his high-handed tactics in dealing with the union organizers. He was actually ORDERED by the Public Employees Labor Relations Board to "CEASE AND DESIST FROM BULLYING, HARRASSING, AND INTIMIDATING " HIS OFFICERS.
In 2001, fighting appeal of PELRB ruling, lost.
In 2002, begins to evade questions of accountability about elderly affairs from budget committee.
In 2003, he was elected selectman, He said he ran to protect elderly affairs from the selectmen and budget committee, who were trying to cut it. This was not true, no one ever spoke of cutting it. They just wanted to know how many people use the service, but asking phil any questionshe doesn't want to answer brings trouble, just ask Carol Grant, Mark Acciard, Brian Kaye, or Elaine Woodbury.
In 2003, he was also under fire for saying publicly, what had been his policy for years of turning Mass. trick-or-treaters around at the border.
In 2004, he voted on police Dept. matters and found himself facing a code of ethics complaint from Mark Acciard., Code of ethice committee did nothing, Acciard appealed to Rockingham Superior Court.
In 2004, he was also in front of the PELRB AGAIN, for labor violations., case was settled.
In 2005, Court ordered him to RECUSE HIMSELF FROM DISCUSSING, DELIBERATING, OR VOTING ON POLICE/ELDERLY MATTERS. ALSO ANY TOWN EMPLOYEE MATTERS WHICH IN ANYWAY AFFECT HIMSELF OR HIS FAMILY.
In 2005, He was found in CONTEMPT OF COURT for violating previous order. Court told him if he continued to violate it's orders he would be PUT IN JAIL!
In 2005 he appealed that decision to the NH Supreme Court, and we paid for all of his refusal to just step aside on those matters.
In 2006, Supreme Court upheld lower court's ruling, effectively telling hm to go away.
In 2006, the voters had had enough and overwhelmingly passed Article 21, prohibiting any town employees or dept. heads from servong on or being elected to, the board of selectmen or budget committee. This is the town law that Childs and Morelli are currently defying!
As you can see ther has been one controversy after another since his appointment ran out. and THAT is more likely why he was never reappointed. It is pretty hard to make a case for reappointment when you are costing the town thousands of dollars in legal fees, year in and year out. Not to mention how much his budget increased while he was a selectmen.
I stand corrected, and thank you for the yearly blow by blow of ethical violations. You are so correct that Article 21 needs to be defeated.
Why is Chief Consentino still on the job? Because a majority of your residents, who have never crossed him, think he's wonderful. The elderly love him. And he's still there because all past Selectmen know darned well that if they try to remove him, they'll be receiving death threats against their families (as did Brian Kaye); being followed by a cruiser whenever they go anywhere (as did Mark Acciard); and more. When the VietNam issue first came to the Board, Phil and Brian Boyle supported it. When the Historical Society (Carol Grant)insisted that the name plates go in front of Town Hall, as approved by the voters, Phil got angry. I believe the comment attributed to him was "She'll never get her own way". And when the tablets were delivered, he voted against placing them at Town Hall. Another Phil comment, from a long time ago was, "I don't get mad; I get even."
In short - he's a very scary man, and I really believe he loves every minute of it.
By hiding it from the townspeople that the "pretend Chief" had no
legal apppointment and couldn't and can't even qualify for an appointment under State law, we, the townspeople have had a fraud perpetrated on us by a Board of Selectmen chaired by selectman candidate Fred Childs.
Can any knowledgeable person answer the following questions?
1. Over the approximately 8 years that Consentino has fraudulently pretended to be Chief, how much
taxpayer money has he taken for a
Chief's salary he wasn't entitled to?
2. Can a non-public official, a non-Police Chief, legally spend appropriated taxpayer money?
3. How much taxpayer money budgeted to the Police Dept. has "Mr." (not "Chief") Consentino
spent these past 8 years while not having any legal appointment as Chief?
4. By what percentage of our tax money has the "pretend Chief" inflated the Police budget since 1999?
This is J. Edgar Hoover all over again.
Hoover had the power as Director of the FBI and he used it to investigate and control those who opposed him. He abused the police powers of his office to retain control by using fear, blackmail and intimidation to get his way.
Consentino's long, documented history is why we are all posting anonymously. The bottom line is our selectman are afraid to remove him or they are in league with him to get some of their own personal benefits (ie. Childs for example).
To Anonymous @ 10:03
Without offerring comment, endorsement of your legal questions, I think I can answer the numbers questions you ask;
1.) Chief has been paid approx. $166, 837 from 1999-2006.
2.) Only the selectmen can spend taxpayer money. Typically a dept. head has to buy something through a budget line, he makes the purchase(assuming it is small) submits a voucher to the selectmen for signature. No one can do that without selectmen authority.(Hope I skated the thin ice on THAT one! lol)
3.) and 4.) The police budget was approximately $286,000 or so in 1999. I don't have the exact figures in front of me. the Budget ths year is $754,000. But bear in mind that over the last two years we have removed over $150,000 from his budget and placed elsewhere in the budget. Last year we took out details($70k) and Dispatch(26k) and this year we took out the CBA Contingency(20k) and Insurance(32k) and we used 30k from the revolving fund balance to buy down other lines. Had none of that been done the budget for this year would have been approx. $950,000.
Hope this answered your budgetary questions only.
I have been living in Atkinson for 40 years now and the last 3 years is the worst I have ever seen the selectmen behave. I remember back in 1999 or 2000 when chief was working overtime to get Fred kicked out of office, and they were spitting at each other in the town hall, it was all in the paper. Chief would tell anyone who would listen about how Fred got kicked off the Lawrence police dept. back in the 60's, for theft, I think it was, but I could be wrong, memory is not the best these days. He had case numbers and everything.
And this is the guy that wants to be selectman, and the guy who is supporting him.
Why would the people of Atkinson want to put up with this?
As an Elderly person living in town I am tired of hearing the chief asked these stupid questions about qualifictaions. This is the same thing opponents do to presidential candidates like John Kerry.
Chief, just release the records that meet the law they are talking about. Just show everybody, that you have the pychological testing, the physical testing, the gun testing, the education and everything else the state requires. Just show them and then tell themm to go away!
You can do that, right.
Re: The last anon. Can't WAIT to see the answers to this one!
Somebody really should look into the Fred Child's dirty cop days. I believe he was convicted of a felony in that case. He was stealing from the businesses he was supposed to be protecting. This is what Phil has been holding over his head all these years to get his way. Can convicted felons hold public office?
In 1999-2000 when the Chief was trying to get Fred out of office as selectman, He would tell people about Fred's arrest.
I could be wrong in some of the details, but I believe, it went, according to what the chief was saying(and he had case numbers and everything) Fred was a lawrence cop in the early 60's, was caught inn a warehouse or business with stolen property, everyone else escaped, and Fred took the rap. Was sentenced, kicked off the Lawrence force, and I heard did about a year or so. I believe the record was expunged in the early 70's by a governor's pardon, due to a judicious contribution.
So is the bigger issue the guy who violated a public trust, and now has the keys to every building in town, and is a selectman?
Or is the police chief who abuses his authority to find personal dirt on his enemies then releases it publicly?
There is a law in NH, That you can not divulge information gaine dthrough your office if you know or should have known that it is not public information.
Don't slander Fred Childs for something that happened or did not happen nearly 50 years ago in another state, another city! That brings you down to Phil Consentino's level if that is what he was doing in 2000. Just don't vote for the guy! It's that simple!
So what have the selectmen done about the qualifications issue? Have they contacted police standards to have them send what they have? Why isn't this a public issue? And what about his appointment? why haven't they re-appointed him?
Mark Acciard – THANK YOU!
I personally would like to thank Mark Acciard for all he has done and tried to do for the townspeople of Atkinson. It takes a LOT of personal integrity to stand up to the “powers to be”, and he did it with conviction and “Moral Fiber”. (Something the Selectmen, Town Administrator, Road Agent, Police Chief etc.) do not respect or admire. (They saw you as a threat) Please Mark, don’t take your defeat Tuesday personally. Your were “taken out” by the Selectmen’s Political Machine with the help of Phil Consentino’s “BUY THE VOTE” Elderly Affairs Department. They have an agenda that you were interfering with. Their agenda supercedes anyone that disagrees with them, and all that the taxpayers vote for. We “the people” know that, and need you to stay firm on your convictions and drive. You WILL get the chance to “do the right thing” again.
The old saying “there is more than one way to skin a cat” applies here. Sometimes one can do more outside the political system, than being part of it. We want you to know that there are growing organizations out here, that are working to take our town back. Sapia, Childs, Sullivan, Consentino, and “Ride On the Coat tails” Stewart, didn’t get to where they are by chance. It took time and concerted effort to gain the power, and it will take an organized, committed, and determined effort to get our town back. We need YOU to be part of that team, when the time is right! PLEASE STAY POSITIVE!
We will be in touch.
New Reader Here and I thank you!
I have read EVERY BOG here and can’t thank you enough. Must admit, as a new person in town, that I’m getting a little scared of the politics here! Is a local police officer going to start following me, wife and kids around, if I were to speak up for my rights? Are the Selectmen going to shout me down and belittle me if I ask questions they don’t like at a meeting?
I happened to see a channel 20 show a few weeks back about revaluation! I remember a lady and couple of gentlemen questioning the selectmen about how the town revaluation was done. They seemed to think it was done wrong leaving the whole town over valued for tax purposes. What became of them? Haven’t heard anything since! From past experiences, I know one has to follow the money trail, to get to the facts. Can not wonder if they are on to something. I do remember the selectmen saying they didn’t know anything about the tax evaluation process, and that surprised me! If they do not know where and how their money comes from and oversee the process, than why would they be allowed to spend the money? Maybe that is the reason they can “Recommended by the Selectmen” on the ballot. If they are over collecting on assessments, then perhaps that is why they recommend all the spending articles.
Now the Atkinson Reporter has got me thinking. I for one would like to hear more from the people that brought the over valuation subject up. I would like to follow the money trail and hear from some of them. I want to get educated. Anyone out there that can help me?
Thank you again Atkinson Reporter………….I think……….really do not want to be looking over my shoulder while driving down the road to work and having my pocket picked at the same time.
Stewart best road agent ever? Who are you kidding! I remember watching a selectmen's meeting when our police chief talked about a residence complaint that culverts were not cleaned out, resulting in flooding across his property. Teddy's response: Well I'll just take out the culverts!!!
Result: More problems for the property owner.
Teddy is not only the worst road agent ever in this town, he is part of the problem and in Phil's and selectmen's pocket!
Anyone notice how he wore a suit on candidate’s night? He was very presentable. (Looks like Sapia finally got him to clean up his act)
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