Quo Warranto is a latin term with a contemporary legal meaning of "show your warrants" or show your authority, and qualifications to hold your office.
Now anyone who wishes to take the time to go to the Town Clerk's office and ask, will find that Chief Consentino's appointment as police chief expired in May of 1999. Since that time, Atkinson has not had an appointed police chief, merely someone filling the slot until an appointment can be made. The selectmen have been apprised of this situation and have chosen neither to re-appoint the chief, nor to advertise the position as vacant, why?
Well, around that time in 1999 a funny thing happened in Concord.... The legislature passed new qualifications to be a police officer in the State of New Hampshire. RSA 188F:27
http://www.gencourt.state.nh.us/rsa/html/XV/188-F/188-F-27.htm
And these qualifications contained no Grandfather clause although they DID give each officer over 20 months to comply. Here are some of the new requirement to be a police officer in NH:
I. At the earliest practical time, the council shall provide by rule that after one year from the effective date of the rule no person shall be appointed as a police officer, state corrections officer, or state probation-parole officer, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of police, corrections, or probation-parole training appropriate to such person's position at a school approved by the council. No such officer who lacks the educational and training qualifications required by this section may have the temporary or probationary employment extended beyond 2 years.
This allows existing officers a time frame in which to bring their qualification up to standard. It also says that if they don't, they may serve as probationary officers for a max. of 2 years.
II. Every elected police officer shall be required to satisfactorily complete a preparatory program of police training at a school approved by the council. Any elected officer who has not complied with the educational and training requirements of this paragraph within 6 months after election shall be removed from office by the governing body of the governmental unit
III. The council, by rules adopted under RSA 541-A, shall establish the standards for physical and mental fitness under paragraphs III-a-III-h and shall fix other qualifications for the appointment of police officers, state corrections officers, and probation-parole officers, including minimum age, physical and mental standards, citizenship, good moral character, experience, and other such matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of their offices. The council shall prescribe the means for presenting evidence of the fulfillment of these requirements.
III-a. At the earliest practicable time, the police standards and training council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, prior to assuming their duties, successfully pass a medical examination including a drug screening administered under the direction of a licensed physician according to protocols adopted by the council. Such examination, when conducted, shall be valid for a period of one year for purposes of application for employment.
III-b. At the earliest practical time, the police standards and training council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, as a condition of admission to a basic or reciprocal certification training program successfully pass a physical fitness performance test administered according to standards adopted by the council.
III-c. No later than January 1, 1999, the police standards and training council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, prior to assuming their duties, successfully pass a psychological screening test battery administered under the direction of a licensed psychologist or psychiatrist according to protocols adopted by the council and designed to detect behavioral traits that could adversely affect the person's ability to perform the essential functions of a law enforcement officer. Such an examination shall be valid for a period of one year from the date of administration for purposes of application for such employment.
III-d. Beginning January 1, 2001, the police standards and training council shall require that all certified police officers, state corrections officers, and probation-parole officers, hired after that date, as a condition of continued certification and employment furnish the council every 3 years with a certificate from a licensed physician, physician's assistant, or registered nurse practitioner who has conducted a medical examination of the officer according to protocols adopted by the council, certifying that in the opinion of the examiner the officer is physically capable of participating in the council's physical fitness test.
III-e. Any officer who is unable to meet the medical requirements of paragraph III-d may request an additional medical examination by a physician chosen by the council. If the officer is still unable to meet the standards, such officer's certification shall be placed in a probationary status for a period of up to 2 years, during which time the officer may request re-examination at any time. If following the 2-year period the officer is still unable to meet the standards, the officer's certification shall be suspended until such time as such officer obtains the medical certification required in paragraph III-d.
III-f. Beginning January 1, 2001, the police standards and training council shall require that all certified police officers, state corrections officers, and probation-parole officers, hired after that date, as a condition of continued certification and employment every 3 years pass a physical fitness performance test administered by the hiring authority or the council, according to protocols adopted by the council.
III-g. Any officer who is unable to meet the physical fitness performance requirements of paragraph III-f may request an additional physical fitness performance test administered by the council. If the officer is still unable to meet the standards, such officer's certification shall be placed in a probationary status for a period of up to 2 years, during which time the officer may request re-examination at any time. If, following the 2-year period, the officer is still unable to meet the standards, the officer's certification shall be suspended until such time as such officer is able to pass the physical performance test.
Now does anyone believe that our chief with his notoriously bad heart, passed both a physical, and a physical fitness test? Does anyone believe that with our chiefs 30 year documented history of "going after" those who question his actions, and using the police force to do it, passed a psychological, personality test? And what about the 10 hours a year of continuing education classes?
Now for the $100,000 question......
Why havent the Selectmen either re-appointed Consentino, if he is truly qulified, or dismissed him if he is not? Could it be because he got two of the selectmen elected, and they know he isn't qualified, and don't want to deal with the fallout?
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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. "
5 comments:
so is he qualified or not? and if so why haven't they re-appointed him?
They just appointed him elderly affairs director for another year, why not police chief too?
isnt it time we had a full time chief, only problem is if we had a full time chief we wouldn't need a full time administrative LT.
I believe that since Consentino "controls" the actions of two selectman, you will never see any action on this. I also don't believe there is one person in their right mind who would publicly stand up and suggest we get a full time chief.(hense all these anonymous postings) That would just make them an open target for Consentino's wrath and set them up for a lifetime of harassment.
Clearly the "Chief" fails most significantly to meet section III requirements.
Mental health fitness? No. Moral character? No.
If he is fired as Chief he can not harass anyone because he would no longer have any pseudo legal authority with which to bludgeon his enemies anymore.
Sounds like it is time for another warrant article demanding that, once again, the BOS do the job they swore an oath to do. There no exceptions for laws they do not like.
Maybe they studied at the Bubba Clinton School of Government.
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