Quo Warranto-part II, Why won't the selectmen re-appoint Chief?

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?