It was reported in the Eale Tribune today that the rumooured lawsuit in town does indeed exist. It has been filed in Rockingham Superior Court.
He is suing the Town of Atkinson, Philip Consentino, individually and not in any official capacity; John Sapia, individually and not in any official capacity; and Francis Polito, individually and not in any official capacity. And it was reported that evdently the selectmen have authorized the town's insurance company, to represent the three individuals as well as the town, as Primex's general counsel has filed an appearance on behalf of everyone. This would mean that, once again, the individuals are using taxpayer money to fund their own legal expenses.
The complaint reads like a novel, the similarities between this case and the Wayne Peak case accessible on atkinsontaxpayers.org, are amazing! Mr. Acciard is suing the individuals for slander, libel, and defamation, and the harm to his reputation in the community. He is suing the town for allowing all of this to happen in public. He alleges that the town had a duty and responsibility to protect his reputation in public meetings just as they do chief Consentino's.
The sad fact here is that none of this was necessary. We have to agree that Mr. Acciard gave the town ample opportunity to correct these situations, and they have done nothing. We have seen him on meetings repeatedly asking the selectmen to stop Phil's harrasment of him, and they have done nothing.
So this is another lawsuit that will cost all of us more money in legal fees and increased insurance premiums, and for what? So our selectmen and chief can continue to do what they want without regard for the taxpayers.
And this blog would like to know when they authorized the town to pay for their representation, and did Mr. Sapia discuss or vote on this? He should stay far away from this case being that he is being personally sued, but as our selectmen do most everything of consequence in non-public meetings, it is hard to tell what is going on. This blog's opinion mirrors Mr. Acciard's public statements last year, if it has to be done in secret, it is probably not in the taxpayers best interest.
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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. "
29 comments:
I just read the article in the Tribune and there is a quote in the paper from Consentino. He states: "It's a pending litigation and I feel that it is strictly a source of harrassment...."
Excuse me chief, but you and the town were just sued for harrassment and defamation (for the second time this year by the way) and you think you can spin your way out of this? What on earth are you doing saying things like "...I feel that it is strictly a source of harrassment.."
Do you think you helped us taxpayers by preceding your statement with "I feel..."?? To the contrary, you just handed the plaintiff another example of your inability to keep your mouth shut and leave people alone. If I was the plaintiff, I would bring this article to the court with me and ask the jury: "Well Mr. Consentino, just what did you mean by THAT??"
Sounds to me like you can't resist taking another shot at the plaintiff, as if he is harrassing you. Now we all know that has been your method all along, to make the actual victims look like the bad guys. But for pete's sake chief, will you please shut the bleep up? Just go ahead and write the check to the plaintiff, now and be done with it if you can't control your impulsive urge to slander the plaintiff. I've really come to the point where I believe our chief cannot control himself. This is a perfect example of it. I mean, what sane person who was just sued for the third time for the same behavior, and for $3 MILLION BUCKS, would make such a statement to THE NEWSPAPER?? Would you?? Of course not because you half a brain and enough common sense to know that saying such things only make it easier for the plaintiff to prove their case. You have to be mentally ill or living in a dream world to think you can get away with such idiotic behavior.
This guy needs some psychological testing. I think he's gone over the edge.
Selectman Sullivan has been out of town for the past 13 days and was never given an opportunity to voice his opinion. This has all been handled and decided by our two upstanding selectmen.....Fred Childs and Jack Sapia. Wonder how they could take a vote or make such a decision without a quorum?????????
Let me be the first to say to those who think they run the show in town with their arrogance and self-centeredness that it's time to go into your own wallet and deal with the mess you've created. Get your own lawyer, feel the pain, be a man! sapia/consentino/polito have no backbone!
I have been reading these comments and feel it is only fair to advise the people complaining, that I have been notified that Chief Consentino, and Mr. Polito have gotten personal attornies to represent them.
It appears so far that only Mr. Sapia is using taxpayer funded counsel to represent his personal liability.
Thank you, all for your support and understanding.
Mark, I hope they opt to settle quickly for an amount that will at least allow you to clear your mortgage and all current debts with some left over to invest in your businesses.
Of course, they will try to get a settlement that lets them still deny any wrong doing and keep the terms quiet.
Now if someone happened to overhear such facts one can not control what happens.
The Chief has never heard the old adage "when one finds oneself in a hole, STOP DIGGING!"
But of course one would have to first believe oneself capable of being wrong. And that is clearly not a "problem" the chief has.
Anymore on that rumor that the state is forcing the Chief to "retire?"
I agree that we have some real townies in Atkinson... and this blog is REALLY important town center for the issues like Lewis pulling H20 out of Atkinson. BUT... this lawsuit is lame
For some one that seems to care about this town, three million is not looking out for my pocket book or the towns well being. I know that the point has to hit "home" but ouch!
We know that the good old boys have to go and soon. ANd we as taxpayers are responsible, so why ring the ca ching handle so many times.
The BOS aggrivates the he** out of me almost every Monday night, Can I take a stab at my neighbors and friends pocket books also?
To Anon 3:53, I would ask what you base your opinion on to say this lawsuit is "lame". Do you mean it is not a high enough dollar amount requested by the plaintiff? Or do you mean it has no merit?
Please share whatever facts you have and enlighten us.
I Beleive someone criticized Lt. Baldwin for sueing the town. Because when he was deployed his family needed support...Now this law suit by someone who had so much to say about the best interest of this town...how ridiculous and hypocritical..
To Anon at 5:00pm
Do you know the evolution of this suit?
In 2004, I asked the Chief to step aside as a selectmen, on police and elderly matters, because he had a conflict of interest.
Should be a no brainer, right?
Nope, He told me he didn't have to, and he wouldn't! I asked the court if he was right, and on May 10, 2005, the Court told him that he had to recuse himself from dealing with police or elderly matters, as a selectmen!
I won, but I also lost, because in the ensuing year, this matter not only cost me $8,000 or so, but also my standing in the community as the public was constantly told in meetings that I was attacking the chief.
Oh and by the way, the chief ignored that court order, and on Aug. 31, 2005 the Court had to find him in CONTEMPT OF COURT!
He STILL didn't wish to follow this order, and the taxpayers funded his frivolous appeal to the Supreme Court which they dismissed for lack of standing.
I have listened to Jack say for three years that I should move on, but what he knows but does not tell you is that I have moved on, each time! I have moved on 7 times, and every few months, the Chief comes back and attacks again!
On Jan. 17, 2006, he called my company's main supplier and told him that I was "under investigation by the Atkinson PD"!
The selectmen did nothing!
In Feb. 2006, he wrote about me in the Town Report! There have been numerous slanderous statements read at selectmens meetings.
There was the certified letter on official stationary, threatenning legal action for articles I didnt even write!
There was his threat, that "you had better be prepared" at the post office, THAT was the last straw! I filed the suit THAT DAY!
I realized that no matter how many times I backed down, no matter how many times I complained to the selectmen and they ignored it. He will keep on coming back!
I am tired of being attacked in my own hometown! I want this done!
Actually Lt. Baldwins suit was well before he was deployed and did not involve his family needing support.
It involved, him claiming that he didnt receive tuition assistance, when he did!
It involved him claiming he was guaranteed by contract the job of LT. when none existed!
It involved him claiming that he was not properly considered for promotion when he was.
What I think you are talking about is when he tried to get an extra $2000/mo. after the town had already advanced him $5900, by claiming that the difference between his military pay and town pay was $2,200/mo. when it was really $450/mo. And while this was going on, he was in Boston, not Kuwait.
Where I work that is called Fraud! And I would be fired immiediately if I tried it.
Mark, thanks for the explanation and the more I think about it you are right in your decision. Nobody should have to endure what you have gone through.
anon 5:00
Mr. Acciard,
I have watched this circus unfold for 3 or 4 years. At first, I believed what chief consentino and selectmen sapia said about you having a vendetta. But I am not one who just believes anyone, so I began to check what people said in public, and every time I checked out something you said, I found it to be true, and in most cases considerate, in light of what I found, you could have been much nastier than you were. Most every time I checked out what they said against you, I found it to be spin at best, and outright lies at worst.
I believe, now, that you started out trying to do something honorable, and you have been horribly maligned for doing it, and worse, MY tax dollars were used to destroy you. I have a huge problem with that. It is for that reason I will be actively campaigning AGAINST Mr. Sapia this year! I voted for him when he ran as a uniter! He has instead ignored the will of the people, been as partisan a divider as those in Congress, He has hurt this town to no end, but moreover he has hurt you and your family.
I have gained an enormous amount of respect for you throughout this mess, because you have always been gracious, polite, and have sufferred for no gain. If it takes a suit like this to clear your name, and show the public how divisive, and detrimental to our community these Dictators are, then it is a small price to pay!
Just thought I'd remind everyone that your tax dollars probably will pay just a small portion of this case, and that would be the increase in our insurance premiums.
I'm hoping Mr. Acciard wins, because a win would be everything out in public, vindicate him and expose a lot of out town officials for what they are.
I'm very against the lack of respect for the citizens of this town that has been shown repeatedly by many of our "leader" here in town.
But if this lawsuit goes through, and you win for the full amount (which is unlikely, but remotely possible), would you accept the full amount Mark if it had to come from public funds and not these individuals private funds?
I would like to see you get damages from the private funds of irresponsible leaders here in town, but I don't want to see the town crippled financially for years due to the small-minded nature of a handful of people. I just wanted some clarification on this. Thanks.
to the best of my knowledge at this time, a municipalities liability is capped by law at $150,000. which would come from the town's insurance carrier, Primex.
Secondly, by law, a public official can not be held liable for an official act of his office, committed in good faith.
So the individuals can not push their responsibilities off on the town.
Third, Clapp v. Town of Jaffrey, a NH Supreme Court decision, ruled that the taxpayers can not be forced to pay expenses of public officials for which they derive no benefit. In other words if the expense benefitted the individual more than the town as a whole, than it should be reimbursed to the town by the individual.
So the answer is; I am looking to hold the individuals accountable for their personal actions, and the town accountable for its failure to exercise its supervisory responsibilities.
also even if I win, this will probably cost the town less than it spent defending Phil all through 2005, even though he lost four times! and kept using taxpayer money to fight it.
Thanks for the info Mark
This lawsuit is ridiculous and a poor reflection of our how tax dollars are being spent foolishly.
Lets pay attention to the more serious issues in this town and lets stop wasting time on "The Hatfields vs. The Mccoys" battle.
Jack hanging the town out to dry is
what is ridiculous. We need to end the harrassment once and for all. If all the taxpayers have to pay out their hard earned cash to Mr. A
to get them to really look at what is going on then so be it. If you were the target of the harrasment
"MR RIDICULOUS" then I bet you would change your tune and your name!
Not a feud, per se.
The Chief still thinks Mark is a 17 year old kid driving that 1968n Mustang Fastback, racing up and down his street.
The chief still think of everyone as beneath him. He is right everyone else is conspiring against him.
That has made him a very dangerous person for a long time.
The Board had a duty to fire him more than a decade ago. Instead, they sought to use him for there own power gain.
Their failure to act in the best interest of the town, as is required by their oath of office is what lead to this law suit.
It was Mark's efforts to get the Chief and other elected officials to obey the law that made him a target. They should count themselves lucky that they are not under federal investigation for public corruption!
In My opinion, Consentino should have been fired for his misuse of funds back in 1980, which resulted in the Wayne Peak case, and if that was enouh, he should have been fired when that case was settled, That cost the town's insurance company a ton, I heard. The last thing in the case file is a letter offerring $500,000, which Peak refused. The case was settled under a non disclosure agreement one month later. You do the Math!
This uy has cost the town a Ton!
And yes I am posting anonyously so that I dont get followed through town, and talked about at selectmen's meetings! This has to stop!
To Anon 9:21, unfortunately, your posting sounds more like spin than anything else.
When you say: "This lawsuit is ridiculous and a poor reflection of our how tax dollars are being spent foolishly.", I am interpreting you statment as follows:
Our Selectmen failed to follow the employee guidlines in the town's employee handbook for dealing with employee misconduct in spite of numerous lawsuits:
http://www.atkinsontaxpayers.org/
atkinson/category/lawsuits/
and numerous complaints:
http://www.atkinsontaxpayers.org/
atkinson/category/complaints/
many of which were published in the newspaper:
http://www.atkinsontaxpayers.org/
atkinson/category/news/
By failing to do their job and discipline employees as spelled out in the town's employee handbook (basically, 5 strikes and your out), Selectmen enable employees like Consentino to continue to harrass the populace without fear of being suspended or terminated. The net result is residents feel forced to go to the courts for justice. Conclusion: Our Selectmen are the direct cause of these lawsuits which waste taxpayer dollars. Our Selectmen led by Chairman Jack Sapia need to be replaced and Consentino should be terminated. Then we have a chance to ensure tax dollars are used more appropriately.
The documented facts speak for themselves. My suggestion to any posters is to do your homework and read the documented facts on the Atkinson Taxpayer Association website at:
www.AtkinsonTaxpayers.org
Then you can back up your posts with facts which will make your opinions more credible. That's just my opinion, of course.
To Anon @ 9:21am
The "Hatfields and McCoys" comment implies that both of us have been "going after" one and other, that we have a fued, or at least mutual vendettas( the chief's favorite slam) But the facts are somewhat different.
I asked the court to rule on the need for him to recuse himself from police matters because he didn't have the honor to step aside himself when I asked him to do so.
The court sided with me!
The only other action I initiated against him, was when he gave himself a $1,300.00 "union benefit" that the contract says he was not entitled to.
Everything else; his contempt finding, his Supreme Court appeal, his "investigation" of my business, his endless "unattended vehicle tickets", His lawsuit against me(which he later offerred to settle for $10,000, and then withdrew 2 weeks before the court date.)His comments at selectmens meetings, his "certified letters", his threats at the post office, His statement at the villae store that he "despises me and everything I stand for", ALL are his attacks against me and my family!
So this "feud" if you wish to call it that has been one sided! And every time I have complained to the selectmen about this never ending stream of atrocities, Mr. Sapia tells me I need to forget about it and move on. I notice he doesn't give the attacker the same advice! I have moved on 7 times in the past three years, how many times should I keep allowing myself to be harrassed by my government before I refuse to take it anymore?
Sapia should take his own advice and move on (i.e. never run for office again and stay away from getting involved in the town's affairs.) The resemblance to a spreading cancer accurately describes what's been going on for the last 3 years!
Another lawsuit and again the taxpayers pay for personal attorneys,That is 100% correct.
Lets place the tax dollars where they count,not towards a battle royale that has been going on and on....
Go Mark. You deserver every red cent.
I have heard that Mr. Acciard put in a request for a withdrawal from the Donation account for $10,000. to benefit Officer Lapham!
They are going to discuss it tonight. I looked at the agenda at the town hall, but they have him at the end of the meeting, not during the public hearing. I wonder what they are trying to pull now, this is a great idea!
Interestingly enough we have had the same issue with Mr Polito at Sunday River Whitecap Condo Association. I would be interested in learning more about the suit against Mr. Polito. We are planning a similar type action.
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