From the Eagle Tribune;
Atkinson wants lawsuit against it tossed Officials believe case should be heard in Superior Court
By Jarret Bencks
jbencks@eagletribune.com
CONCORD — Atkinson officials want a lawsuit filed against them to be thrown out.
The town is being sued by SBA Towers, a cell phone company that wants to add antennae to an existing 160-foot tower near High Hill Road.
The company has been trying to get approval for the antennae from the Board of Selectmen since 2008, when a denial by the Zoning Board of Adjustment was overturned by a federal court judge.
In its lawsuit, the tower company alleged that the selectmen established rules as they went along during their review of the plans, attempted to impose an illegal fee during the permitting process, and are preventing phone service from being provided to local customers, violating the federal Telecommunications Act.
Last week, town attorney Sumner Kalman asked to have the lawsuit thrown out. On behalf of the town, Kalman denied nearly all of the accusations against the town and called the company's use of the Telecommunications Act "misplaced," according to court records.
The town has faced off with the tower company once in federal court. In 2007, the town's Zoning Board of Adjustment rejected the proposed antennae. SBA appealed to U.S. District Court in Concord and Judge James Muirhead overturned the board's decision in September 2008. But Muirhead required SBA Towers to seek approval for the project from the selectmen.
Kalman has asked for the case to be thrown out of federal court because it should be handled by Rockingham County Superior Court, he said. A 2005 agreement with the previous property owners states that disagreements over the use of the land should be heard by Rockingham County Superior Court if the town and landowner cannot come to an agreement.
"They chose to go to federal court, which is a place we've already been," Kalman said.
Atkinson Town Hall
The Norman Rockwellian picture of Atkinson
There is a NEW POLL at Right--------------------->
Welcome Message and Mission Statement
Tuesday, February 9, 2010
Thursday, February 4, 2010
Fireworks at the school board deliberative session
Yes there were firework in the PAC tonight, and those fireworks were lit by Atkinson's own former budget committee chair, Mark Acciard. Mr. Acciard had some very tough questions for the school board and the budget committee, none of which they were able to answer, as Atkinson Selectman, Bill Bennett said later in the meeting; "your silence was deafening".
Mr. Acciard began by asking a question about what went into one of the budget's line items, and it took the school board business manager to answer as it was clear that the budget committee had no idea what went into the budget. He then asked who "put numbers to paper"? The answer.... The superintendent! Acciard then stated that this was improper and quoted State Law, in the form of RSA's to back up his claim. As I was watching this exchange, I realised that the school board attorney, Mr. Peter Bronstein was sitting right there to the superintendent's left, not saying a word in contradiction of Acciard's quoting of State budget law.
But there were many more revelations tonight, Superintendent LaSalle stated, in response to a question from Selectman Bennet about his pay and raises, that the public " has no say in what he makes"! THE ARROGANCE! This was preceeded by school board budget committee Vice Chair, Len Mullen from Danville, stating that; "the budget committee did not prepare the budget". He also stated that there was no legal public hearing, no research into the validity of the numbers, no verification of the superintendent's role in the budget preparation, etc. In fact Superintendent LaSalle ADMITTED that there was no Quorum for the budget committee public hearing. When Acciard then asked how the school board could present the budget for consideration when there was no LEGAL public hearing, LaSalle claimed that "we consider it to be a legal meeting, the budget was presented". The Attorney, of course said nothing in answer to Acciard's questions about the law, or his quotations from the law.
This was followed by an ammendment by Acciard, to reduce the operating budget to $56,760,388.00, which he said was last years spending, from the budget he "obtained last week from the SAU" plus the Federal Government's COLA adjustment, less the Teachers raises which are in a separate warrant article. There was much discussion on this, culminating in a statement from Acciard about the quality of his education at Timberlane 30 years ago vs. the lesser quality education received by his four kids at Timberlane. This was answered angrily by a teacher, Mr. Dube, who stated how hard he and his fellow teachers work, and he would not stand by and listen to his work denigrated by Mr. Acciard. Although Mr. Acciard made no personal comments, he was discussing the quality of the district's "product" for the amount they were "charging". Acciard pointed out, to LaSalle's agreement, that the budget divided by the kids enrolled amounted to $14,500/kid! Acciard then pointed out the tuition at some of the surrounding schools providing a better quality education for a fraction of the cost. This is what led to the teacher's anger. These budgetary points were echoed by a number of Atkinson residents to no avail.
As is usual at the school district, the discussion deteriorated into "it's all about the kids" with superintendent LaSalle reading an extended list of the cuts he would have to make to comply with Acciard's ammendment. Acciard and Mrs. Heaney claimed that his list totalled $15,000,000, and they were only asking for last years spending plus COLA, LaSalle claimed his list of cuts were less than $5,000,000, and the question was moved by the husband of budget committee member Michelle O'Neil.
The budget passed as written, the questions about preparation were never answered, the teachers left feeling underappreciated, and once again the taxpayers were left footing the extraordinary bill.
2010 TRSD Deliberative Session from Timberlane Education Network on Vimeo.
Mr. Acciard began by asking a question about what went into one of the budget's line items, and it took the school board business manager to answer as it was clear that the budget committee had no idea what went into the budget. He then asked who "put numbers to paper"? The answer.... The superintendent! Acciard then stated that this was improper and quoted State Law, in the form of RSA's to back up his claim. As I was watching this exchange, I realised that the school board attorney, Mr. Peter Bronstein was sitting right there to the superintendent's left, not saying a word in contradiction of Acciard's quoting of State budget law.
But there were many more revelations tonight, Superintendent LaSalle stated, in response to a question from Selectman Bennet about his pay and raises, that the public " has no say in what he makes"! THE ARROGANCE! This was preceeded by school board budget committee Vice Chair, Len Mullen from Danville, stating that; "the budget committee did not prepare the budget". He also stated that there was no legal public hearing, no research into the validity of the numbers, no verification of the superintendent's role in the budget preparation, etc. In fact Superintendent LaSalle ADMITTED that there was no Quorum for the budget committee public hearing. When Acciard then asked how the school board could present the budget for consideration when there was no LEGAL public hearing, LaSalle claimed that "we consider it to be a legal meeting, the budget was presented". The Attorney, of course said nothing in answer to Acciard's questions about the law, or his quotations from the law.
This was followed by an ammendment by Acciard, to reduce the operating budget to $56,760,388.00, which he said was last years spending, from the budget he "obtained last week from the SAU" plus the Federal Government's COLA adjustment, less the Teachers raises which are in a separate warrant article. There was much discussion on this, culminating in a statement from Acciard about the quality of his education at Timberlane 30 years ago vs. the lesser quality education received by his four kids at Timberlane. This was answered angrily by a teacher, Mr. Dube, who stated how hard he and his fellow teachers work, and he would not stand by and listen to his work denigrated by Mr. Acciard. Although Mr. Acciard made no personal comments, he was discussing the quality of the district's "product" for the amount they were "charging". Acciard pointed out, to LaSalle's agreement, that the budget divided by the kids enrolled amounted to $14,500/kid! Acciard then pointed out the tuition at some of the surrounding schools providing a better quality education for a fraction of the cost. This is what led to the teacher's anger. These budgetary points were echoed by a number of Atkinson residents to no avail.
As is usual at the school district, the discussion deteriorated into "it's all about the kids" with superintendent LaSalle reading an extended list of the cuts he would have to make to comply with Acciard's ammendment. Acciard and Mrs. Heaney claimed that his list totalled $15,000,000, and they were only asking for last years spending plus COLA, LaSalle claimed his list of cuts were less than $5,000,000, and the question was moved by the husband of budget committee member Michelle O'Neil.
The budget passed as written, the questions about preparation were never answered, the teachers left feeling underappreciated, and once again the taxpayers were left footing the extraordinary bill.
Former teacher seeks copy of computer's hard drive
From the Eagle Tribune;
Former teacher seeks copy of computer's hard drive Former teacher faces charges of possession of child pornography
By Jarret Bencks
jbencks@eagletribune.com
BRENTWOOD — A former Timberlane teacher wants copies of pornographic images federal investigators said they found on his personal computer.
Scott Buatti of Newton is charged with possessing computer images of minors engaged in sexual acts. A lawyer for Buatti, a former middle-school gym teacher and coach, has asked the state for copies of images taken from his computer in January and February 2008.
Attorney Mark Sisti argued that the state failed to give him an opportunity to review and analyze the evidence used to bring charges against Buatti.
"The state has refused to provide him with either a copy of the hard drive or a copy of the state's image of the hard drive, thus depriving Mr. Buatti of his due process right to see the evidence against him," Sisti wrote in a motion filed yesterday.
Sisti wants access to the images so a private investigator can review the evidence, according to court documents.
County prosecutors objected to the request. The evidence is available for review, but only at the Portsmouth police station, according to court papers filed by prosecutor Jerome Blanchard.
In his objection, Blanchard argued it may be more convenient for private investigators to have their own copies of the images, but the hard drive is accessible.
Rockingham County Superior Court Judge Tina Nadeau, who is presiding over the case, has not ruled on the request.
Buatti was first approached by federal agents on Feb. 25, 2008, as part of a two-year probe by U.S. Immigrations and Customs Enforcement. He was among 5,000 alleged domestic subscribers to child pornography sites that ICE agents tracked down throughout the country.
In February 2008, Buatti, then 43, admitted to ICE investigators that he had saved pornographic images of children to his home computer's hard drive, according to a report by federal investigators.
In March 2008, Timberlane school district officials were notified that Buatti was being investigated for allegedly possessing child pornography. He was placed on administrative leave in April 2009, when he was indicted by a county grand jury.
Buatti faces 10 counts of attempted possession of child pornography and 10 counts of possession of child pornography. He is slated to go on trial in May.
Former teacher seeks copy of computer's hard drive Former teacher faces charges of possession of child pornography
By Jarret Bencks
jbencks@eagletribune.com
BRENTWOOD — A former Timberlane teacher wants copies of pornographic images federal investigators said they found on his personal computer.
Scott Buatti of Newton is charged with possessing computer images of minors engaged in sexual acts. A lawyer for Buatti, a former middle-school gym teacher and coach, has asked the state for copies of images taken from his computer in January and February 2008.
Attorney Mark Sisti argued that the state failed to give him an opportunity to review and analyze the evidence used to bring charges against Buatti.
"The state has refused to provide him with either a copy of the hard drive or a copy of the state's image of the hard drive, thus depriving Mr. Buatti of his due process right to see the evidence against him," Sisti wrote in a motion filed yesterday.
Sisti wants access to the images so a private investigator can review the evidence, according to court documents.
County prosecutors objected to the request. The evidence is available for review, but only at the Portsmouth police station, according to court papers filed by prosecutor Jerome Blanchard.
In his objection, Blanchard argued it may be more convenient for private investigators to have their own copies of the images, but the hard drive is accessible.
Rockingham County Superior Court Judge Tina Nadeau, who is presiding over the case, has not ruled on the request.
Buatti was first approached by federal agents on Feb. 25, 2008, as part of a two-year probe by U.S. Immigrations and Customs Enforcement. He was among 5,000 alleged domestic subscribers to child pornography sites that ICE agents tracked down throughout the country.
In February 2008, Buatti, then 43, admitted to ICE investigators that he had saved pornographic images of children to his home computer's hard drive, according to a report by federal investigators.
In March 2008, Timberlane school district officials were notified that Buatti was being investigated for allegedly possessing child pornography. He was placed on administrative leave in April 2009, when he was indicted by a county grand jury.
Buatti faces 10 counts of attempted possession of child pornography and 10 counts of possession of child pornography. He is slated to go on trial in May.
Wednesday, February 3, 2010
Timberlane Deliberative Session is THURSDAY!
From the Plaistow Town Crier;
Timberlane Deliberative Session is THURSDAY!
Posted by Len Mullen on February 03, 2010 at 07:52:32:
The TRSD approved budget is $61.7 million. If you are disapprove that, the school will get $61.8 million! That’s right, vote against their extravagence and they get more money! No matter how you vote on Tuesday March 9th, the school will have $62,000,000 to spend as it sees fit. What do you get for your $62,000,000?
•a high school that has been characterized as a School In Need of Improvement (SINI) for five consecutive years
•a school that failed to call the police or notify parents when middleschoolers were found to be intoxicated
•a high school where a student was repeatedly raped by a teacher
•a middle school where a pedophile was permitted to roam the locker rooms for fourteen months before being suspended — with pay
•a school system where the man responsible for all this has to be notified three years in advance of termination of his contract
If you think our kids deserve better, come to the Deliberative Session this Thursday and be heard!
* DanvilleDelivery.com: For the Rest of Us
Posted by Len Mullen on January 27, 2010 at 23:03:18:
If you look at the 2011 default budget compared to 2009’s actual spend, you may be surprised to find that while we were enduring furloughs, pay freezes, and layoffs, the school budget has increased 11%. If you add in the cost of the new teachers contract, it has increased 12%. A 12% increase in an era of deflation and cost cutting.
The bad news is that the 12% increase is completely contrived. First, consider the contract. The teachers union has negotiated a contract that includes a lump sum payment in the first year and double step increases in the second year. Mr. La Salle has used current headcount to calculate the cost. In reality, the long service teachers will retire after their lump so that that lump sum weights their pension. These teachers will be replaced with short service teachers who will reap the double step in the second year. The cost of the contract is likely to DOUBLE in the second year.
The second time bomb in the budget is the insurance line item. Every year we vote on the budget BEFORE the insurer sets the costs for the year. They provide a maximum ceiling and we budget to that. This is ALWAYS several percent higher than the actual cost. The difference is refunded to the taxpayers. This year the ceiling was 22%. Mr. La Salle got that maximum reduced to 13% to show a better number to the budget committee, but the maximum ceiling has no impact on actual cost. In reality, he just spent next year’s surplus.
Timberlane Deliberative Session is THURSDAY!
Posted by Len Mullen on February 03, 2010 at 07:52:32:
The TRSD approved budget is $61.7 million. If you are disapprove that, the school will get $61.8 million! That’s right, vote against their extravagence and they get more money! No matter how you vote on Tuesday March 9th, the school will have $62,000,000 to spend as it sees fit. What do you get for your $62,000,000?
•a high school that has been characterized as a School In Need of Improvement (SINI) for five consecutive years
•a school that failed to call the police or notify parents when middleschoolers were found to be intoxicated
•a high school where a student was repeatedly raped by a teacher
•a middle school where a pedophile was permitted to roam the locker rooms for fourteen months before being suspended — with pay
•a school system where the man responsible for all this has to be notified three years in advance of termination of his contract
If you think our kids deserve better, come to the Deliberative Session this Thursday and be heard!
* DanvilleDelivery.com: For the Rest of Us
Posted by Len Mullen on January 27, 2010 at 23:03:18:
If you look at the 2011 default budget compared to 2009’s actual spend, you may be surprised to find that while we were enduring furloughs, pay freezes, and layoffs, the school budget has increased 11%. If you add in the cost of the new teachers contract, it has increased 12%. A 12% increase in an era of deflation and cost cutting.
The bad news is that the 12% increase is completely contrived. First, consider the contract. The teachers union has negotiated a contract that includes a lump sum payment in the first year and double step increases in the second year. Mr. La Salle has used current headcount to calculate the cost. In reality, the long service teachers will retire after their lump so that that lump sum weights their pension. These teachers will be replaced with short service teachers who will reap the double step in the second year. The cost of the contract is likely to DOUBLE in the second year.
The second time bomb in the budget is the insurance line item. Every year we vote on the budget BEFORE the insurer sets the costs for the year. They provide a maximum ceiling and we budget to that. This is ALWAYS several percent higher than the actual cost. The difference is refunded to the taxpayers. This year the ceiling was 22%. Mr. La Salle got that maximum reduced to 13% to show a better number to the budget committee, but the maximum ceiling has no impact on actual cost. In reality, he just spent next year’s surplus.
Monday, January 25, 2010
The warrant has been posted!
Well, the warrant has been posted on the Town's website. right on the home page! Thank you selectmen for finally using the town website to disseminate information.
There ARE some interesting points in the posted warrant that should make for lively discussion on Saturday. Please don't forget Deliberative Session is at 10:00am on Saturday, Jan. 30, 2010.
The warrant starts out with some petitioned planning and zoning articles, that contain issues discussed and advocated by the planning board a number of years ago, when they ALSO contained language that would have effectively gutted wetlands provisions. These articles are obviously someones attempt to get the good language without the bad from before.
Then we get to our budget. Well it has come down in recent weeks, and now is being proposed at $3,927,687.00. But if you don't like that the default budget is $4,310,598.30 How the hell did THAT happen? Has our BOs taken default budgeting lessons at the Dick LaSalle school of budgeting?
We will put aside the budget questions for this article, but I believe expenditures this years were only around 3.65 million or so. In tight economic times when our fellow townspeople are losing their homes, do we really need an extra $300,000 in the budget? Plus warrant articles?
The next article is the chief's new Subaru for elderly affairs. There is a note at the front of the warrant article that will have to come off it before it goes on the ballot, that would be illegal. And yes, we know that the chief's private business is finally making a donation to the town after a year in operation to buy this car(but only if the voters pass it, otherwise there will be no donation) But do we REALLY NEED a FOURTH elderly affairs car, when there is almost ALWAYS at least two of the elderly vehicles in the PD parking lot( and why are they still there by the way, I thought those two depts. were SUPPOSED to be SEPARATED?) in addition to the EIGHT police vehicles. Surely if we NEED another elderly vehicle, we can give a police vehicle to them.
Next up is the chief's bid to make all of his elderly work pay. We actually think this a good idea. Make the Elderly Affairs Director an official town position at a salary of $100/yr. This should be a paid position. Maybe we can transform it into a true elderly service, rather than a political organization.
Next up is the Fire Dept. capital reserve, again can we put this off for a year? Yes we WILL pay for it down the road, but maybe when we have to buy that new ambulance or truck, Congress will not be spending a Trillion Dollars everytime they take a vote. To give chief Murphy his due, he has presented the town with a 30 year vehicle replacement and refurbishment plan. The capital reserve is calculated to have enough money at each point that an expenditure is needed to pay for it, without loans and leases.
Article 13 is something new this year. An attempt to create out of the general fund surplus, and expendable trust fund that can be used to fund plowing and winter maintenance beyond what is in the budget. A good idea as we saw last year.
The next 7 warrant articles are our Road paving articles. We actually applaude the budget committee and selectmen for breaking out each road this year into separate warrant articles. This should be fun... Leeetts geeeet reaaddddyyyy to ruuuuuummmmmmbbbbbllllllleeeeeeee!
Article 21 is the further development of the East Road Rec area! You've gotta be kidding me! Can our rec dept. take a break from shaking down the taxpayers for one friggin year? First there was the $400,000 to buy the damn land, then there was the study, then the site work done to date, now just another $80,000 friggin dollars, and we can have landscaping and walking paths! HELL NO! NOT THIS YEAR!
Recreation Cap reserve? Again HELL NO! NOT THIS YEAR! What the hell are you going to buy now?
Next we have the Woodlock Park Cap Reserve! NOT THIS YEAR! WE ARE BROKE, GET IT?
Next we have a generator for town hall. Well if the chief got one, then the town hall needs one, what the hell for? NOT THIS YEAR! People gt this through your heads, money is tight, quit asking for more!
Those damn mosquitos are going to cost us another $46,000, guess we can't avoid that one can we.
$35,000 for siding to the kimball house? Can't this wait?
Articles 27, 28, 29, and 30 all have to do with cable TV and shoudl be paid for out of the Cable Cap Reserve, which is funded by the franchise fee.
Those are the important articles, lets hear your thoughts?
There ARE some interesting points in the posted warrant that should make for lively discussion on Saturday. Please don't forget Deliberative Session is at 10:00am on Saturday, Jan. 30, 2010.
The warrant starts out with some petitioned planning and zoning articles, that contain issues discussed and advocated by the planning board a number of years ago, when they ALSO contained language that would have effectively gutted wetlands provisions. These articles are obviously someones attempt to get the good language without the bad from before.
Then we get to our budget. Well it has come down in recent weeks, and now is being proposed at $3,927,687.00. But if you don't like that the default budget is $4,310,598.30 How the hell did THAT happen? Has our BOs taken default budgeting lessons at the Dick LaSalle school of budgeting?
We will put aside the budget questions for this article, but I believe expenditures this years were only around 3.65 million or so. In tight economic times when our fellow townspeople are losing their homes, do we really need an extra $300,000 in the budget? Plus warrant articles?
The next article is the chief's new Subaru for elderly affairs. There is a note at the front of the warrant article that will have to come off it before it goes on the ballot, that would be illegal. And yes, we know that the chief's private business is finally making a donation to the town after a year in operation to buy this car(but only if the voters pass it, otherwise there will be no donation) But do we REALLY NEED a FOURTH elderly affairs car, when there is almost ALWAYS at least two of the elderly vehicles in the PD parking lot( and why are they still there by the way, I thought those two depts. were SUPPOSED to be SEPARATED?) in addition to the EIGHT police vehicles. Surely if we NEED another elderly vehicle, we can give a police vehicle to them.
Next up is the chief's bid to make all of his elderly work pay. We actually think this a good idea. Make the Elderly Affairs Director an official town position at a salary of $100/yr. This should be a paid position. Maybe we can transform it into a true elderly service, rather than a political organization.
Next up is the Fire Dept. capital reserve, again can we put this off for a year? Yes we WILL pay for it down the road, but maybe when we have to buy that new ambulance or truck, Congress will not be spending a Trillion Dollars everytime they take a vote. To give chief Murphy his due, he has presented the town with a 30 year vehicle replacement and refurbishment plan. The capital reserve is calculated to have enough money at each point that an expenditure is needed to pay for it, without loans and leases.
Article 13 is something new this year. An attempt to create out of the general fund surplus, and expendable trust fund that can be used to fund plowing and winter maintenance beyond what is in the budget. A good idea as we saw last year.
The next 7 warrant articles are our Road paving articles. We actually applaude the budget committee and selectmen for breaking out each road this year into separate warrant articles. This should be fun... Leeetts geeeet reaaddddyyyy to ruuuuuummmmmmbbbbbllllllleeeeeeee!
Article 21 is the further development of the East Road Rec area! You've gotta be kidding me! Can our rec dept. take a break from shaking down the taxpayers for one friggin year? First there was the $400,000 to buy the damn land, then there was the study, then the site work done to date, now just another $80,000 friggin dollars, and we can have landscaping and walking paths! HELL NO! NOT THIS YEAR!
Recreation Cap reserve? Again HELL NO! NOT THIS YEAR! What the hell are you going to buy now?
Next we have the Woodlock Park Cap Reserve! NOT THIS YEAR! WE ARE BROKE, GET IT?
Next we have a generator for town hall. Well if the chief got one, then the town hall needs one, what the hell for? NOT THIS YEAR! People gt this through your heads, money is tight, quit asking for more!
Those damn mosquitos are going to cost us another $46,000, guess we can't avoid that one can we.
$35,000 for siding to the kimball house? Can't this wait?
Articles 27, 28, 29, and 30 all have to do with cable TV and shoudl be paid for out of the Cable Cap Reserve, which is funded by the franchise fee.
Those are the important articles, lets hear your thoughts?
Thursday, January 21, 2010
Longtime Atkinson official resigns Town moderator quits over liability expenses
From the eagle tribune;
Longtime Atkinson official resigns Town moderator quits over liability expenses
By Eric Parry
eparry@eagletribune.com
ATKINSON — After 24 years in local government, Frank Polito has resigned as town moderator and an 18-year member of the Zoning Board of Adjustment, saying he is tired of being sued by residents and can no longer afford to defend himself.
Polito's sudden resignation comes only days before he was to lead the town's deliberative session on Jan. 30. He was the town moderator for 10 years and the zoning board's chairman for the last eight years.
In the four-page resignation letter sent to the selectmen Friday, Polito cited three lawsuits he has been named in by residents as the reason why he is leaving town government.
Polito learned Jan. 11 that his personal liability insurance policy was canceled as a result of the lawsuits, with the insurance company paying $20,000 to defend him in a case that led to his computer at work being subpoenaed.
"I believe that serving as Moderator at deliberative session in 2 weeks exposes me to the risk of additional litigation and resulting personal hardship," the letter states.
Polito was one of several town officials named in a lawsuit filed in U.S. District Court. Residents Leon Artus, Gary Brownfield and Steven Lewis alleged that Polito and other town officials violated their First Amendment rights. The lawsuit specifically alleged that Polito violated Brownfield's rights by not allowing him to take photographs at the 2009 deliberative session.
The lawsuit was dismissed by a federal court judge in October, but Polito said the residents have filed a motion to retry the case in Rockingham County Superior Court.
The other two lawsuits were filed separately by residents Carol Grant and Mark Acciard. Grant's lawsuit, settled two years ago for $30,000, accused Polito and three other town officials of damaging her reputation by talking about her during selectmen's meetings in 2005.
In the third lawsuit against Polito and other town officials, Acciard, a former Budget Committee member, also claimed his reputation was damaged during public meetings.
The town's insurance company would not cover all the expenses from the lawsuits and Polito said he was forced to hire private attorneys.
"I always believed that even if I were wrongfully accused in a law suit, the Town's liability coverage for its public officials would protect me from harm," he wrote. "However, while defending myself in the first of this string of law suits, I painfully learned that the accusation of wrong doing itself, and the corresponding need to mount a strong defense, inflicts serious personal hardship."
Polito also said in the letter he is worried about the town.
"I am saddened by the events of the past three years and I am genuinely concerned about the future of Atkinson," he wrote. "I fear that there will continue to be concerted efforts by some in Town to use the imperfections of our legal system to achieve their goals. The same goals they have been unable to achieve through the Democratic process of Town Meeting."
When reached last night, Polito said he felt sad earlier this week when his daughter told him he wouldn't be serving as moderator the first time she is able to vote.
"It has been just as much as educational for my kids as it has been public service for me," he said.
An interim moderator has already been named by the Supervisors of the Checklist.
State Rep. James Garrity, R-Atkinson, was appointed on Tuesday to fill the moderator's position for the deliberative session and the March election.
Martha McDonald, one of three members of the Supervisors of the Checklist, said they asked Garrity to attend their meeting Tuesday night to see if he would serve the rest of his two-year term.
"He is a very well-liked person," McDonald said.
Selectman Bill Friel, who was on the zoning board with Polito, said his colleague served Atkinson well over the years.
"He was a great source for the town," Friel said.
Garrity said yesterday he is taking a moderator training course this weekend through the New Hampshire Local Government Center to prepare for election season.
A new moderator will be elected to a two-year term at the March election, according to Town Clerk Rose Cavalear.
Longtime Atkinson official resigns Town moderator quits over liability expenses
By Eric Parry
eparry@eagletribune.com
ATKINSON — After 24 years in local government, Frank Polito has resigned as town moderator and an 18-year member of the Zoning Board of Adjustment, saying he is tired of being sued by residents and can no longer afford to defend himself.
Polito's sudden resignation comes only days before he was to lead the town's deliberative session on Jan. 30. He was the town moderator for 10 years and the zoning board's chairman for the last eight years.
In the four-page resignation letter sent to the selectmen Friday, Polito cited three lawsuits he has been named in by residents as the reason why he is leaving town government.
Polito learned Jan. 11 that his personal liability insurance policy was canceled as a result of the lawsuits, with the insurance company paying $20,000 to defend him in a case that led to his computer at work being subpoenaed.
"I believe that serving as Moderator at deliberative session in 2 weeks exposes me to the risk of additional litigation and resulting personal hardship," the letter states.
Polito was one of several town officials named in a lawsuit filed in U.S. District Court. Residents Leon Artus, Gary Brownfield and Steven Lewis alleged that Polito and other town officials violated their First Amendment rights. The lawsuit specifically alleged that Polito violated Brownfield's rights by not allowing him to take photographs at the 2009 deliberative session.
The lawsuit was dismissed by a federal court judge in October, but Polito said the residents have filed a motion to retry the case in Rockingham County Superior Court.
The other two lawsuits were filed separately by residents Carol Grant and Mark Acciard. Grant's lawsuit, settled two years ago for $30,000, accused Polito and three other town officials of damaging her reputation by talking about her during selectmen's meetings in 2005.
In the third lawsuit against Polito and other town officials, Acciard, a former Budget Committee member, also claimed his reputation was damaged during public meetings.
The town's insurance company would not cover all the expenses from the lawsuits and Polito said he was forced to hire private attorneys.
"I always believed that even if I were wrongfully accused in a law suit, the Town's liability coverage for its public officials would protect me from harm," he wrote. "However, while defending myself in the first of this string of law suits, I painfully learned that the accusation of wrong doing itself, and the corresponding need to mount a strong defense, inflicts serious personal hardship."
Polito also said in the letter he is worried about the town.
"I am saddened by the events of the past three years and I am genuinely concerned about the future of Atkinson," he wrote. "I fear that there will continue to be concerted efforts by some in Town to use the imperfections of our legal system to achieve their goals. The same goals they have been unable to achieve through the Democratic process of Town Meeting."
When reached last night, Polito said he felt sad earlier this week when his daughter told him he wouldn't be serving as moderator the first time she is able to vote.
"It has been just as much as educational for my kids as it has been public service for me," he said.
An interim moderator has already been named by the Supervisors of the Checklist.
State Rep. James Garrity, R-Atkinson, was appointed on Tuesday to fill the moderator's position for the deliberative session and the March election.
Martha McDonald, one of three members of the Supervisors of the Checklist, said they asked Garrity to attend their meeting Tuesday night to see if he would serve the rest of his two-year term.
"He is a very well-liked person," McDonald said.
Selectman Bill Friel, who was on the zoning board with Polito, said his colleague served Atkinson well over the years.
"He was a great source for the town," Friel said.
Garrity said yesterday he is taking a moderator training course this weekend through the New Hampshire Local Government Center to prepare for election season.
A new moderator will be elected to a two-year term at the March election, according to Town Clerk Rose Cavalear.
Wednesday, January 20, 2010
Only in Atkinson...
Borrowed from the Plaistow Town Crier, who re-printed it from NHInsider. Original Author Ed Naile of CNHT. Thank you Ed, and Mr. Herrick.
Posted by Dennis Herrick on January 20, 2010 at 10:22:40:
More from Ed Naile at NHInsider.com
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Bing! Round Two II
Tuesday, January 19, 2010 at 10:58AM
Atkinson has moved a step forward in bringing some measure of balance to municipal government with the resignation of Frank Polito the now former Town Moderator.
The Jan. 2009 video from my previous post shows Polito holding court instead of being moderator. In this case he was holding the meeting hostage FOR PERSONAL REASONS instead of allowing debate and votes.
Arrogance is what brought Frank Polito to the point he thought he could stop CNHT photographer Gary Brownfield from quietly taking photos, as any other photographer or journalist would. That arrogance was fueled by one simple thing – or should I say one simpleton, Atkinson Police Chief Phil Consentino.
Consentino runs a nice little deal in Atkinson any political hack would be proud of. He has a now non-profit, but still funded by taxpayers – Elderly Affairs unit consisting of old Atkinson police cruisers outfitted with Consentino as chief driver and vote buyer.
Normally in New Hampshire, voters shy away from giving a political animal, and huge legal liability like Consentino, any more authority or plum deals like a private taxi service for the elderly, but not Atkinson.
Slowly and steadily Consentino has set up a private account for donations to his non-profit and had much of it acquired with tax dollars. He shuttles little old ladies to appointments and collects the type of gratitude that encourages a small band of Deliberative Session “voters” to do his bidding. This is why only a small handful of voters in Atkinson challenge any budget or warrant article. Atkinson is democracy spelled, R.I.C.O.
Notice in the video how in an almost unanimous fashion, self-interested voters in the Deliberative Session cover for Polito and Consentino. They actually vote to deny a gentleman the right to quietly take photos while the whole meeting is being video taped and other people take photos.
By the way, the 10 photos Gary Brownfield took are professional and absolutely non-controversial.
As you attend town and school meetings in NH this year keep an eye out for this elderly affairs scam. What looks like a good deal can be, as Atkinson proves, an opportunity for political hacks to game the system and cost their town untold sums in litigation and credibility.
Until Atkinson sheds the last remaining, in this case bald, head on its political boil it will remain the laughingstock of NH town meetings.
Posted by Dennis Herrick on January 20, 2010 at 10:22:40:
More from Ed Naile at NHInsider.com
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Bing! Round Two II
Tuesday, January 19, 2010 at 10:58AM
Atkinson has moved a step forward in bringing some measure of balance to municipal government with the resignation of Frank Polito the now former Town Moderator.
The Jan. 2009 video from my previous post shows Polito holding court instead of being moderator. In this case he was holding the meeting hostage FOR PERSONAL REASONS instead of allowing debate and votes.
Arrogance is what brought Frank Polito to the point he thought he could stop CNHT photographer Gary Brownfield from quietly taking photos, as any other photographer or journalist would. That arrogance was fueled by one simple thing – or should I say one simpleton, Atkinson Police Chief Phil Consentino.
Consentino runs a nice little deal in Atkinson any political hack would be proud of. He has a now non-profit, but still funded by taxpayers – Elderly Affairs unit consisting of old Atkinson police cruisers outfitted with Consentino as chief driver and vote buyer.
Normally in New Hampshire, voters shy away from giving a political animal, and huge legal liability like Consentino, any more authority or plum deals like a private taxi service for the elderly, but not Atkinson.
Slowly and steadily Consentino has set up a private account for donations to his non-profit and had much of it acquired with tax dollars. He shuttles little old ladies to appointments and collects the type of gratitude that encourages a small band of Deliberative Session “voters” to do his bidding. This is why only a small handful of voters in Atkinson challenge any budget or warrant article. Atkinson is democracy spelled, R.I.C.O.
Notice in the video how in an almost unanimous fashion, self-interested voters in the Deliberative Session cover for Polito and Consentino. They actually vote to deny a gentleman the right to quietly take photos while the whole meeting is being video taped and other people take photos.
By the way, the 10 photos Gary Brownfield took are professional and absolutely non-controversial.
As you attend town and school meetings in NH this year keep an eye out for this elderly affairs scam. What looks like a good deal can be, as Atkinson proves, an opportunity for political hacks to game the system and cost their town untold sums in litigation and credibility.
Until Atkinson sheds the last remaining, in this case bald, head on its political boil it will remain the laughingstock of NH town meetings.
Subscribe to:
Posts (Atom)
