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Sunday, August 24, 2008

Atkinson police chief weathers another storm

From the Eagle Tribune

Atkinson police chief weathers another storm
By Jo-Anne MacKenzie
jmackenzie@eagletribune.com

ATKINSON, N.H. — Police Chief Philip Consentino may be a little bruised, but he has survived the latest in a round of attacks, this one focused on his handling of various police donation accounts.

A 40-year veteran of the Atkinson Police Department, a former three-term selectman and the director of elderly affairs for the town, Consentino has long drawn criticism for a perceived free-wheeling approach to governance and has been accused of using his authority to stifle detractors.

But he has his supporters, too, chief among them senior citizens who have benefited from his single-minded goal of taking care of older residents who are struggling with finances or health care issues.

In his role as elderly affairs director, Consentino has seen to it that someone who needs a wheelchair ramp gets one. Seniors who need a ride to a doctor's appointment in Boston only need call Consentino and they will get there. An older resident intimidated or embarrassed by the thought of applying for welfare can call the chief and get the money necessary to keep the lights on or the furnace running.

And Consentino says he provides that help willingly — and legally.

Detractors claim Consentino has had too much control over too many accounts for too long. Some residents filed complaints with the Charitable Trusts Unit of the attorney general's office. That office conducted a three-month "inquiry" into the questions raised and summarized its findings in a letter Aug. 5 to selectmen and Consentino.

The letter outlined three primary "challenges" the state found with regard to Consentino's dual role as police chief and elderly affairs director and the oversight of police donation accounts: "governance, transparency and accountability."

While acknowledging the benefits older residents have reaped over the 14 years the town has had a director of elderly affairs, the state said, "It is our opinion the current method of administering these funds is not in compliance with New Hampshire law and must therefore be brought into compliance."

Those findings sparked a fire storm of criticism against Consentino on an Atkinson blog and in the comment section on The Eagle-Tribune's Web site. Many of those who posted comments called for Consentino's removal and applauded those critics who question his tactics and demeanor.

But those critics are, and have been, mostly anonymous. In fact, the anonymity of those residents who registered complaints with the attorney general's office is protected under the state's Whistleblowers' Protection Act.

While Consentino has said the whole brouhaha is the work of one individual, the state, in its letter, spoke of "numerous inquiries from individuals and the press."

Terry Knowles of the Charitable Trusts Unit addressed five accounts: the Atkinson Police Department Equipment Fund, the Senior Donation Fund, the Life Is Not Done Group, the DARE Fund and the Police Fund.

But Consentino countered there were just three accounts: the Atkinson Police Department's Donation/Equipment Fund, the DARE Fund and the Special Senior Fund.

He said in a letter of response to the state and in an interview last week that the DARE Fund had a balance of $33, the Special Senior Fund just $30 and the donation/equipment fund $19,700. He said Life Is Not Done is an individual benefactor who calls him and asks where there's an unmet need and fills it. The Police Fund does not exist, according to Consentino.

He said Knowles agreed Life Is Not Done is not subject to state law. Several requests to Knowles for verification of that were not answered.

Tomorrow night, Consentino said, he will appear before selectmen and ask them to authorize closing the DARE Fund and the Senior Fund. He also will ask them to authorize transferring the $19,700 in the donation/equipment fund to a new nonprofit organization formed last week, the Atkinson Police Charitable Fund.

Knowles acknowledged Thursday that Consentino and others traveled to her office in Concord on Wednesday and registered that new group there and with the secretary of state's office as a nonprofit charitable organization.

That was one of two solutions Knowles suggested: Put control of the funds under the Trustees of the Trust Funds or form a nonprofit organization. Consentino opted for the latter.

"That resolved all questions regarding these accounts," Consentino said Thursday. "We have complied with everything she has requested."

There's a heavy police presence on the new group's board of directors: Consentino and police Officers William Anderson, Roger Culliford, Richard Magoon and Robert Neill.

The bulk of the money is raised through an annual solicitation letter, previously written on police letterhead. Consentino said that letter will now be sent out by the new nonprofit group. He estimated annual donations total between $9,000 and $14,000, expenditures between $6,000 and $7,000.

The expenditures go for a variety of things, ranging from an estimated 1,300 birthday cards to specialized wheelchairs, walkers and flower arrangements for funerals. Consentino said elderly affairs budgets about $24,000 a year for senior transport. But, he is quick to point out, repairs to cruisers, GPS units and the like are paid for through the donation account.

Since being appointed elderly affairs director some 14 years ago, Consentino said, he has never been paid a penny for his work. He estimated he donates 15 to 20 hours a week to that program.

He is a part-time chief, limited to 25 hours a week in that role. He said he is the lowest-paid member of the Police Department, with an annual salary of approximately $21,000. He said he refused a raise this year and has turned down longevity pay as well.

"There is nobody more aboveboard than I am," he said.

Consentino is a big man, and he casts a big shadow over this bedroom community of some 6,600 residents. And there are those residents who believe that shadow is too large, his control too great.

The state, too, expressed concern over Consentino's dual roles as police chief and elderly affairs director. In her letter Knowles wrote, "It is difficult to ascertain where the office of police chief begins and the officer of director of elderly affairs ends and vice versa."

She recommended selectmen study the elderly affairs position and, if they choose to retain it, draft guidelines for appointment to the job and its responsibilities, and make clear the separation between that job and that of police chief.

Several inquiries to Knowles, asking whether she would be comfortable with Consentino remaining in both positions, were not answered.

However, Consentino said Thursday that once Knowles learned he was not paid as director of elderly affairs, she had no problem with his dual roles.

"As long as there are separate budgets, she seems perfectly happy with that," he said. "All agencies seem to be happy."

The question remains whether Consentino's critics will be happy with the resolution to the latest dispute.

"It's terrible people think we're hiding money all over the place with all these special accounts. Hopefully, we can put it behind us and move forward," he said. "It's a shame it had to come to this, but that's life."

20 comments:

Anonymous said...

Last week, in writing (read the 8/5 letter to the AG)), Concentino said "The other two (2) accounts that you made mention to do nor exist. The Police Fund and the Life is Not Done Group do not exist." Now he's saying the Life is Not Done Group is a private slush fund. Sorry, this explanation is not good enough for me. He claims the Police Fund does not exist. It is distinctly referred to in the 2007 Town Report, distinctly different than the Police Equipment/Donation fund. You can tell because he states different amounts were donated to each.

The funds exceed the upper boundaries where the IRS and AGO MUST have reporting, annually. NONE of this was done for 14 years!

However, Consentino said Thursday that once Knowles learned he was not paid as director of elderly affairs, she had no problem with his dual roles.

"As long as there are separate budgets, she seems perfectly happy with that," he said. "All agencies seem to be happy."

WE are not satisfied with this!

This is totally outrageous and I for one will NOT sit by and let this continue.

Atkinson-Factor said...

This sounds just like when he was selectman voting on police matters. So wrong, and yet he says there is nothing wrong with it. This guy keeps doing whatever he wants with disregard to the citizens of Atkinson.

Anonymous said...

The answer is NO. As one of his long time critics, I am NOT happy with this.

He cannot head up a non-profit and have people that work for him at the PD on the board. It is a blatant conflict of interest.

Secondly, he should be removed from at least one of these positions.

Fishgutz said...

First.
The Charitable fund should not have any reference to POLICE or Law Enforcement.
No members of the police department should be allowed to participate in any manner due to the intimidation factor, intended or not, when the POLICE solicit donations.
Of course the seniors that depend on Phil are going to support him. They have learned not to bite the hand that feeds them.
The fact that Phil is only part time is his own doing. He has failed to do what is necessary to be certified for full time duty and thus full time pay.
Still, the position is about power for Phil.
Even as a kid it was obvious that he was full of himself and the power the badge gave him.

Anonymous said...

Registering with the state as a "non-profit corporation" is the easy part. You can do the paperwork yourself, in about 15 minutes.

The hard part is getting IRS approval and the coveted 501(c)3 exemption recognition. This requires filing a 28 page application, and about 25 pages of supporting documentation, including; A letter from a Lawyer or CPA, with experience with charitable organizations that your purposes will likely fall within the IRS rules. The organizations, By-Laws, and their CODE OF ETHICS POLICY! Without this you will not get approved.

The problem with the proposed set up for the town is that there is a lack of accountability now, in these funds, removing them from selectmen control, and town reporting will only make them LESS transparent, NOT MORE.

There is STILL the inherent conflict of having people with a badge and a gun, soliciting funds from people to spend those funds on a small segment of the towns population, without the light of day, to keep everything above board.

Anonymous said...

Maybe, just maybe some of the Chief's quotes were paraphrased and Terry did not actually say what he claimed she said - 1) that the Life is Not Done Group does not have to register with the State and 2) she is Ok with the fact that he run the fund given he is not paid.

Well duh. Non-profit charitable orgs are usually run by people who are not paid. AND, the donations HAVE to be disclosed, so someone ask for a copy of the donation record at the Town office.

We shall see. Terry is on vaca but can get her email.

If you think you still have misgivings, call the AGO Criminal Bureau (603) 271-3671

email them at

investinfo@doj.nh.gov

For other information go to the NH Dept of Justice website at

http://doj.nh.gov/

Anonymous said...

I sent a formal request to the IRS for an inquisition into the town and the police dept. Thanks for the documents posted on line.

Anonymous said...

I requested a copy of the conflict of interest statement the Chief HAD to file with Terry.

I sent all the documents to the IRS for audit purposes.

I refuse to give up while Phil Consentino is still around.

Have a nice day.

Anonymous said...

Memo to self:

Don't forget to ask the IRS to investigate the people on the board of the NEW non-profit organization too!

(that is, after the town officials have been audited)

Anonymous said...

So people....the Fire Association and Friends of the Library still accept donations. When was the last time you ever saw a list of expenditures of either organization? Answer....never. They don't have to, because they are non-profit.

This really is going backwards, and I agree. Phil got by another one. Moreover, I'm not sure the Selectmen will have any say at all....and I'm not sure that public hearings will be required any more. FD never does. I'm not challenging the FD. They're honest.

Anonymous said...

I, like many here, look forward to a close examination of how these accounts have been mishandled. But listen to how silly this sounds:

"Don't forget to ask the IRS to investigate the people on the board of the NEW non-profit organization too...(that is, after the town officials have been audited)."

Yeah, right, the IRS is going to drop everything and send agents to do investigations of the people on Phil's new board. Come on people, let's try to keep our feet on the ground here, this makes it look like we're a bunch of 12 year-olds who don't know how government works.

Anonymous said...

I, like many here, look forward to a close examination of how these accounts have been mishandled. But listen to how silly this sounds:

"Don't forget to ask the IRS to investigate the people on the board of the NEW non-profit organization too...(that is, after the town officials have been audited)."

Yeah, right, the IRS is going to drop everything and send agents to do investigations of the people on Phil's new board. Come on people, let's try to keep our feet on the ground here, this makes it look like we're a bunch of 12 year-olds who don't know how government works.

Anonymous said...

there are purposes that the selectmen can spend this donation money for, is giving it all away one of them?

Maybe we should all go to the public hearing on this and voice our opinions on the matter.

Anonymous said...

If the IRS or the AG decide to audit the past handling of these accounts and see anything questionable, the people involved will be investigated. It is not silly but likely if they find issues.

Anonymous said...

The fact there are separate budgets between the PD and Elderly Affairs is not sufficient - IT IS THE SPENDING of money that is the problem.

The last article on the misappropriation of Tax Dollars makes the clear point that obviously, our tax dollars are funding the excessive use of town resources for Elderly Affairs.

I agree the question that must be answered is: how did we pay for 1600 rides on a $19,000 budget?

I'd like to see the factual budgetary expenditures proving how all these rides were paid for.

Anonymous said...

This administration is spending $10 billion a month in Iraq; do you think there are a bunch of agents or investigators hanging around the IRS or AG's office looking for something to do because they're bored?

I love that someone pressed the AG into doing something on this, but let's not get too crazy about how much time they're going to spend on Atkinson. Remember, the main problem here is that we have two selectmen sitting on their hands because they're terrified to actually question Consentino about anything and allow him to run amok around the town without any adequate oversight.

Why should they spend thousands of dollars to investigate a charity board when we have a non-functioning government not doing its job?

It's up to the citizens of this town to continue to press and demand for accountability regarding our local chief and PD.

Anonymous said...

To Mark Acciard:

It just my humble opinion, but who is going to show up at a meeting to question Consentino?

We all know why your car was vandalized and it wasn't the work of teenagers. There are only 3 people in town that have the motive to do this to you.

So to go and question Consentino? The Gestapo/terror tactic was to use you and damage your personal property so the rest of us would be intimidated.

I find the timing of the vandalism interesting - right at the same time people are getting up in arms about this financial scandal. So now, I think even more so, people will hesitate to go to such meetings and speak out. Just my opinion and I hope I am wrong.

Fishgutz said...

No matter how intimidating the Chief may try to be, he can only succeed if people of goodwill do nothing.
So far it seems the only people supporting Phil are those who benefit in some way by that support.
I hope Mark's example inspires others to stand up and be counted among those who are fed up.
Some remain silent because Phil has not harassed them yet. "YET" being the operative word.
I wonder if he even has someone recording plates of visitors to those who have spoken out.

Anonymous said...

I for one am gratefully none of the residents of this town ever(or people like us) never fought in the revolutionary War. We would all be flying the British flag now. These were men and women that risked EVERYTHING for a better life! Not just a speeding ticket or a vandalized car.
This is New Hampshire, remember what is on your license plates. Yep live free or die, now that is giving up a bit in MHO.
Phil is nothing but a bullier gone wild. We are enablers to allow this to go so far. He not only intimidates some of us but illegally spends or money.
It behoves me that we in New Hampshire have some great rights to protect our self and property but almost no recourse against these king of actions by the Chief..

Anonymous said...

Speaking of auditors...perhaps the Selectmen should go out to bid for a new one. As I recall, Phil one mentioned that our present auditors had okayed the funds. Auditors are supposed to know the laws. Ours either didn't, or chose to slide over the funds because it was easier than fighting.

In either case, we need new auditors.

The bid proposal should include a last sentence that says "The Selectmen reserve the right to award the contract to the company which they believe will best serve the interests of the town." Forget the low bid stuff.