Eagle Tribune Editorial

March 3, 2013

Anonymous The Eagle-Tribune The Eagle Tribune Sun Mar 03, 2013, 12:05 AM EST

Police officers have been in the news recently, and not for nabbing criminals. In some cases, the police themselves are accused of criminal behavior.
In Lawrence, a police officer was arrested last week and will face charges in Florida of raping a child.
In Haverhill, a police officer was charged with stalking his estranged wife and her date.
And in Atkinson, selectmen fired their longtime police chief after a month-long investigation. Town officials would not elaborate on their reason for firing Chief Philip Consentino, other than to issue a statement that it “relates to his employment.” Consentino’s lawyer said the firing was not over a criminal issue.
There have been many incidents of police misbehavior over the years. But to have three in just one week is unusual and troubling. We should expect better from these public servants.
Lawrence Officer Carlos Gonzalez was attending a class at the Massachusetts School of Law in Andover when city police and detectives from Haines City, Fla., arrested him. Gonzalez was arraigned Thursday in Lawrence District Court for sexual battery by a custodian on a person over age 12 and under age 18 and selling, delivering or serving alcohol to a minor. The alleged assault happened last July while Gonzalez was vacationing there.
Gonzalez, 48, a 24-year veteran of the Lawrence police, will return to Florida to face the charges.
In court for Gonzalez’s arraignment was police Officer Daron Fraser, who is facing assault charges after “belly-bumping” a superior officer at the police station just three weeks after returning from 29 months of paid leave while he was charged with and convicted of assault on his then-girlfriend.
Including Gonzalez and Fraser, there are now four Lawrence police officers on paid leave while facing criminal charges. Deputy Chief Melix Bonilla and officer P.J. Lopez were indicted in September for felony offenses.
In Haverhill, Patrolman Victor “Manny” Pellot was arrested after he allegedly chased his estranged wife and her date through the city and down Interstate 495. Police say that Pellot, who was driving his personal vehicle, at one point pulled his car in front of the couple’s vehicle, walked to it and punched the side-view mirror while yelling at his wife.
According to a police report, Pellot and his wife are in the process of divorcing.
Pellot was arraigned on two counts of stalking. He pleaded not guilty.
In 2004, Pellot had been demoted and was nearly fired for being present in uniform in 2002 and 2003 during illegal drug sales at his cousin’s house.
Pellot has also been commended several times in his career, including once for saving an 83-year-old woman from a burning building.
We expect better from our police forces and we do hold them to a higher standard. We give police officers guns and badges and ask them to swear an oath to uphold the law. That’s a extraordinary level of trust for a free people to grant. Those of us who respect the law also respect those we trust to uphold it.
When police officers violate that trust, they lose that respect. We cannot tolerate law breaking by those sworn to uphold the law.

Atkinson Police Union endorses acting Chief

By Alex Lippa alippa@eagletribune.com The Eagle Tribune Sat Mar 02, 2013, 12:13 AM EST

ATKINSON — Members of the Atkinson Police Association know who they want as their next police chief: acting Chief Patrick Caggiano.
Caggiano was named acting chief Wednesday night after selectmen voted to fire longtime Chief Philip Consentino.
Before Caggiano could settle into his new role, the union endorsed him for the permanent job.
He’s not the only one settling into a new role. Town Manager William Innes has taken on the role of elderly affairs director — temporarily.
After 45-year veteran Consentino was fired, selectmen moved to fill his two roles with existing employees.
But the 15 union members want the word interim removed from Caggiano’s new job title.
“His skills are unmatched and he has an extensive knowledge of the profession,” Detective Nicholas Fiset said. “We recognize how good of a teacher and leader he has been.”
Consentino was a part-time chief, working 25 hours a week.
It’s possible the next chief will be full time, but that would require a Town Meeting vote. It’s early in the process. Consentino emailed selectmen Tuesday evening to announce his intention to retire April 2.
Selectmen men the next night and fired the chief, citing the results of an independent investigation into a personnel matter.
It’s been a busy week.
“There has always been discussion about making it full-time,” Selectmen’s Chairman Fred Childs said yesterday. “But we haven’t decided what we want to do yet.”
No one knows whether Caggiano would be interested in a part-time position; he didn’t return several phone calls yesterday.
“I don’t know if he would want a part-time or full-time job,” Fiset said. “The entire body feels he would be an excellent police chief, whatever fashion that is in is something that would have to be figured out.”
How long Caggiano could serve as acting chief isn’t clear.
But Innes said he only intends to lead elderly affairs for 90 days. While he does, he said, he plans to fully explore how the department operated under Consentino.
“The organization was a political base that was built and exploited in the past,” Innes said. “I just want to ensure that that there is a code of ethics in place that defines the roles and responsibilities of the director and drivers of organization. I haven’t been able to find a document that says what the elderly affairs department does.”
Innes said the salary and the hours of the future director have not been discussed just yet. Consentino was earning $100 a year during his tenure as director.
The elderly affairs department had previously things like buy cigarettes and groceries for older residents, Innes said, something he would like to eliminate.
“That’s not the role of the department,” Innes said. “The role of the department is to ensure the seniors in town have transportation to medical appointments and for some other things which need to be defined.”
The elderly affairs budget this year was $44,500, most of which to pay drivers, gas and maintenance.
The department also used about $30,000, Innes said, from an independent charitable fund run by Consentino. Innes said he hopes to create a new fund for those purposes, records of which could be kept by the town.
“I want to create an environment where money is being appropriated in the right account in town,” he said. “If donations that came into the charitable account now come into a town account, we will be able to provide similar services.”
In the meantime, Innes said they would be using money from the general assistance fund. The 2013 proposed budget calls for the fund to have $14,400.
Innes said he would also look into separating elderly affairs from the police department.
“By separating this out, we can figure out exactly what funding we need in the police department and what kind of funding we need with elderly affairs,” Innes said. “There are a lot of things in the departments that we don’t have a handle on right now because of the way it was being run.”
Innes wants to bring seniors into the process and plans to hold an open forum in the upcoming weeks to learn exactly what they expect from the department.
“I don’t want to do this without them,” he said. “I want to know what works and what doesn’t work. I want to know what they’d like to see changed. I want them to have involvement and input so the department can meet the needs of all of our seniors.”

Police Chief fired after independent investigation.

Selectmen cite results of independent investigation

By Alex Lippa alippa@eagletribune.com

ATKINSON — Just one day after longtime police Chief Philip Consentino announced he would be retiring, selectmen voted to fire him, citing the results of an independent investigation.
Selectmen voted unanimously in a nonpublic meeting Wednesday night to fire Consentino, 72, as police chief and elderly affairs director.
“The termination is effective immediately,” Town Administrator Bill Innes wrote. “Mr. Consentino is no longer a town employee.”
Consentino, who had been with the department for 45 years, announced in an email Tuesday night that he would be retiring April 2, citing health reasons.
He was not asked to attend the meeting Wednesday.
Selectmen made the decision to fire the chief after reviewing the results of an investigation into a personnel matter, they said in their statement.
Consentino was put on paid administrative leave from both positions Feb. 5, pending an investigation by an independent consulting firm, selectmen said.
After the board reviewed that firm’s report, selectmen decided it was “appropriate” to fire Consentino, according to the statement.
“Whereas the subject matter related to Mr. Consentino’s termination relates to his employment,” they wrote, “it is confidential and will be kept confidential.”
Only one of the three selectmen returned phone messages yesterday.
“This decision was taken really seriously,” Selectman Todd Barbera said. “This is not something we take lightly.”
Neither Innes nor Barbera would comment on the circumstances that led to Consentino’s firing.
Mark Giarrusso, Consentino’s attorney, said yesterday it was not a criminal issue, but would not elaborate further.
“We haven’t gotten anything official in writing,” Giarrusso said. “We have to find out why they are doing this and we will take it from there.”
Phone calls to Consentino yesterday were not returned.
Selectmen named Sgt. Patrick Caggiano as acting police chief. Innes will serve as acting director of elderly affairs.
Caggiano said the department did not wish to comment on the situation.
Innes said the decision to vote to fire Consentino in nonpublic meeting is allowed under RSA 91 -A:3. The RSA says, “Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting.”
Giarrusso said town attorney Sumner Kalman called him yesterday morning to inform him of the selectmen’s decision. Consentino had not seen the independent report, according to Giarrusso.
“I don’t know why they took this step,” he said. “He wanted to leave gracefully. He wanted no bad feelings with the town.”
Consentino was frustrated with the town’s decision to put him on administrative leave, Giarrusso said.
“I don’t think there were sufficient enough details provided to (Consentino) to do that,” he said. “He was very surprised by that.”
Giarrusso said Consentino had been mulling retirement for several weeks. The attorney said he didn’t know whether Consentino had decided to retire before or after he was put on leave.
“He wanted to keep his health coverage until April,” Giarrusso said. “He wanted to have retired sooner, but he couldn’t financially.”
Consentino is a part-time employee, who earns less than $30,000 a year. He would not have been eligible for retirement benefits even if he had not been fired.
Consentino was hospitalized over the weekend, due to chest pains and shortness of breath, according to Giarrusso. He took a two-month medical leave in 2011.
Selectmen’s Chairman Fred Childs, Selectman Bill Friel and Kalman did not return phone calls.

Consentino FIRED as Atkinson Police Chief

By Alex Lippa alippa@eagletribune.com The Eagle Tribune Thu Feb 28, 2013, 09:48 AM EST

ATKINSON— Selectmen announced this morning the firing of longtime police chief Phil Consentino.
Town Administrator Bill Innes released a statement from the Board of Selectmen saying they took the action at a meeting Wednesday night.
Selectmen said Consentino’s dismissal was “for cause,” job related and followed an independent investigation.
The dismissal came a day after Consentino announced he would be retiring.
Selectmen said they would have no further comment on the dismissal.
Sgt. Patrick Caggiano will take over as acting police chief immediately. Innes will be the town’s acting director of elderly affairs.

Chief placed on leave earlier

Selectmen mum on reasons, surprised by announcement

By Alex Lippa alippa@eagletribune.com The Eagle Tribune Thu Feb 28, 2013, 12:13 AM EST

ATKINSON — A day after police Chief Philip Consentino announced his retirement, selectmen were still tight-lipped about the situation.
Selectmen’s Chairman Fred Childs said Consentino, 72, was placed on administrative leave two weeks ago.
Childs would not discuss details of that action.
Consentino emailed his retirement announcement to selectmen Tuesday. He cited health reasons for his decision to retire April 2 after 45 years on the force.
He also is retiring as director of elderly affairs, a department he established and has led for some 20 years.
But Childs said he learned about Consentino’s retirement yesterday morning.
“I was surprised when I read it in the newspaper,” he said.
Selectmen had scheduled a nonpublic meeting with Consentino last night, Childs said, but he wouldn’t offer any details about the purpose of the meeting. He did say that meeting was scheduled Monday, a day before Consentino announced his retirement.
Sgt. Patrick Caggiano has been in charge of the police department since Consentino was placed on leave, according to Childs. At the police station yesterday, department employees said Consentino was not expected in.
“The chief is retired,” dispatcher Lynne Cunningham said when asked. “He is not expected to be back.”
It was not clear who was running the elderly affairs department in the interim.
Childs said it was too early to discuss the process for finding Consentino’s replacement for both positions.
Town Manager Bill Innes said yesterday he, too, was surprised to learn of the chief’s retirement plans. He refused to comment on why Consentino was placed on administrative leave.
Consentino’s tenure has been marked with controversy, including complaints to and an investigation by the Charitable Trusts Unit of the Attorney General’s Office in 2008.
But Consentino has his supporters as well. Many senior citizens said yesterday they were upset to learn about Consentino’s retirement.
“I’ve been dreading the day that this man retires,” said Ellen Muller, 73. “He’s done wonders for the town and for me.”
And many seniors are worried about the future of the elderly affairs department.
“We are all worried that the selectmen will not honor the legacy and the standards that he has established,” said Kay Galloway, 73.
For others, shock was the first reaction.
“I was surprised to hear that he would be retiring,” said Connie Bartlett, 73. “He’s been a part of this town for so long.”
Selectmen Bill Friel and Todd Barbera, and town attorney Sumner Kalman did not return phone messages yesterday.

Consentino Resigning? Could it be?

The Talk in the Town Hall is that Long time, controversial police chief Philip Consentino may be retiring soon. At over 70 years old, this should have been expected, but the rumors are that this one is not totally by choice. Sources form inside law enforcement were overheard laughing about Consentino's latest foibles, There are rumors of a threatened lawsuit, although the details are being closely held. We will endeavor to keep you posted. One can only wonder what this latest threat could be, given his uncanny ability to enlist his good works with Elderly affairs to provide cover for his shenanigans as police chief in years past. His career as chief in Atkinson began ignominously with an accusation of improper use of funds, that blew up into a six year lawsuit with former selectman Wayne Peak. Then there were legal issues with his officers, labor relations cases with his officers, accusations of union busting during their organization drive, The infamous "Town that hates halloween" story made national news after his boneheaded comment that "his men" will turn cars with Mass. plates around at the border. Illegal, but that is nothing new for chief. Then there were more labor relations suits, his conflict of interest issues, his sleight of hand with donation funds, his conflicts between his numerous hats, his willful disobeying of Court Orders. Yes, Phil's tenure has been both expensive for the Town, and colorful. To the best of our knowledge he is the only part time chief in the state to be found in contempt of court, and to have pleaded the Fifth over 20 times on the witness stand. We can't wait to see what new chapter Phil will add to his legacy.

Candidates file for town, school offices in N.H.

Staff reports The Eagle Trubune

Contested races for town and school posts in some towns are about as few and far between as snowstorms have been this winter.

Other towns, including Atkinson and Derry, will have plenty of choices on the ballot next month.
Candidates in almost all towns and school districts had until 5 p.m. yesterday to file paperwork to get on the ballot for local elections March 12.

Atkinson
Atkinson has a three-way race for a three-year selectmen’s seat.
Incumbent Selectman Fred Childs is being challenged by William Baldwin and Craig Schuster, both of whom ran unsuccessfully last year.

Incumbent road agent Edward Stewart wants another two-year term, but he’s being challenged by Brian Klimaszewski.

Jean Sanders will try to unseat incumbent cemetery trustee Kathleen Friel for a three-year term.

Michael Turell is running unopposed for a three-year term as treasurer.

Incumbent Raymond Fournier is being challenged for a three-year term on the Conflict of Interest Committee by Jean-MacMillan Foley. Jean Sanders is running against incumbent Joyce LaFrance for a two-year term on the committee. No one filed for a single one-year term spot.

Harlan Cheney and incumbent Budget Committee members Bill Smith and Susan Carroll are vying for two three-year terms.

There’s a race for library trustee, too. James Cobb, Timothy Dziechowski and incumbent Alan Phair are seeking two three-year terms.

Incumbent Adele Dillon is unopposed for a one-year term as checklist supervisor.

Incumbent Helen Galloway is unopposed for a three-year term as trustee of trust funds.