Anonymous said...
Article Submission.
AGO lays down the law! Read the latest letter to the town regarding the illegal funds AND other tidbits.
August 5, 2008
BOARD OF SELECTMEN
TOWN OF ATKINSON
21 ACADEMY AVENUE
ATKINSON, NH 03811
CHIEF PHILIP V. CONSENTINO
ATKINSON POLICE DEPARTMENT
PO BOX 321
ATKINSON, NH 03811
Re: Atkinson Police Department Donated Funds
Dear Board of Selectmen and Chief Consentino:
The Charitable Trusts Unit has received numerous inquiries from individual citizens and the press regarding certain private donations given to the Atkinson Police Department, held by the Town of Atkinson, and expended by Chief/Director Consentino. Our office conducted a three-month inquiry into the questions raised and that process has now been concluded.
The purpose of this letter is to present the Board of Selectmen and Chief Consentino with a report of our findings based on four components: background information, our understanding of the solicitation process and the method of administering the private donations, state law relating to charitable solicitation, and our recommendation for resolving the administrative challenges going forward.
Background
Philip V. Consentino is the Chief of Police for the Town of Atkinson.
Philip V. Consentino is the Director of Elderly Affairs for the Town of
Atkinson.
The position of Director of Elderly Affairs was created by the Board of Selectmen in 1994 in response to concerns expressed by Chief Consentino relating to the health and wellbeing of the elderly residents of the town. Chief Consentino was subsequently appointed Director of Elderly Affairs. Although Philip Consentino holds two distinct positions in the Town of Atkinson our findings indicate the office of Chief of Police and the office of Director of Elderly Affairs function as a single unit with no discernable administrative or organizational separation. The dual role situation has caused some confusion and concern among town residents.
Solicitation and Administration of Donations
Each year Chief Consentino conducts a donation drive directed to town residents utilizing Atkinson Police Department letterhead. Donors are instructed to send their checks to the A.P.D. Equipment Fund, c/o Atkinson Police Department, PO Box 321, Atkinson, NH 03811. The solicitation material informs donors their funds may be used for various purposes and programs including but not limited to equipment for the Atkinson Police Department, books for the library, ice cream and candy for students, the D.A.R.E. program, and assistance to the town's elderly citizens. Although the solicitation material asks for checks to be made payable to the A.P.D. Equipment Fund the donations are in fact held by the Atkinson Town Office in several specific funds including the "Senior Donation Fund", the "Life is Not Done Group", the "Police Department Equipment Fund", the "D.A.R.E. Fund", and the "Police Fund". The authorization to expend these funds is granted (or denied) by a vote of the Board of Selectmen upon request of Chief Consentino.
State Laws Pertaining to Charitable Solicitation
The solicitation of donations for public or charitable purposes is a strictly regulated activity in the State of New Hampshire. Organizations recognized by the Internal Revenue Service as exempt under section 501(c)(3)of the Internal Revenue Code, professional fundraisers/telemarketers, and municipalities all have the legal ability to ask members of the public for charitable donations, however, there are specific state and federal requirements that must be followed by the soliciting entity in each case.
The acceptance and administration of private gifts, grants, donations, bequests, and devises by towns and cities in New Hampshire is a bifurcated process under the NH Statutes. While voters may, through an article in the annual town warrant, vote to authorize the Board of Selectmen to accept gifts, grants, donations, etc. in the name of the town the actual administration of these private donations is under the legal authority and control of the duly elected Trustees of Trust Funds and not the Board of Selectmen nor the Town Treasurer. The Trustees of Trust Funds function as fiduciaries and are legally bound to follow the donor's wishes in making distribution from any particular fund. The Trustees of Trust Funds are accountable to the Attorney General, the Department of Revenue Administration, and the citizens of their town for the proper execution of their duties and responsibilities.
Administrative Challenges
There are three challenges in the present situation in Atkinson:
governance, transparency, and accountability. While we recognize the donations made over the past fourteen years have improved the lives of many citizens in Atkinson it is our opinion the current method of administering these funds in not in accordance with New Hampshire law and must therefore be brought into compliance.
Governance
Philip V. Consentino holds two public offices in the Town of Atkinson:
Police Chief and Director of Elderly Affairs. Because there appears to be no
separation of administrative or organizational function between the two offices it is difficult to ascertain where the office of Police Chief begins and the office of Director of Elderly Affairs ends and visa versa. We have found no documentation describing of the duties and responsibilities of the Director of Elderly Affairs in either the Statutes or in the Town of Atkinson. While it may be desirable to have one or more individuals responsible for serving the needs and interests of the elderly population in Atkinson, if public or private funds are involved the process must be transparent pursuant to RSA 91-A and the individual(s) appointed to serve accountable to the public for their activities. It is our recommendation the Board of Selectmen reexamine the position of Director of Elderly Affairs and, if the Board decides to retain the position, to then draft guidelines specifying the criteria for appointment to the position of Director, draft and adopt written documentation detailing the duties and responsibilities of the position including internal controls and an annual reporting mechanism, and develop a process for choosing the projects to be funded from the donations received. Because the function and accountability of the two positions are distinct the Selectmen must implement a clear separation between the duties of the Police Department and the duties of the Director of Elderly Affairs no matter who holds the position of Chief or Director.
The five funds presently held in the Atkinson town office, the "Senior Donation Fund", the "Life is Not Done Group", the "Police Department Equipment Fund", the "D.A.R.E. Fund", and the "Police Fund" are not currently being administered in accordance with the law, however, the situation may be corrected as follows: The purpose and total dollar amount in each fund must be identified and committed to writing. Once the purpose and amount of each fund has been documented it will be necessary to transfer custody the funds and the documentation to the Trustees of Trust Funds for the Town of Atkinson for administration. The supporting documentation should contain specific instructions on how, when, and by whom disbursements from each fund will be authorized.
Transparency
The situation as it presently exists may lack the transparency required of all
public officials appointed or elected to a municipal position in New Hampshire. For example, we have been unable to determine the criteria used in selecting or rejecting those projects and/or individuals who receive or fail to receive payments from the various funds. Although the Selectmen vote to authorize generally the distribution of money from the five funds it appears the Police Chief and/or the Director of Elderly Affairs has full discretion in selecting the projects and/or individuals that receive distribution from the funds. We recommend the current system be reviewed by the Board of Selectmen with the aim of creating a process that provides greater public disclosure and transparency.
Accountability
The Trustees of Trust Funds are required to file an annual report of their activities with the Attorney General, the Department of Revenue Administration, and their town or city. In order to promote greater transparency and accountability we recommend an annual report detailing the financial activity of each of the five funds referred to earlier in this letter be prepared and distributed by the Police Chief/Director of Elderly Affairs to the Board of Selectmen and the general public. This report should contain information pertaining to the amount of income received by each of the funds, the name, amount and purpose of the payments made to each project and/or individual from each fund, any administrative expenses charged, and the balance remaining in each fund at the end of the year. The Selectmen may decide whether or not to include this report in the annual town report.
This letter is not designed to diminish in any way the generosity of the citizens of the Town of Atkinson nor the good works this program has accomplished over the past fourteen years (former Attorney General Philip McLaughlin complimented the project and its benefit to the elderly of the town in an April 8, 1999 letter to all Police Chiefs) but the program does have a number of significant legal deficiencies that must be addressed going forward. By this letter we are asking the Chief of Police and the Board of Selectmen to review our recommendations and to take the actions necessary to bring the current situation into compliance with New Hampshire law.
I will look forward to hearing from you.
Very truly yours,
Terry M. Knowles
Assistant Director - Charitable Trusts Unit
Dept. of Attorney General
33 Capitol Street
Concord, New Hampshire 03301
603-271-3591 (phone)
603-223-6221 (fax)
terry.knowles@doj.nh.gov
Atkinson Town Hall
The Norman Rockwellian picture of Atkinson
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18 comments:
WHAT??? The police chief violated the LAW???
That can't be!
And is anyone surprised?
Actually the AGO had one thing wrong;
The "Life is not Done Foundation", and the "police fund", are NOT held by the Town and never have been!
As a matter of fact no one knows who holds these funds, who acts as director of these groups, all we know is the chief introduced the "life is not done foundation" at a selectmens meeting last year, and he appears to hand out checks on behalf of this shadowy organization. They are registered nowhere with the state or the IRS, and no one knows where their funds come from, or how they are administered.
The only donation accts. administered by the Town on behalf of the Pd, are the PD Equip.fund. The Pd senior donation fund(never more than $400. and can not roll over from yr. to yr., Expended this yr. $74.11) and the wheelchair van donation acct. in '06 and '07, done now.
So Who manages these other donation accts.?
I will notify the AGO of this. Thanks.
One more order for the Chief to ignore. Probably thinks himself too old to prosecute.
Great work by whoever pursued this, the town owes you a debt of graditude.
This town just refuses to learn the lesson of open government, unless you want to develop a few acres of land, open a country club, or pump a few million gallons of water out of the aquifer; then it's VERY open...
Well, this is going to be interesting to watch. I didn't think it would take long for the chief to become a hot topic again. Distracts from the water issue which I think is the towns most pressing issue at the moment, but FINALLY, somebody has done something about the Chief's shenanigans. Should have been the BOS, but I'll settle for the state.
And what will the BOS do about separating the two positions? Will they find some way to let the chief keep both and things remain same old, same old, or will they do the right thing and truly separate the positions (meaning, of course, a new director. Can't imagine the chief giving up his law empire and the bully boost it gives him). And if they are separated, holy moly, won't the chief loose a couple of Crown Vics and a van.
Will he be able to still electioneer at the Senior Center?
Isn't Dale Childs on the Trustees committee? If so, I'd love to see him grovel to her for funds. Is the writing table in the restroom worn out yet?
Good times,,,, good times.
Ok then! What happens if neither one of the selectman or the Chief does nothing ,or better yet, does not fully comply with the AGO? Because i have a funny feeling they will talk about it during selectman's meetings, or Selectman workshops without really doing anything.
Anyone but me think these accounts are where the possible "Bribe" "Money Laundering" monies are being filtered through?
I thinks it's time to demand the AGO's office do a full investigation of where the last 14 years worth of money came from and where it went. The Chief should be made to account for every cent, and an IRS auditor brought into the picture. The same goes for all Selectmen for the same time period.
Chief should be relieved from office until the investigation is completed.
ENOUGH IS ENOUGH ALREADY.
If this doesn't force our BOS to act, nothing will. If not, their personal accounts should be audited too. Something smells very bad here, and it smells like greed, payoffs and illegal activity. This could be the “Smoking Gun” Sapia always denied exits.
If this is what has been going on, makes me wonder what else they are doing. I bet this is just the tip of the iceberg. Time to tip the town hall up side down to see what else falls out. What do you think?
Out with the Chief for good.
Who wants to bet the chief will listen to this order the way he listened to the court telling to step aside on police matters, or the court finding him in contempt of court, or the supreme court telling him to go away, or the police stands telling him to stop harrssing his officers, or the police standards, telling him to keep better training records,
None of this matters, because he doesn't listen, he does what he wants and the selectmen just keep paying our tax dollars in legal fees.
8:43 PM
We've been waiting, what, since March, for the current BOS to show some backbone. Here is yet another opportunity, and they can give the state order as an excuse.
But as you so eloquently remind us, there is precedent suggesting the chief will just shrug his shoulders and return to business as usual.
I wish to God, that for once, someone in town government would do the right thing.
We have had people in town government that did the right thing and look at what happened to them;
Mark Acciard- Sued by chief consentino for publicly asking him to be ethical
Brian Boyle- Shunned, and denounced for trying to reduce the police fleet, and get some accountability in these accts.
Carol Grant- Public abused by selectmen on camera for writing to the AGO and asking "what protection do taxpayers have from rogue selectmen that do not follow the will of the vote"
Officer Rivera- Fired for starting the union, against chiefs wishes
Officer Lorden- Harrassed for standing up to chief.
Dale Childs- investigated, and letters written to Hampstead BOS, because she question chiefs practices to police standards.
And the list just goes on and on.
Only in Atkinson is it possible to have a police chief who violates state statutes(law).
Sorry, I was not referring to those on your list, nor others currently in service who do take their jobs seriously. Its that, after all that has happened this week, between the Special Session, and the chief's activities finally recognized by the state, I'm frustrated and angry with the conditions as they are.
We have a BOS who so far has not felt responsibility for intervening with the state regarding our water or take the even the slightest action to reign the chief in.
We have that dismal display put on by Mr. DiMaggio and Mr. Sapia (who still holds a town position) at the Special Meeting, and a PB (not all of them) shirking their responsibility. I know of a recent incident regarding HAWC that should have fired them into action. Instead, they passed the buck to the BOS. Sorry, I cannot say more.
Then we have the chief. I cannot possibly add any more to the lengthy list of transgressions this man has committed.
The people you mention are the good guys and gals, and my hat is off to them.
I'm angry, and it should be obvious by now who I'm angry with.
We should all do like the chief does and plead ignorance of the law, so if you get pulled over for speeding in Atkinson, just say,
Hey, I didn't know I was speeding!
Heck I've been speeding through town like this for 14 years so what are you blaming me for?
Waddya mean I can't drive recklessly? I didn't know it was against the law. You must have a vendetta against me or somethin.
Must be the Selectmen's fault.
I hope all of you people understand that the elderly in town truly are well taken care of by the programs and if the law hasn't been followed, by all means tell the selectmen to be sure that this is done but when you are elderly and maybe need these wonderful services let's hope they are still there.
To anon 9;17
What does elderly affairs have to do with this issue? If anything, the elderly should be more up in arms over what is happening here in Atkinson. I have always wondered why they aren't more upset with the chiefs actions? The older generations always would remark to me how the morals of this country seem to be going down hill and the older ones had more ethics than the younger ones. If your elderly and wont vote against the Chief because of the elderly affairs program, Your just as bad as Phill breaking the law. There is the right thing to do, and the wrong thing to do. My Grandmother always told me to do the right thing no matter what. Too bad she isn't alive today or she would of ripped Phil a new asshole ....
To Anonymous August 15, 2008 9:17 PM
The people of Atkinson believe in the elderly program and would like to see it expanded. We want all the elderly that need help to get it, not just the ones the Chief wants to get it. Don't worry, the program will continue, just NOT the police dept. / Chief running it.
Elderly Affairs will be run by a separate "Elderly Affairs" Department with a board of trustees to over see it. Guidelines will be established so everyone will benefit from the program, not just the people the Chief wants to get it.
Unless of course, the BOS and Chief find another way to worm their way around the AGO's order. That can't be allowed to happen, and the town’s people are watching every move they make. If they try not to follow every detail in that letter, there will be hell to pay.
If the elderly want a real good elderly affairs department, help us get the "Atkinson Mafia out of the Police Dept., BOS, ZBA, Planning Board, Town Moderator, town hall etc. Then and only then, will ALL the elderly get the benefits of a GOOD expanded, elderly affairs dept. We hope you will, because we want this for you.
We young people wouldn't be here, if it were not for the elderly coming before us. You worked hard and made Atkinson what it was. You deserve the help and we are trying to insure you get it. God Bless You.
So well said. Thank you.
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