Sunday, March 3, 2013 at 03:12PM
Recognizing that the former Atkinson Police Chief/Thug Phil Consentino had to go, Town Manager William Innes had this to say to the Lawrence Eagle Tribune about the infamous “Elderly Affairs Department” run by the chief thug:
“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 done 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 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???
A question for Town manager Innes: How about NO acting like a taxi service and leaving that up to taxis and private business. That would be nice.
The Town of Atkinson has been shuttling people around at other taxpayers expense for years and that is what has gotten them in trouble. There is no way to give free services to people that should be available from a private source of a true non-profit.
There is a NH Supreme Court case regarding plowing of private driveways called Clapp v. Jaffrey where the court ruled that plowing private drives at town expense was unconstitutional. There is little difference here, see:
http://www.nhlgc.org/attachments/services/legal/LegalBriefs_plowing_private_roads.pdf
Given a perfect opportunity to abolish the Elderly Affairs Dept. and all the trouble it has caused, this town manager still doesn’t get it – unless he wants to run the gig himself or have a minion do it. After all, dependant voters you have some private time with at town expense can be very helpful come town meeting time. And not cause dissention among the taxpayers who do not benefit from that service.
“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 done 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 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???
A question for Town manager Innes: How about NO acting like a taxi service and leaving that up to taxis and private business. That would be nice.
The Town of Atkinson has been shuttling people around at other taxpayers expense for years and that is what has gotten them in trouble. There is no way to give free services to people that should be available from a private source of a true non-profit.
There is a NH Supreme Court case regarding plowing of private driveways called Clapp v. Jaffrey where the court ruled that plowing private drives at town expense was unconstitutional. There is little difference here, see:
http://www.nhlgc.org/attachments/services/legal/LegalBriefs_plowing_private_roads.pdf
Given a perfect opportunity to abolish the Elderly Affairs Dept. and all the trouble it has caused, this town manager still doesn’t get it – unless he wants to run the gig himself or have a minion do it. After all, dependant voters you have some private time with at town expense can be very helpful come town meeting time. And not cause dissention among the taxpayers who do not benefit from that service.
63 comments:
IMHO, we should not be giving free services to those who can afford to pay for them. I ask the Town to require the resident show a need before free rides are given. Let's revamp this progrma and put the money where it will do the most goo.
I also intend to follow the story about the plowing being unconstitutional.
Instead of posting this on a blog, why don't you get yourself on the agenda and bring the idea of abolishing EA directly to the selectmen.
It's more convenient to post here and they read it.
It's very interesting that the courts say that using public funds for private services to individuals is unconstitutional. They may have no choice but to abolish the EA dept. and get CART.
How about the town follow state law and maybe we won't have all these problems?
CHAPTER 165
AID TO ASSISTED PERSONS
Section 165:1
II. The local governing body, as defined in RSA 672:6, of every town and city in the state shall adopt written guidelines relative to general assistance. The guidelines shall include, but not be limited to, the following:
(a) The process for application for general assistance.
(b) The criteria for determining eligibility.
(c) The process for appealing a decision relative to the granting of general assistance.
(d) The process for the application of rents under RSA 165:4-b, if the municipality uses the offset provisions of RSA 165:4-a.
(e) A statement that qualified state assistance reductions under RSA 167:82, VIII may be deemed as income, if the local governing body has permitted the welfare administrator to treat a qualified state assistance reduction as deemed income under RSA 165:1-e.
III. Whenever a town provides assistance under this section, no such assistance shall be provided directly to a person or household in the form of cash payments.
http://gencourt.state.nh.us/rsa/html/XII/165/165-1.htm
FOLLOW THE LAW !!!!!!!!!!!!!!!!
Good summary
http://liheap.ncat.org/stcodes/nhua.htm
New Hampshire Town and City
Article Index
Legal Q & A: Recovery of Welfare Assistance
New Hampshire Town and City, September 2011
The first duty of welfare officials is to provide financial assistance to anyone in town who "is poor and unable to support himself … whether or not he has a residence there." RSA 165:1. But an important secondary duty to the taxpayers of the town is, where practical, to recover money expended to assist eligible applicants. As recently as 1975, the New Hampshire Supreme Court cited the view that Old Age Assistance (OAA) "is in the nature of a loan to be allowed as a claim against the recipient's estate…." In re Estate of Harville, 115 N.H. 480, 482 (1975), quoting State v. Lipnick, 115 N.H. 217, 219 (1954). To be sure, it is often impossible to recover for welfare expenditures, but welfare administrators and selectmen should be aware of the law so that they can take appropriate action when there is an opportunity for collection.
Q. In what ways can the town recover sums that have been expended for general assistance?
A. RSA Chapter 165 provides for recovery of general assistance payments from various parties under certain conditions:
Legally liable relatives, RSA 165:19 – :20
Municipality of residence, RSA 165:20
Recipient, RSA 165:20-b
State of New Hampshire, RSA 165:20-c
Estate of recipient, RSA 165:27
Liens on real property owned by recipient, RSA 165:28
Liens on inheritances, property settlements or civil judgments for personal injuries, RSA 165:28-a
There has to be some guidelines for getting aid. It should never have become a way to get people to vote your way to get a ride.
There's nothing about giving cigarettes out that the taxpayers fund either. The assistance has always been up to one person and given by oe person. It's always rubbed me that wrong way.
I have heard it said that PC has been put into people's wills and he has inherited from helping people using taxpaer money. Can anyone corroborate this?
I do not agree with abolishing the Elderly Affairs, only establishing guidelines to follow. Yes Rsa's should apply. Income and asset guidelines should apply. Poverty level limits should apply. State old age assistance is just that it is the State. The Town can offer anything it wants with a limit to apply all of the above RSA's. The state has a reimbursement lien that has alot of loopholes in it. Get a good lawyer and get out of it for the most part. If your Mom and Dad needed some help and you couldn't help them to provide it in their stage of life wouldn't you except some sort of help if the Town could assist, and they were within the guidelines. Its going to take the Administrator at least 3 months to adjust, research and install a proper Town Assistance program. It's definately not going to be the same, and Elderly are in for a rude awakening on what other taxpayers can afford for this budgeted program.
Income and asset's must apply according to the RSA's. It's not very fair to be be just giving away money to people just because they are old.
It's also not just about what we can afford to do for them, it's about giving to private individuals that haven't not qualified, that makes this unconstitutional.
Remember when?
October 24, 2003 2:00 AM - ATKINSON — Atkinson Police Chief Philip Consentino has never gotten this much attention.
"Katie Couric is the only one I haven't heard from," said Consentino, whose comment about not allowing Massachusetts cars in Atkinson on Halloween night has brought national media attention because of constitutional issues. "It's unbelievable; it's all over nothing."
Consentino said the department has discouraged driving on Halloween night since before he started on the force 35 years ago.
Police officers go to the schools every year to talk about safety and what the children should be aware of, according to Consentino, and ensuring the streets are safe is part of that.
"That's all we're interested in is safety, safety, safety," he said. "We don't want people driving their cars and going street to street while the kids are running around."
Consentino said Atkinson streets are narrow and there are limited street lights, which makes walking dangerous at night.
The department also sent out letters to Atkinson residents asking them to stay in their neighborhoods while trick-or-treating and to limit travel in town as much as possible.
Consentino said he recently found a letter from 1995 that was "practically verbatim" to the letter that was sent out this year.
"This is nothing new," he said.
People are not going to be arrested for being from Massachusetts, Consentino said, he just wants to eliminate the possibility of someone getting hurt.
"We're not going to arrest you or embarrass you in front of your kids and throw you out of town," said Consentino. "We're just going to ask you to park your car."
Cars can park anywhere as long as they are not causing an obstruction, according to Consentino.
"At this rate we?ll probably have busloads of kids coming from Boston," he said. "That's great. Come on down, let them have a good time; I just want it to be safe."
Has anyone notified the Howard Stern show of the latest ?
One question that comes to mind is that of the liability from providing free rides. What will happen if there's an accident or they lose someone? Are the elderly signing away any rights if there's a problem? Does our insurance cover problems? What is the cost of insurance? My guess is that no one can answer these questions.
Atkinson Police Charitable Fund
Employer Identification Number (EIN) 010911185
Name of Organization Atkinson Police Charitable Fund
In Care of Name Robert Neill
Address Po Box 321, Atkinson, NH 03811-0321
Subsection Charitable Organization
Ruling Date 09/2009
Deductibility Contributions are deductible
Foundation Organization which receives a substantial part of its support from a governmental unit or the general public
Organization Corporation
Exempt Organization Status Unconditional Exemption
Tax Period 2011
Assets $0
Income $0
Filing Requirement 990 - Required to file Form 990-N - Income less than $25,000 per year
Asset Amount $0
Amount of Income $0
Form 990 Revenue Amount $0
National Taxonomy of Exempt Entities (NTEE) Philanthropy, Voluntarism and Grantmaking Foundations: Fund Raising and/or Fund Distribution
Read more: http://www.nonprofitfacts.com//NH/Atkinson-Police-Charitable-Fund.html#ixzz2MgwBzyi2
Who is Robert Neill? Do trustees Steven Neill, etc.of Robie Lane know that Robert has signed onto the above non-profit?
When this was created, it was stated that all members were police officers. He is not.
The State has the owner as PC with the Town PO Box.
17233 Atkinson Police Charitable Fund Philip V. Constentino P.O. Box 321 Atkinson NH 038110321
http://doj.nh.gov/charitable-trusts/documents/registered-charities.pdf
Robert Neill is not even a town employee.
Actually, if you look at who is on the board, none of them are police officers. They are all drivers for the EA program.
Robert Neill is an EA driver.
When established, it was stated that "All members shall be emplyed by the Town of Atkinson Police Department. Membership will remain until emplyment with the Atkinson Police Department is terminated or by resignation."
So Robert and Phil are both technically non-members of the APCF.
Neither is Magoon. Tell that to Terry Knowles.
The Town Hall is their legal address. How did we let this happen?
There isn't a single police officer associated with the Atkinson Police Charitable Trust Fund.
Isn't it funny how they OFFICIALLY do not have to file disclosures because they claim to have earned less than $25,000, while they spent $30,500 last year on items?
How can something called the POLICE Charitable Fund have NOTHING to do with the polcie?
You must be mistaken. Are you telling me that when I get "the letter" in the mail each year and send in my check for 100.00 this does not go towards a new flashlight, some cutting edge training or even cameras for the cruisers?
Are you telling me that it goes towards Black satin jackets, mailbox replacements and Stouffer's Frozen Lasagna?
Hmm The Police Chaitable Trust, please tell me more?
Mr Innes may protect the Town by telling Terry Knowles why he thinks they APCF spent $30k. This may be his next undoing.
Article submission Please
March 6, 2013
Letter: Consentino retirement marks end of an era
The Eagle-Tribune
To the editor:
An era has ended in Atkinson; Chief of Police Philip V. Consentino has retired. He will be missed.
Our town has changed so very much over these past decades, but a feeling of small-town homeyness, of being a warm and comfortable place to live and raise children, has survived.
Chief Consentino has played a large role in maintaining that je ne sais quoi.
I’m sure the town will remain a good place to live, but something valuable and irreplaceable will be lost with the chief stepping down.
I’ve worked for the chief, as a former part-time police officer and prosecutor, and with him, as a former selectman, through most of these past 40 years.
The chief deserves our appreciation and gratitude for doing well a job that was often not easy and, at times, quite difficult indeed. He handled it all with competence, wisdom and patience.
Congratulations, chief, on a tenure you can look back upon with great pride, and best wishes to you and Jody in your retirement. Your shoes will be hard to fill.
William M. Bennett
Atkinson
To Bill Bennett - If you respect:
1. A police Chief that was held in contempt of court twice (perhaps more)
2. A man that has been sued more times than any one man should be allowed to be sued with cause.
3. A man that tried to take a woman into a non-public and illegally recorded her complaint. (That public official suit cost the town abundle) then told the court the recording had been destroyed.
4. Lost a suit that resulted in the largest damage settlement in the State Of NH.
5. Badgered two of our elderly into town hall to sign a letter to selectmen after the elderly signed a petition to make the Chief job full time.
6. Fired for cause of which you and the selectmen want to keep the reason hushed up.
I could go on and on, but if this is the type of person you respect, then I guess your opinion just doesn't count for much.
Hey Bill
Your perception is quite disconnected with reality, methinks. Give it up, will ya? So we can move on. He's finally gone and you print this? Did he put you up to it? GIVE IT UP. HE GOT FIRED FOR CAUSE. FINALLY.
I think I saw you both on "One Flew Over the Cuckoo's Nest"
Just joking of course. LOL
Hey Bill,
I was always one of your number one fan but this is certainly your finest moment. In all of Phil's controversial fame he would always go on the offensive immediately. He would utilize the ET, he would get the word out one way or another of who is trying to get him now and make up stories.
Hmmm, no offensive by the chief, the only thing being said is anout the past good things he has done and he hasn't mentioned the "villian", (the Mark, the Carol,the Leon) please tell us Phil who is taking you on and who has finally taken you down?
Does anyonebelieve the BOS would risk their reputations and the pocketbooks of the town if this isnt a Slam Dunk???
What did you do Phil? please call the ET and tell them or are you going to do an exclusive with Howard Stearn?
Hey Mr. Bennett, since you've embarrassed yourself in the Eagle Tribune for the whole town to see, doing a full- frontal, praising that misfit former Police Chief Consentino, how about a few kind words on the passing of Hugo Chavez, President of Venezuela. You've done the "proper" thing, but it has absolutely no basis in reality.
Bill you running for Selectman again? I can't figure any other reason for you to pander to the elderly with such fiction.
he should move out of town hope other people come forward
Been away, doing real work. Just read this in the original post:
"Given a perfect opportunity to abolish the Elderly Affairs Dept. and all the trouble it has caused, this town manager still doesn’t get it – unless he wants to run the gig himself or have a minion do it. After all, dependant voters you have some private time with at town expense can be very helpful come town meeting time. And not cause dissention among the taxpayers who do not benefit from that service."
The man was handed the job barely a week ago and you're implying he has a devious agenda. Hardly fair and balanced reporting.
I know Bill. He is an extremely intelligent, thoughtful, and I believe honorable man. I think he at least deserves the benefit of the doubt, not unsubstantiated accusations. But then this is AR2. It is what I've come to expect.
Oh, say, oh powerful Moderator. You have your ear to the ground. You have connections. We've heard absolutely nothing new since Phil was fired. What's the real story? You must know something by now, right?
The is a blog not journalism it' s opinion.
Go away Frank ......please
Didn't we get MIT graduate thrown in our faces when Bill Bennett first ran for Selectman. Someone want to explain just what he did on the BOS before resigining due to poor health? Just another Consentino ass-kissing crony. What an embarrassment for MIT.
JMHO. If I've got it wrong, please enlighten me.
To Anon March 11, 2013 at 7:53 PM
Plesse remember that Mr. Innes has absolutely no authority. He gets his instruction from the selectmen and follows though with what they want. If he doesn't do exactly what they want, he will be gone.
Mr. Innes is also a very nice man and he does not jump to conclusions before he does his homework. I think he'll be fair to everyone and do a good job realigning the Elderly Affairs mess. Now we shall see that the program can in fact operate without the PD.
"Didn't we get MIT graduate thrown in our faces when Bill Bennett first ran for Selectman."
So, you're implying that since Mr. Bennett is a smart man, and Mr. Innes is a smart man, they are both unqualified because one of them holds an opinion you do not share?
Would you feel better if the town only hired and elected high school drop-outs who agree with you on everything?
What an a**
I also know Mr. Bennett. He is a very smart man. I don't share his glowing opinion of the chief, and I told him so. But I still respect the man. Besides, he is no longer in office or involved in town affairs in any way as far as I know.
Good things are starting to happen. From the sound of the lead article, it is going to get better.
You are entitled to your opinion, Mr. Bennett his, and me, my own. Get use to it.
"The is a blog not journalism it' s opinion."
So today's lead article on electioneering is opinion, not a report, or reporting (which some would interpret as journalism)?
Gosh, I guess I read it in completely the wrong way.
Mr. Moderator. If today's news is indeed true, then I apologize for my criticism of you in my March 11, 2013 at 7:53 PM post.
Then why don't you post to today's article. Stay on topic?
As far as your Bennett assessment goes, he may be smart but he is alsox lazy and ignorant.
March 12, 2013 at 9:02 PM
There is an old say. "Better to keep your mouth shut and let people think you're an idiot than to open your mouth and prove it."
1. Do you read the entries on the main web page? The AG investigation is what I was referring to. Don't think I need to re-post it, do you?
2. I'm guessing you do not know Mr. Bennett nor ever had a conversation with him. As I said, I do not agree with his view on this, but I can say, without hesitation and with the up-most assurance, neither of your two adjectives regarding him are accurate.
You want to see an example of your words? Look in a mirror.
All the conversions I've had with him were a disappointment. Quit the BOS and I cheered. Unimpressed with him. Lots of smart people around who deliver, not him.
Disappointed because of his presentation, or you did not get what you wanted?
Yes and not wanted but deserved. The man is a mess.
"Yes and not wanted but deserved."
You know that given the question you answer makes absolutely no sense.
To Mar. 4 5:30;
Research Ruth McPherson, and her will
Are you saying he was in her will?
Public servants cannot take gifts in connection to doing their service.
There is a deed registered from Ruth McPherson to the Town of Atkinson for the property on Main St. now owned by Van Ry Stables. The book and page is 2933-0866 dated 7/8/1992. There is also a plan dated 4/23/1992 on Microfilm D-21571.
What have they been up to?
Town taking advantage of the Elderly and making money while doing it, or is part of the money going to private individuals?
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