As we begin 2011, still our Police Dept. problems linger. I could do a review of the last year, but what is the use, it would end like this: “There is one person responsible for the problems at HPD and it is Mr. Agrafiotis.” The Police Chief has been asked many times to resign, but he won’t. 956 people willingly signed a petition asking wanted him to be suspended, but he is still here. Is it the Police Commission’s fault? Is it the Town Council’s fault? Are the citizens of Hooksett at fault?
I asked myself these questions, and here is what I came up with.
New Hampshire RSA 105:2-a is the hold up. The statute states that a Police Chief can only be dismissed “for cause.” Unlike most “employees at will,” police chiefs have a state law written just for them, and they automatically get an appeal with the Superior Court.
So what does “only for cause” mean? From what I understand, it pretty much means a police chief must break the law. Although there are at least two lawsuits pending against Mr Agrafiotis, with many complaints having been filed against him, so far it has not been proven that he actually has broken the law. So even though we don’t like the way he acts as Chief of Police, it seems he remains as our chief.
This explains how he keeps his job after the entire Officer Defina debacle… How he endures the high legal bills and high employee turnover.
So we can blame the Police Commission or the Town Council or the citizens -- but really it is RSA 105:2a that is the road block. Basically, a Police Chief gets a life time contract, unless there is cause. Here is RSA 105:2a
Happy New Year
David Pearl, Hooksett
Source. 1973, 371:1, eff. Aug. 27, 1973. 2005, 24:1, eff. Jan. 1, 2006.
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