What's going on with the Alton P.D.?

[playinghooky]

Officer reinstated as probe continues

By ROGER AMSDEN
Union Leader Correspondent
18 hours, 3 minutes ago

Alton – Captain Charles Anderson, one of three police officers who was placed on paid administrative leave by selectmen last week, has been reinstated.

A statement issued by James Sessler, town attorney, and Town Administrator Russell Bailey, said Anderson, a captain, had cooperated with the investigation and no disciplinary action was being taken against him.

The statement said "We expected Captain Anderson to tell the truth. He has told us the truth to the extent of his knowledge. There is no disciplinary action being taken against Captain Anderson." Still suspended while the investigation is ongoing are Chief Kevin Iwans and Lt. Edward Correia, who along with Anderson were suspended following a non-public session held by selectmen with Sessler and Bailey on Nov. 27.

It was at that meeting the five selectmen learned of an investigation being conducted by Sessler and Bailey regarding allegations made by a member of the police department against other members of the department, Sessler said in September, shortly after selectmen attempted to adopt a number of policies aimed at perceived problems with the police department, he was approached by an attorney representing an officer who sought assurances of confidentiality before the officer met with Sessler at his Franklin law office.

Sessler said the information presented by the officer, who told him selectmen were "on to something" in their attempt to change police department policies, warranted further investigation and was confirmed to him by two other officers that he interviewed.

He said further investigation was authorized by Bailey, and information regarding the investigation was not revealed to selectmen, several of whom have been embroiled in public disputes with Iwans and other department members, until last Monday's closed door meeting.

The statement issued Thursday further said the three were placed on leave with pay in order to ensure "the proper functioning of the investigation. This action was not intended as a statement that those individuals did anything wrong. In fact, we did not reveal the individuals' names because we did not want the public to jump to conclusions." Sessler and Bailey said they will not disclose the reasons for the investigation because it is a personnel matter that could result in disciplinary action.

"We reserve the right of privacy in these matters," the statement said.

[mcdude]

From the Baysider....

ALTON — It may be hard to swallow, but town residents might never know why selectmen voted unanimously on Nov. 27 to suspend Police Chief Kevin Iwans, Lieutenant Ed Correia, and Captain Charles Anderson.

That being said, Town Attorney James Sessler provided further details about the preliminary investigation that led to the trio's suspension, and the investigation that Sessler and Town Administrator Russ Bailey have been conducting subsequent to Nov. 27.

Speaking during the selectmen's meeting on Dec. 4, Sessler described how the bevy of policies that the selectmen passed in September struck a chord with a member of the police department. As readers may recall, Selectmen Cris Blackstone, Steve McMahon, and Pete Shibley passed nine policies at a meeting when Selectmen Alan Sherwood and Pat Fuller were absent. The policies, aimed at restricting the power and authority of Iwans and the police department, have since been ruled inert, as the board hadn't followed proper protocol that is usually followed in the adoption of town policy, such as posting the policy as part of the agenda, and holding public hearings on the proposed policies.

While the policies didn't have their intended effect, they certainly had an important effect, as Sessler described.

Following the board's actions in September, and the vigorous public debate that followed, Sessler said he received a telephone call in early October from a local attorney representing an Alton police officer. The message, Sessler said, was: "The selectmen were onto something, and not to let them give up."

After granting anonymity to the officer, Sessler listened to the officer's description of "alleged behavior that in my opinion warranted further investigation."

Sessler corroborated the allegations by contacting two other members of the department, who were also granted anonymity.

Since that early October beginning of the investigation, Sessler said only he and Town Administrator Russ Bailey knew anything about the investigation, even the fact that the investigation existed. "There was no direct or indirect involvement by the board or individual members of the board until last Monday evening (Nov. 27)," he said.

In fact, the town selectmen are prohibited by Sessler from visiting the police department or having any direct contact or communication with the members of the department.

Only Sessler knew the identities of the three informing officers until the Nov. 27 meeting. The selectmen and the town administrator now know the officers' identities, but all three are protected under the state "Whistleblower law," which protects them from discharge, harassment, or any other form of punishment for raising concerns about the department's administrators.

After the selectmen made the decision to suspend the officers, Sessler said he went down himself to break the news to Iwans.

Since then, Sessler said he either visits or calls the department every day, and he said, "My opinion is that the morale is very good."

As far as the investigation goes, he said "It's proceeding toward an end point very fast," at which point the town will release a statement, although it likely won't contain any juicy details.

Because it's a personnel matter, the town could be opening itself up to a lawsuit if it releases the cause for any disciplinary action that the board might – or might not – decide to pursue. Those actions could be anywhere from no action taken, to suspension without pay, to discharge.

If the officers decide to resign, or if they quietly accept any action the board of selectmen takes, then the town would be restricted from releasing the subject of the investigation.

However, if any of the officers choose to appeal an action of the board, that appeal would be heard in Belknap County Superior Court, and all the proceedings and details would be a matter of public record.

When asked whether or not the alleged behavior was criminal in nature, Sessler replied, "I'm not a criminal investigator." Sessler had already said there were no outside agencies involved, such as the Belknap County Sheriff's office or the state police, which would be the agencies to investigate allegations of illegal behavior within a town department.

That isn't to say that the allegations don't go there; Sessler said in this case it wouldn't be in the best interest of the town to investigate criminal allegations.

While the investigation is under way, Sessler cautioned against speculation, and reminded those present that the investigation was without a foregone conclusion – it could all turn out that the allegations of wrongdoing are unfounded.

[playinghooky]

I see the Alton selectmen have officially fired the police chief. No reason was published. The following was in The Citizen on Jan 10th.

Laconia, NH - ALTON - Police Chief Kevin Iwans has been formally fired by the Board of Selectmen following several months of controversy. Selectmen voted unanimously to discharge Iwans from his position as police chief after placing him on paid administrative leave a month and a half ago, along with two officers under his command. The order went into effect at 5 p.m. Tuesday, effectively ending Iwans' 11-year career as police chief and overall 20-plus-years serving the town of Alton.

Much of the information surrounding Iwans' firing remains shrouded in uncertainty. The five-member Board of Selectmen has refused to offer any additional comment in the matter and other town officals have offered not much more than issued statements.

Late Tuesday afternoon, the Alton Selectmen's Office released a statement indicating that Iwans was discharged from his position for just cause, pursuant to New Hampshire state statute.

The statement withheld any further information, as it is a personnel matter, that may remain confidential in accordance with RSA 91A.

Laconia Police Chief Thomas Oetinger said that, the few times he and Iwans had crossed paths during meetings of the Belknap County police chiefs, "I always found him very professional and cordial and knowledgeable."

Town Administator Russell Baily reported that the selectmen have decided not to appoint an acting chief, at least for the foreseeable future. Instead, Sgt. Ryan Heath and Det. Pete Llewellyn will remain in command of the department, as they have since Iwans and the other officers were placed on leave.

Bailey said Heath and Llewellyn will remain in command of the police department until the selectmen are able to decide upon a future strategy for the deparment, once the investigation is complete.

On Nov. 27, Iwans and two other officers, Capt. Chuck Anderson and Lt. Ed Correia, were put on administrative leave after three other officers reportedly came forward to Town Attorney James Sessler with concerns about the suspended officers.

Prior to Iwans' discharge, Anderson retired and an investigation surrounding Correia is still pending, according to Bailey.

Bailey said there will be no lack of service or other departmental diminishments as a result of this action.

"There is a sufficient force to maintain services," said Bailey, adding that the selectmen have full confidence in the ability of the Alton Police Department to do the best job possible in serving the community.

Currently seven full-time officers remain on staff at the Alton Police Department. Those officers, along with members of the part-time staff, are being utilized to fill any gaps that may be present.

Bailey added that, after hearing the concerns of the three Alton police officers, the town has done its best to fully address the matter, indicating that has been demonstrated by the subsequent action.

[GWC...]

This has left me speechless.

It would be funny; if it weren't so sad...

Originally Posted by Cutter Mitchell

From the Laconia Citizen Online
Tuesday, February 6, 2007
Suspended officer's attorney seeks injunction

By CUTTER MITCHELL
[email protected]

ALTON - The attorney for a suspended ranking town police officer accused of wrongdoing has gone to court, alleging Alton officials are illegally withholding information about his client.

Attorney George Wattendorf, who is representing Lt. Ed Correia, has filed a petition for injunctive relief against the town for allegedly failing to turn over documents which relate to upcoming proceedings against Corriea.

Wattendorf said, while he has received Board of Selectmen minutes where the investigation was discussed, he has yet to receive any information from the town regarding the four-month investigation into his client and two other officers, former Police Chief Kevin Iwans and Capt. Charles Anderson who have since left the department. Correia currently is on suspension.

Wattendorf has specifically asked for any evidence the town has against his client in order to prepare a defense.

"We need to see them if they exist. It wouldn't be fair to have a trial by ambush," said Wattendorf.

Town Attorney James Sessler, who with Town Administrator Russell Bailey has headed the investigation into Correia and others, said anything that was requested and not turned over was due to an oversight and would be corrected once the material in question is located.

Other than that, "He's not getting anything he's not entitled," said Sessler.

With the injunction that Wattendorf is seeking, all material regarding the investigation would have to be turned over to a judge who then would determine what materials the defense is entitled to.

"I'm just very thankful that the Legislature has the foresight to protect police officers from this kind of political retribution," said Wattendorf.

In addition to the injunction, Wattendorf has submitted a letter to Sessler, stating that at least four people have come forward complaining about the actions of newly promoted Captain in Charge Ryan Heath and his use of departmental time.

In the letter, Wattendorf alleges, "during the course of preparing my defense, I have developed information that while Ryan Heath was on duty as an Alton police officer, he would conduct his private contracting business during duty hours. One source indicates that Heath would go to his private construction job site in a town cruiser, in uniform, to check on a house he was building and talking with persons on site."

Other alleged misconduct reported in the letter includes inappropriate use of town phones and computers, also relating to benefit of Heath's private contracting business.

The letter goes on to say, "It would appear that this conduct would be in violation of town policies. I am assuming this matter will be investigated and that you will take this matter as seriously as you did your investigation of Lt. Correia."

"Fair is fair. There shouldn't be any deviation in standards. They should be handling these accounts in the same way they are going after Officer Correia," said Wattendorf.

The alleged misconduct Wattendorf refers to is very similar to several of the charges brought against Correia, for which he now is facing termination, pending the outcome of a public hearing into the matter.

Sessler said he was aware of the allegations against Heath, as it had been brought to his attention back in September by Correia. While Sessler said Heath has been investigated, he would not comment on the outcome of the investigation, as any disciplinary measures are protected from public release.

Sessler did say that additional charges may be sought against Correia and Wattendorf for releasing the information regarding Heath's conduct.

"I think it's evidence that they are acting on a double standard," responded Wattendorf, saying the town is seeking to have Correia fired for alleged misappropriation of duty hours while Heath has been promoted to captain and is the acting chief for the Alton Police Department even though he has had similar allegations brought against him.

Wattendorf asked members of the community to come forward with information that might help in Correia's defense.