Franklin police union president terminated ahead of personnel hearing

FRANKLIN — Officer Jacob Drouin, president of the Franklin Patrolman’s Association Union, has been terminated, according to the city. The termination was official March 17, just months after Drouin and other officers gave a vote of no confidence in Police Chief David Goldstein, Lts. Daniel Poirier and Ralph Hale, and Franklin City Manager Judie Milner.

The city is alleging Drouin initiated “a campaign of public criticism” against the police department as well as lying about a worker’s compensation claim. A statement and reports from the Tilton, Franklin and Loudon police departments, two of which cite polygraph examinations conducted on Drouin, and all marked confidential, were recently obtained by The Sun.

“The city does not normally comment on personnel matter or release records relating to specific personnel, but in this case Mr. Drouin initiated a campaign of public criticism of the department’s administration which also resulted in multiple media requests for information pertaining to Mr. Drouin’s criticisms, particularly his claim that he was being discriminated against because of his union activity,” the statement reads. “In fact the city has a history of amicable dealings and negotiations with its unionized employees and their representatives.”

Drouin denies these claims, and shared his medical records, which note a 2019 work-related injury that resulted in multiple disc herniations. Drouin was treated with physical therapy, injections and oral steroids.

The New Hampshire Supreme Court accepted an appeal from Drouin on June 16, according to a letter from the court.

Drouin's medical records note significant muscle wasting in the left calf and hamstring. Drouin claimed he reinjured himself in July last year during a bicycle patrol shift. An MRI conducted last August revealed a “significant disc impingement,” as well as a disc bulge, and a paracentral protrusion.

“I think obviously they’re trying to deprive me of certain rights by making this public before I’ve had hearing, which I’m entitled to as an officer,” Drouin said. “This whole thing is pathetic. It’s malfeasance. Wrongdoing. They’re trying to discredit me and hide not only what they did to me but other employees that left and received the same treatment.”

Drouin said he was abruptly placed on administrative leave Dec. 16, 2022, one day before the union was set to meet for their vote of no confidence.

In the vote, union members referenced a culture of retaliation within the department. Drouin cited as an example the internal investigation of Officer Mark Faro for his relationship with Broken Spoon owner Miriam Kovacs. The investigation was opened shortly after Kovacs filed a complaint against Poirier. Prior to her complaint, Kovacs had sparred with the department on social media. At the conclusion of the investigation, Goldstein sent a letter to Faro, accusing him of violating the department's code of conduct by associating with Kovacs, and accused the restaurant owner of being engaging in “anti-Franklin Police Department and anti-law enforcement attitudes and behaviors.”

Goldstein also cited the relationships section of the department’s code of conduct policy, which condemns romantic affiliations, affection, social or personal business relationships “with known or suspected felons, drug dealers, or other persons whose reputation in the community is such, that association with them might cast doubt on the credibility or reputation of the employee or the department."

Kovacs called the investigation “absurd.” According to Faro, Goldstein gave him a choice between his job or his relationship with Kovacs. Faro chose the latter, and took another law enforcement position outside Franklin.

Prior to Drouin being placed on leave, the department’s insurance provider Primex, hired DigiStream Investigations, a private surveillance company, to follow and film Drouin while he was on leave due to the injury. Primex declined to comment on the determination process when it comes to hiring a private investigator.

In nearly 12 hours of DigiStream footage, provided by Drouin, he is shown walking at Tanger Outlets with his son, as well as preparing for and vacationing at an RV campground with his family.

According to an internal investigation summary by Hale, who was also named in the vote of no confidence, Drouin was seen riding bicycles, climbing in and out of his truck, and lifting cinder blocks in the footage. When questioned by Hale about these activities, Drouin said they were not violations of his doctor’s orders.

“[Drouin] further explained [Primex] attempted to use this video evidence to disparage or damage his credibility,” the report reads. “He maintained there wasn’t an ethical or integrity issue and his credibility is not an issue.”

As part of the internal investigation, Drouin was polygraph tested at the Loudon Police Department regarding his worker’s compensation claim. During the test, Drouin was asked if had lied about, misrepresented or withheld any information regarding his 2022 injury from his employer.

“It is the professional opinion of this examiner that Mr. Drouin was not truthful during this examination process on February 24, 2023,” the report read.

Scientists and legal experts are divided on the efficacy of polygraphs. While 23 states allow polygraph tests to be admissible in court, New Hampshire is not one of them.

Drouin took and failed a polygraph test in 2019 while seeking employment at the Tilton Police Department, another document shows. According to statements by Drouin in both an interview for this story and in his 2022 polygraph test, Drouin voluntarily withdrew from the Tilton hiring process after failing the examination.

"[Drouin] stated that he was presented with a choice from the examiner that he could either voluntarily withdraw or he could just not be chosen for the job and at the end the results would be shared with his current employer,” the 2022 polygraph report read.

“I withdrew from that process. That report is riddled with errors. It shouldn’t exist,” Drouin said. “I had conversations with the current chief of Tilton in regard to the release. He said that’s not the normal practice for Tilton right now, to write a report like that.”

Drouin also argued the 2022 polygraph was not handled well, even calling the process a “farce” according to documentation.

“When the polygraph is done certain things are created by the polygrapher to create a file. That file can be cross examined by other certified polygraphers to make sure it was done competently or that there weren’t any errors,” Drouin said of the 2022 polygraph. “The union has asked every step of the way and they haven’t provided that. That hearing isn’t set up 'til July 18. They finally provided us with a disk with the content, but the disk they sent us was blank.”

Drouin had an appeals board hearing just days after the Feb. 24 polygraph test.

“Fifteen minutes prior to the hearing, they were still trying to offer me that if I resigned they would approve my injury as compensable,” Drouin said. “Yet they were investigating me as reporting, or misrepresenting, a fictitious injury. I’m sure there would have been other stipulations such as a non-disclosure agreement,” Drouin continued. “Unfortunately, it was just a verbal offer. I never received a written offer. Now it's down to my word versus their word.”

Since the vote of no confidence, three other officers have left Franklin for other departments, leaving the city with just six full-time patrol officers. The three who left were union members. The department is budgeted for 10 full-time patrol officers, according to Goldstein. While the chief could not comment directly on the vote of no confidence due to what he called “a gag order” from the city, he spoke to department recruitment. All other questions were referred to Wescott Law, who provided the city’s written statement and investigation summaries.

“You look at the numbers, people are down everywhere, State Police are down four to five dozen,” Goldstein said. “People are moving to more lucrative employment either in-house, or dropping police work all together and going into the private sector.”

Goldstein cited bigger bonuses and higher pay in other communities as a key factor to the loss of officers.

“I can’t compete with the well-to-do communities that can offer $20,000 signing bonuses,” Goldstein said. “All I can offer is a good place to work, and an accepting atmosphere, and a desire for a job that is very unique in society. There is no one else that does what we do on a daily basis.”

Goldstein said the department is now offering a retention bonus if people stay on after their first year on the job.

“They’ll say they had unique opportunities in front of them and this turnover is regular. It speaks to itself,” Drouin said. “They never addressed our concerns and now they're operating at like a 50% staff of dispatch and full-time officers. Who’s affected by that? Not the people in the vote of no confidence. It’s the taxpayers. They’re getting a diminished service.”

Drouin has a hearing with the Franklin Personnel Advisory Board scheduled for 9:30 a.m. on Tuesday, July 18.