Gilmanton selectmen ask judge to reconsider ruling; say it makes town less safe

LACONIA — Saying a judge’s order granting an injunction against the Gilmanton selectmen’s directives on police scheduling, cruiser use and other policies goes too far, potentially making town residents less safe, selectmen have asked a judge to rethink his ruling.

In a motion for reconsideration, the Board of Selectmen’s attorney Mark Broth stated, “It is difficult to fathom how town residents are not at significant personal risk due to the count’s refusal to allow the selectmen to ensure the town is protected.”

On July 19 Superior Court Judge James D. O’Neill III granted Police Chief Matt Currier’s request for a preliminary injunction on the grounds that if the policies were allowed to go into effect now it could cause serious harm to the Police Department and its officers.

The policies, enacted in December touch on such matters as staffing and personnel, including the hours of coverage, staffing levels, lengths of shifts, use of cruisers and when officers are permitted to travel beyond town limits. It also covers selectmen having access to officers’ personnel records, including background checks and polygraph test results.

The effect of O’Neill’s ruling puts the directives on hold until their legality can be decided by the court.

Broth’s motion faults the ruling as being “based on speculation” as to the risk of harm the policies allegedly might cause to officers on the force, while at the same time subjecting Gilmanton residents’ safety “to the whim of the (chief).”

Broth alleged that one outcome of O’Neill’s ruling could be that the Police Department might not provide 24/7 coverage as the selectmen have directed. He also said another possibility is that Currier could go on vacation without ensuring the town had adequate police protection during his absence.

“The court has adopted (the chief’s) all-or-nothing approach,” the motion continued. “The court’s preliminary injunction changes the status quo, empowering (the chief) to do as he pleases, while preventing the town from ensuring its residents safety.”

After the policies took effect Jan. 1, Currier took selectmen to court. On Feb. 13 Superior Court Justice Amy Ignatius issued an emergency temporary restraining order blocking selectmen from enforcing the directives.

At a Belknap Superior Court hearing in May, attorneys for the selectmen argued the directives are a legitimate exercise of their administrative authority over town operations, while Currier’s attorney countered that the orders interfere with his ability to run the department in a safe and efficient way.

In granting the injunction, O’Neill wrote, “The selectmen are empowered to do only such acts as are required to meet the exigencies of ordinary town business. The directives arguably go beyond ‘the exigencies of ordinary town business.’”