Selectmen deny Epping officer's bid for public hearing
By JASON SCHREIBER
Union Leader Correspondent
Tuesday, Nov. 3, 2009 Share on Facebook
EPPING – A local police officer fighting his suspension may not get the public hearing he wanted to air his complaints.
Selectmen have rejected a request by Officer Bradley Jardis for a hearing before the board.
In a letter dated Oct. 26, Tom Gauthier, chairman of the board of selectmen, wrote that the board turned down the request because it wasn't "written, delivered or filed" in a timely manner.
Jardis is challenging Police Chief Gregory Dodge's decision last month to uphold a six-day suspension brought against him in July. The suspension followed an internal investigation into a dispute between Jardis and then-Sgt. Sean Gallagher and an e-mail that Jardis sent to police union members which police Lt. Michael Wallace felt contained "inflammatory" language directed at him and Detective Richard Cote.
JARDIS
Jardis has claimed that he has been the target of harassment by Gallagher and others at the police department since the New Hampshire Sunday News published a story in February about his active role in Law Enforcement Against Prohibition, an international nonprofit group that supports the legalization of drugs.
Dodge and Gallagher have declined to comment on the situation, but a letter from the town's attorney said the disciplinary action against Jardis wasn't related to his involvement with LEAP.
> Epping officer suspended, alleges harassment (81)
The appeal came after Dodge sustained the suspension on Oct. 13 following a grievance hearing. Lawrence Vogelman, the attorney representing Jardis, filed the appeal with selectmen on his behalf as a union member on Oct. 19. However, Philip Pettis, the town's attorney, wrote a letter on Oct. 22 saying that the town had rejected the request for a hearing with selectmen because the contract between the town and the police union states that only the union may appeal a grievance on an employee's behalf.
The appeal must be made within five business days of the chief's decision on the grievance. Jardis said he met the deadline, only it was his lawyer who filed the appeal.
Pettis also pointed out that Jardis had rejected union representation at the grievance hearing with the police chief.
Jardis said he felt "forced" to get his own attorney to represent him because he didn't feel that the union president, Detective Cote, was "effectively protecting" his rights.
In another attempt to get his hearing, Jardis contacted Richard McFadden, the police union vice president, and asked that the union file a grievance with selectmen. The grievance was filed on Oct. 23 .
After receiving the request from the union, selectmen still rejected it, saying it wasn't filed in time.
"I think it's fairly apparent that they're trying any which way they can to avoid a public hearing because they don't want the public to know the precise details of this case," Jardis said.
The suspension in July followed an incident in which Jardis was investigating a complaint by a man who said he was told to leave a local restaurant because he had a service dog. Jardis said he was investigating the incident as a crime, but claims Gallagher didn't want to pursue it because the man didn't have the proper leash on his dog to indicate that it was a service dog.
When Gallagher said he was removing him from the case, Jardis threatened to tell the media about Gallagher's actions. Jardis said Gallagher ordered him not to talk to the media, which Jardis told him was an illegal order. Jardis now says he never planned to inform the media and that he only made the statement because he was frustrated.
Lt. Wallace investigated the dispute between Jardis and Gallagher and determined that Jardis was insubordinate and acted inappropriately.
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The Town of Epping need to do drug screening for all employees inclueding police. Those who fail should be let go. Supporting legalization of pot set a bad example for kids.
- Jack, Epping
Sarah, you said it all - This guy is a media junkie just like LEAP.
- Many Epping Residents, Epping
Being a resident of Epping, I have felt compelled to follow this whole scenario as it unfolds in the media, of course under the persistence of Officer Jardis himself. I have to say that I am both ashamed and apalled to see people so quickly come to Office Jardis' defense and to the opposition of the police department and town selectmen. For Jardis to so quickly assume that his suspension had something to do with his involvement in LEAP and with the article that he is so quick to boast about being written on him in this very newspaper is very surprising to me. How about the improper behavior he conducts himself with while on the job and how he abuses the power of the badge that he is supposed to honorably uphold? I think that maybe THAT could have more to do with the choices that Dodge, Cote and Wallace have made in regards to his position among the force as of recent time. How about Jardis put forth his record of complaints against him on file in a public hearing! Let him dispell the accusations of brutal force and just downright abuse of power while on the job, rather than brag and promote his involvement with the legalization of pot. Maybe if he spent as much time dedicated to being a good and decent cop like the other men that represent the Epping police force as he does to this LEAP project, he wouldnt be running into these issues. He should be ashamed of himself, as I am ashamed to have him serving and protecting anybody in my hometown that I am PROUD to say is Epping.
- Sarah, Epping, NH
The Freestaters are behind this movement. They want to go into the pot business. Ron Helwig needs to understand we live in a society of rules. The state has the right to make laws. If you don't like it go live somewhere else with the rest of the Freestaters. Smart cops stay out of politics and just do their job.
- David, Manchester
It seems to me that the selectmen are trying to keep this out of the public's eye. Shouldn't the taxpayers of the area be able to know how things are run and what transpires behind those closed doors?
In regards to Jardis' stance on prohibition and activity in LEAP, is anyone here certain that he does not uphold the laws, even if he is personally opposed to them? I have a feeling he would still carry out the letter of the law, especially when it comes to this topic. If he had let every violator go due to his personal beliefs, wouldn't it have come out in the public before? That is what would seem punishable - the conscious aiding of someone breaking the law - while on duty or off.
- Brent, TN
Why won't the selectmen give Officer Jardis a public hearing? He is a union member and filed his paperwork on time? When he was informed it had to be from someone else he followed their instructions. What are the selectmen trying to hide? This reeks of Epping politics and something being covered up! It sounds like they are trying to cover something up! Good for you Officer Jardis for going to the media so we can be aware of how our tax dollars are being spent! This is why our town has such a bad reputation because of all the corruption and behind-the-counter deals!
- Joanne, Epping
What a shocker from one of the most screw up small towns in NH...I can't way for the day I can move out of this backwards town!
- Mike, Epping
This sounds like good old Epping at its finest. Hiding the truth. I feel the officer is in the right. I know Brad personally and he does not do drugs, and has been one of the sincerest police officers I have had the pleasure of meeting. Its amazing how everyone feels pot is soo bad. Name one case where marijuana killed someone, hurt someone or caused a medical condition...none... Now look at alcohol.. you cant count that high can ya. I bet the majority on here who says pot is soo bad, probably dont mind having a few drinks. How much more money will the police waste trying to stop it. They never will. GUARANTEE IT! The selectmen are a laughing joke in this town, as you can see by being afraid to let Mr Jarvis state his case. I say do it anyway and post it on Craigs List, FaceBook and everywhere else so we all can come out and support you. WE ARE BEHIND YOU OFFICER JARVIS.
- Epping Resident, Epping
Let's assume the pot ban is a good government program.
There was a government program in 1995 which was good in many ways. It was a series of airstrikes aimed at relieving the siege of Sarajevo and halting the Balkan genocide. It worked.
But a buddy of mine said...Dave since you supported that, you supported making me pay for it. And I didn't agree with the airstrikes.
That changed my thinking about supporting "good" government programs. Even ending genocide has a big moral cost when you use the government to do it.
- Dave Ridley, Grafton NH
Looks like the town is just trying to keep this story from coming out in public. We need more honest officers like Jardis and less like the Chief who suspended him and won't even allow him a hearing to appeal it.
- Dan, Manchester
Officer Jardis tried to do the right thing by wanting to pursue prosecution of a restaurant employee who failed to comply the law concerning a person with a service dog NH has laws that protect those persons and allow for prosecution if an individual violates that persons rights, Chapter 167 to be specific.
It really does sound like the adminstration and town are out to get Officer Jardis. From the timeline spelled out in this article I would say he filed his paperwork in a very timely manner, considering the time frame it took the Department to address the so called insubordination. The incident occured in July, they didn't address it until mid October. Any person with even minimal organizational management training will tell you that if a punishment is to be effective it needs to be swift and tailored to the specific issue.
I think Officer Jardis is right; the town does not want a public hearing because they know that their police adminstration messed up badly and given the opportunity Officer Jardis and his attorney are going to show everyone how poorly managed it really is.
Good luck to you Officer Jardis because unfortunately even if you win, I fear you will still lose in the long run. They will be protected even if they are proven to be wrong...you on the other hand will be blackballed and it would be a safe bet that every action you take will be scrutinized for potential discipinary action.
- Michael, Manchester
Tim in Epping, you are exactly wrong.
"A good cop would not come out supporting pot use" - of course good cops would, because it's right. The state has no business making pot illegal, and any good cop knows that. The bad cops are the ones that are using it as an excuse to harass and "chest beat".
"Most of us don't want pot for sale at the corner store." - wrong again. Most of us do want to eliminate the violence inherent in prohibition.
- Ron Helwig, Deerfield
This isn't "Small Town Politics" its a police officer who should never have been allowed to continue advocating for pot legalization while on the job in the first place.
The law states that he is entitled to a NON-PUBLIC session related to this personnel issue, NOT a public grandstanding session where his free state libertine buddies can shout at public officials while brandishing firearms.
Pot legalizers and other libertines are good at threatening the bring mobs to bear to make their presence known, but that shouldn't be allowed to intimidate selectmen.
- James T., Manchester
The way I see it, Jardis is running to the media crying poor me. He is looking for the town to pay his salary so he can push his agenda. Wake up Epping residents, this guy only cares about two things a free ride from the town and a media outlet to push his agenda – Thank you Union Leader!
- Resident, Epping
Legal rights of this Officer is the question. His union contract states "a filing period within 5 days" His grievence was filed within those 5 days. However the Officer declined Union Representation. He has the "Legal" right to be represented by an attorney not associated with the union as long as he notified the union, He did notify the union he was seeking representation on this issue. Epping could be in for a long ( or if settled out of court ) law-suit. Looks like This town has a cover-up and Epping citizens should be concerned - irregarless of his personal beliefs. He has the Law on his side
- Bill, Freedom
dont listen to the nay sayers and brainwashed Reaganites Bradley, when we march on Epping on your behalf it will open some eyes. this stinking waste of tax dollars needs to stop. If the state can sell booze right on the highway what is so wrong with decriminalizing small amounts of Marijuanna??
citizens of NH
- rick greene, concord
Small town politics. If the selectman do not want to give Mr. Jardis a public hearing, there is nothing preventing Mr. Jardis from giving a public hearing himself.
Get a room, send out invites to the Press and give them a news conference. The press is going to ask the selectman what their side of the story is and if they use the old typical statement, "its a personnel issue, no comment." then so be it.
Epping is a small town - if Mr. Jardis has been wronged the towns people will make it right. Selectman are voted in.
- Lou, Swanzey
Sounds like this guy doesn't believe in the laws our taxes are paying him to uphold. Fire him!
- George, Manchester
Why does the UL keep acting as this guys mouthpiece? It is clear that he is all about the drama. There are more important state matters that should be addressed in this paper.
- Don R., Exeter, NH
What are they afraid of? Inquiring minds want to know. If they have nothing to hide, have the hearing and end the matter. Otherwise we should call it "Eppinggate".
- John, Manchester
A good cop would not come out supporting pot use and thats what he did by joining that group of Freestaters and their quest to make pot legal. Most of us don't want pot for sale at the corner store. Police are suppose to uphold the law. Its his own fault for this. Bad judgement.
- Tim, Epping
"Good ole Boys" have mastered the art of clouding transparency in government.
- Kathy, Raymond
It sounds immature to me for an Officer to say "He' going to run to the media" if he doesn't get his way.
Some of the incidents mentioned sound like legitimate frustrations on behalf of his Boss upon having someone from the generation of "entitlement" whine whenever things don't go his way.
Grow up!
I think this Officer should have really considered a career as a lawyer if he feels his purpose in life is to oppose or change pre-existing laws in a system that he knew ahead of time he disregarded.
- Max, Manchester
sunshine is the best disinfectant. Epping city govt wants to keep this hidden from the public tells me all i need to know.
Jardis exercised his first amendment rights and now he is being punished. so sad for a state that claims "live free or die."
- howard wooldridge, Adamstown, MD
Sounds to me like officer Jardis needs to go forth with any and all suits in this case. Too bad that the rest of the cops and union officials along with the town fathers are so quick to turn their backs on an honest cop with a legitimate case. I agree with Kevin in Lancaster and have been following this story. Epping should be ashamed of what they are hiding and let the matter be heard.
- Keith, Raymond
It seems everyone on here hates union government workers but it is apparent that people are railroaded and treated awful if they don't have one. Here Officer Jardis was denied an open hearing because ONLY his union can file the grievance. Says it right there that an employee cannot file a grievance against his employer unless the union does it and people wonder why unions have been brought in. In Manchester if you dig deep enough to find out why so many departments have unions you will find out that it was only after the employees were treated very unfairly that someone in the department brought in a union and it was voted for overwhelmingly because everyone was sick of having no rights and being treated like garbage.
- Cecil, Manchester
railroading an honest cop is disgraceful. what are they afraid of, the truth?
- Dave, Keene
Using the thicket of deadlines that bureaucracies impose on people in order to dismiss complaints is one of their oldest tricks. I'm sure this is far from over.
- Jeremy J. Olson, Grafton, New Hampshire
I spent about an hour today reading the back story and chain of email messages in this case.
It's pretty clear that Jardis is in the right, and the PD and town are wrong. I've spent 15 years handling labor matters, and officer Cote needs to be aware that not only did he commit a crime by falsely representing his union member (under 5 USC), he can be sued in his personal, private capacity, and will have no immunity.
- Kevin, Lancaster