By Joseph Edgerton
Staff Writer

Frank Carpentino

While voters will have the final say, an injunction from Hillsborough County Superior Court restored Goffstown Fire Chief Frank Carpentino's job.

Judge Philip P. Mangones signed a temporary order on Jan. 12 reinstating Carpentino as fire chief and informed the town that voters must decide whether to approve the merger.

The order also stated that selectmen cannot fire Carpentino without due cause and that potential harm to Carpentino outweighs any harm to the board of selectmen.

John Krupski, the attorney representing Carpentino, said the order is a significant development for the town, its residents and the fire department.

“The court said, in essence, that the town can't reorganize the fire department unless it is on the town warrant and voters approve it,” he said. “Under the statutory framework, the chief can only be fired for a cause. The selectmen did not articulate the reason, give notice or provide written specification of evidence against the chief.”

Krupski said the selectmen made a motion to reorganize the department on Dec. 19 with no public input, and attempted to reorganize the department without first giving the voters an opportunity to decide.

“This must be on the town warrant,” he said. “They attempted to do this before the vote, and you can't eliminate a position to get rid of an individual. In our opinion, that's what we think this was all about.”

Board of Selectmen Chairman Gossett McRae said the reorganization is not a personal attack by the town against Carpentino.

“We did this to establish a Department of Safety, which is a more efficient management model for a number of reasons,” he said. “This was purely a function, and I don't understand the negative input from a small group of firefighters.”

McRae also said the selectman were disappointed by the order, and will ask the town attorney to file a reconsideration with the court.

“This is a temporary injunction, and not a final ruling from the court,” he said. “The ruling from the court was based on a 15-minute presentation, and we're concerned the judge didn't understand the circumstances.”

McRae said he still supports the reorganization, because the majority of the calls received by the fire department are for EMS services.

“There will always be specialty functions that would not be required to cross-train, such as a fire prevention officer,” he said. “But we already have crosstraining and it's saving lives.”

Under the reorganization, current members of the police and fire department would be exempt from having to cross-train in both law enforcement and firefighting, but future employees may not be.

“I think the voters will and should vote for the consolidation,” McRae said. “It provides better service at a lower price. The board doesn't require existing employees to be crosstrained, but at some point it would be my expectation that cross-training will occur. It's not hypothetical, it's a fact.”

A New Hampshire statute says voters have the final say when a reorganization of a fire department or emergency service is proposed.

“A town, city, village district or precinct may, by vote of the local legislative body, change the organization of its fire department from one form to another,” reads RSA 154:1, IV.

“For municipalities with a town meeting form of government, such a vote shall be taken under an article inserted by the selectmen or by petition in the warrant for the annual meeting, and shall not take effect until one year following such vote.”

“In my estimation, the town had full warning of the language of the statute and proceeded anyway,” said Krupski. “The judge said this process was not followed.”

Carpentino, who sat down to a “last supper” with his firefighters on Dec. 31, received notice of the ruling at 8:30 a.m. on Jan 16, just days after the Jan. 11 hearing.

“I really didn't know what to expect. You leave with an expectation, but you don't know for sure,” he said. “The ruling reaffirms my statutory and constitutional rights, and the rights of the voters and citizens of Goffstown to elect who they want to serve them.”

Carpentino began e-mailing all the members of the fire department, and resumed his position on Tuesday, Jan. 17.

“This shows employees that there is a system, and that it works if you are patient,” he said. “There has already been a positive increase in morale. I want to thank the citizens, businesses, firefighters, and the New Hampshire Association of Fire chiefs. I hope we can put this behind us and that I can move forward, doing what I can do for the town.”

Selectmen are seeking to place a warrant article in support of the consolidation on the agenda at the March Town Meeting.