Police Commission Recommendation on Warrant Article 28

Warrant Article 28 is an article submitted by petition, which means that it must appear on the warrant even if its purpose is improper or illegal.  Town Counsel has advised that Article 28 would be improper and illegal for a number of reasons.

 

First, the Article purports to establish a policy, ordinance or charter for the purpose of investigating alleged wrongdoing by public officials.  Municipalities have only such powers as are granted them by the Legislature; and towns have not been granted the authority to adopt an ordinance or procedure for the investigation of alleged wrongdoing by public officials.  Neither RSA 31:39, which gives towns the authority to adopt ordinances covering a broad range of subjects, nor any other statute gives towns such authority.

 

Second, State statutes grant authority to investigate alleged wrongdoing by public officials to specific public bodies.  For example, the Police Commission pursuant to RSA 105-C:4 has the authority to remove police personnel for just cause; and inherent in that authority is the obligation to establish a hearing procedure for such removal.  Town Meeting cannot override or usurp the Police Commission’s authority in this regard.

 

Third, the petitioned Warrant Article raises grave Constitutional questions.  Anyone accused of a crime has a number of Constitutional rights, including the Fifth Amendment right to remain silent and the Sixth Amendment right to confront witnesses, which would be in jeopardy under the petitioned Warrant Article.  Moreover, alleged criminal wrongdoing by public officials in New Hampshire is investigated by the County Attorney and the Attorney General, not by an investigatory body or agency established by individual towns.

 

For the above reasons, the Police Commission’s recommendation is to VOTE NO ON ARTICLE 28.