Petition 4: the Milano Petition

Additional commentary by Timothy Horrigan
(member of the House Petitions & Redress Committee)

See also:



Mr Milano says a teacher at his local school high school made a death threat against his son. The reported remark didn't seem like much of a death threat to at least some members of the committee, myself included. The son was an adult at the time, but he was not the person who filed the petition. There seemed to have been a long-running feud between the father and the teacher.

The key charge in the petition is that this incident was never investigated. However: there was in fact an investigation, which found nothing. In all fairness to Mr. Milano, it was admittedly not a very detailed investigation. One very odd detail of this case is that Epping's school board chair was also the chief of police, and he came to one of our hearings in full uniform.

The teacher's name is actually Jonathan Altbergs with an "s."



PETITION 4

PETITION FOR REDRESS OF GRIEVANCE

TO: The Honorable House of Representatives

FROM: Petitioner Representative Daniel Itse, Rock. 9

DATE: April 6, 2011

SUBJECT: Grievance of Vincent Milano

Your Petitioner, Representative Itse on behalf of Vincent Milano, hereinafter presents the following summary of his grievance against the Epping School District and invokes the constitutional authority and duty of the Honorable House of Representatives pursuant to Articles 31 and 32 of the New Hampshire Constitution to bring about redress:

Jonathan Altberg, [sic] a teacher employed by the Epping School District, made personal threats, including death threats toward Kurt Milano, a senior student at the Epping High School (as well as unfounded accusations against his father, Vincent Milano). Barbara Munsey and other Epping School District officials knew and agreed that such behavior was inappropriate, yet took no action against the teacher, but rather promoted him shortly thereafter to dean of students. The Epping Police failed to investigate the complaint of criminal threatening reported to them by the Milanos.

Wherefore, your Petitioner prays that the House of Representatives consider this proposed remedy:

The Milanos will be made whole if they receive a public apology from the Epping School District for the treatment of Kurt Milano and the false allegations against Vincent Milano at the next School District Meeting. The laws of the state should be amended to provide that teachers and school administrators who threaten the persons or property of students or their families are subject to an established disciplinary process.

Respectfully submitted by Petitioner Representative Itse on Behalf of Vincent Milano.

Almost a year after the hearings, on March 16, 2012, the committee voted in Mr. Milano's favor, 8-1. I was the 1 "No" vote and I have reason to believe that Mr. Milano was deeply disappointed in me.

Petition Number #4:  Grievance of Vincent Milano

MAJORITY:

Grievance Founded with Committee Recommendations.

Committee Majority Findings:

The Petitioner proved that an incident involving a threat of bodily injury occurred in the Epping School District. The Petitioner also proved that, whether or not the threat was meant seriously, the process and result of the subsequent investigation by local law enforcement officials were not open, transparent and accountable to those filing the complaint. Having reached these conclusions, the Committee found as follows:

  1. There was an apparent conflict of interest between the Chief of Police, to whom the complaint was made, and the Chairman of the School Board, by reason that they were one and the same person. There was no evidence that this individual recused himself from the process at any stage, leaving a sense of impropriety even if one did not exist.

  2. When the same person is the supervisor both of the person accused and of the person investigating the accusation, confidence in the integrity of the investigation is obviously compromised.

The Committee recommends for consideration in future legislation

  1. requiring external investigations when those investigating would otherwise be in a conflicted position vis a vis those being investigated;

  2. requiring all governmental agencies to create a transparent and impartial process for investigating complaint including amending the Right to Know laws so as to make complaints against public officials open to the public rather than sealed in personnel records;

  3. allowing citizens the option to make complaints directly to the court rather than to police departments;

  4. modifying state bullying statutes to protect children from bullying by teachers and staff. 


Vote 8-1.


Rep. George A. Lambert for the Committee

Minority:

Grievance unfounded.


The Minority of the Committee agreed this was an unfortunate situation but a decision of "founded" was not warranted.  The action which led to the petition was trivial and the petitioner was not actually a party to it but was the father of a student who is an adult and has graduated.  Also, the teacher named in the petition has left the Epping School District.


Rep. Timothy Horrigan for the Minority of the Committee

 





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