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Milford police, fire, ambulance issued cease-and-desist order

MILFORD – Last month, the Milford departments of police, fire and ambulance services were sent a cease-and-desist order for violation of RSA 659:44-a, which prohibits electioneering by public employees. The complaint was submitted by Kevin Kleber on March, 3 and a letter was issued by the office of the state Attorney General on June 7, 2021.

The full-letter from the state AG’s office was released on July 14, 2021.

Kleber alleged that the MPD violated the statute by posting messages on its official Facebook page in January asking voters to vote “Yes” on Warrant Article 3.

On March 7, the AG’s office received another complaint, this one from Milford resident Paul Bagley, indicating that the FB pages belonging to the MPD and MFD contained electioneering material in violation of the same RSA.

In late January, another post depicted an image with the message, “Vote Yes to Warrant Article 3.”

The law office of Donahue, Tucker & Ciandella, PLLC of Exeter, who represents the Milford Police and Fire departments and the ambulance services, was contacted by the Cabinet but did not respond as of press time.

In February, a post published read, “As we continue to provide information to gain your support of Warrant Article 3 for a yes vote on March 9, we have added documents to our town webpage under the First Responders Communication Network. As we add information, we will keep you posted. Thank you.”

Videos posted to YouTube featured the heads of the police, fire, ambulance and DPW who expressed their views about the positivity of voting “Yes” on Warrant Article 3.

On March 5, the AG’s office forwarded a copy of Kleber’s complaint to Police Chief Mike Viola, and on March 8, to the law office of Donahue, Tucker & Ciandella, PLLC.

On March 10, the AG’s office attempted to review the webpages which were attached to the links provided, however, they did not work.

In a letter from Attorney John Rattigan, representing the Milford officers, fire personnel and ambulance staff, it was stated that none of the four police officers were aware of electioneering prohibitions under RSA 659:44-a, and indicated that the department would be “promptly” reviewing the matter with those who have access to the police department’s Facebook page.

On March 18, the AG’s office spoke with Chief Viola, Captain Craig Frye and Captain Shawn Pelletier from the MPD.

Efforts to reach Chief Viola by the Cabinet were unsuccessful.

In the AG’s letter dated June 7, it was understood that none of the participants who posted information on official Facebook pages were aware of any electioneering violations.

Chief Viola did explain to the AG that the police department uses Facebook to post up-to-date information that is beneficial to the town.