Fremont pushes back against former police chiefBy JASON SCHREIBER
Union Leader Correspondent
February 12. 2013 8:03PM
BRENTWOOD - Lawyers for the town of Fremont claim selectmen had legitimate reasons to fire former Police Chief Neal Janvrin and have asked a judge to dismiss a lawsuit he filed to get his job back.
In a recent statement filed in Rockingham County Superior Court, the town argues Janvrin's termination resulted from his own "misconduct" and that he breached his employment responsibilities.
"The town had a legitimate, non-discriminatory motive for terminating (Janvrin's) employment," the town said in the statement filed by attorneys Charles P. Bauer and Erik G. Moskowitz of the Concord law firm Gallagher, Callahan & Gartrell.
The town maintains Janvrin suffered "no compensable damages" as a result of the firing and has requested a jury trial if the case moves forward.
The 66-year-old Janvrin was chief for nearly 23 years before he was fired Aug. 20.
In their notice of dismissal, selectmen claimed Janvrin was "physically unstable in the field" and had a "confrontational" attitude toward other officers.
Selectmen also maintained that he failed to observe established procedures and protocols and that his "judgments and decision making are inconsistent and demonstrate memory lapses, lack of comprehension, and unpredictability," the notice said.
Janvrin filed suit against the town in October.
He denied the accusations and claims that his dismissal was "discriminatory." He wants to be reinstated and the termination removed from his personnel file. He also wants to be reimbursed for his legal fees and back wages.
Janvrin maintains that his decisions weren't inconsistent, as selectmen have claimed, and that he's not aware of any policies he violated.
He also claims he never disciplined or warned of inconsistent decision making or policy violations and that his personnel file is "completely devoid of any notation of any problems in these areas or any confirmation of discipline of any sort or kind."
Selectmen have appointed Denny Wood, a Brentwood police sergeant, as acting Fremont chief until the case is resolved.