Appeal of Pierce

• Decision Date: 08 March 1906
• Citation: 78 Conn. 666,63 A. 161
• Parties: Appeal of PIERCE.
• Court: Connecticut Supreme Court

63 A. 161

78 Conn. 666

Appeal of PIERCE.

Supreme Court of Errors of Connecticut.

March 8, 1906.

Appeal from Superior Court, New Haven County; Edwin B. Gager, Judge.

Application by Robert L. Pierce to the superior court, under Sp. Laws 1901, p. 1168, for review of the action of the police commissioner of the city of Derby in removing applicant from his position as a member of the police department. A demurrer to the application was sustained, and the application dismissed, and applicant appeals. Affirmed.

Charles S. Hamilton, for appellant. William S. Downs, for appellee.

HAMERSLEY, J. The charter of the city of Derby establishes for the administration of the city government a street department, a fire department, and a police department. It places each of these departments under the management and control of a commissioner appointed by and removable by the mayor. It gives to the police commissioner the power of appointment and removal of the members of the police department, and imposes upon him the duty of appointing suitable persons members of said department, and of suspending, removing, or expelling any member for cause, filing a written notice thereof with the city clerk within three days after said action is taken, and, upon deciding to suspend or remove any member, of filing with such member a copy of the order of suspension or removal, containing the commissioner's reasons for such action and the time when the same shall take effect. It gives him full power and imposes upon him the duty of prescribing the duties of the various members of the department, of fixing, subject to the approval of the board of aldermen, the compensation of each member, except the chief, and of making all needful rules for the government and control of said department. It provides that each member of said department shall hold his membership until he shall resign or be removed or expelled by said commissioner for cause. It provides for any person aggrieved by the action of the commissioner in removing, expelling, or suspending him as a member of said department an appeal or application to a judge of the superior court for a review of said case, and that "it shall be the duty of said judge to hear said cause and render such judgment therein as the facts shall warrant," provided, however, the person so aggrieved shall, within five days after receiving a copy of the order of suspension or removal, apply to a judge of the superior court for a review of such order as above provided. It provides that any one of certain acts of any member of the department in using his office for political purposes shall be an offense, and that any member convicted of such offense shall forfeit his membership. It also provides that the board of aldermen shall have power to pass ordinances "to provide the mode for removal of any officer for cause." Sp. Laws 1893, p. 612; Sp. Laws 1901, p. 1168.

It thus appears that the police commissioner is bound to select suitable persons as members of the department committed to his charge, and for this purpose he is given an absolute discretion in his selection. He is bound to prescribe the duties...