McNiff v. City of Waterburt

• Citation: 72 A. 572,82 Conn. 43
• Parties: McNIFF v. CITY OF WATERBURT.
• Decision Date: 14 April 1909
• Court: Connecticut Supreme Court

72 A. 572

82 Conn. 43

McNIFF

v. CITY OF WATERBURT.

Supreme Court of Errors of Connecticut.

April 14, 1909.

Appeal from Superior Court, New Haven County; Ralph Wheeler, Judge.

Miles McNiff was dismissed by the board of commissioners of public safety of the City of Waterbury from the police department of that city and the veteran reserve force, and, from a judgment of the superior court affirming his dismissal, he appeais. No error.

J. J. Desmond and John O'Neil, for appellant. John P. Kellogg and Charles G. Root, for appellee.

RORABACK, J. It appears that the plaintiff was an officer of the police department of the city of Waterbury, and a member of the veteran reserve force, connected with, the police department. McNiff was dismissed by the board of commissioners of public safety of said city, after the preferment of charges and a hearing thereon, of which he had notice, and at which he was present. He appealed from the order of dismissal to the superior court. The appellant upon the trial of the case in the superior court claimed: That the charges upon which he was tried and dismissed by the board were not specific enough to apprise him of the offense for which he was called upon to answer; that the action of this board was arbitrary because it refused to allow him to have counsel; also, that he was dismissed for an offense with which he was not charged and of which he had no opportunity to be heard. Upon appeal the superior court overruled these claims and affirmed the action of the board.

The power and jurisdiction of the board of commissioners of public safety in relation to the appointment, removal, and government of the police department of Waterbury are defined by its charter, which, among other things, provides that this board shall have the sole power of appointment and removal of officers and members of the police department; that it shall be the duty of the board to choose by ballot and appoint suitable persons to be officers and members of the police department. This charter also provides that the officers and members of the police department shall hold their office and membership until dismissed by the board of commissioners of public safety for cause, of which this board shall be the sole judge, provided, however, no officer or member shall be dismissed on account of his political beliefs. The charge made against McNiff was as follows: "At a meeting of the board of commissioners of public safety of said Waterbury, held October 25, 1905, the following vote was passed, to wit: Voted, that Veteran Reserve Officer Miles McNiff, together with such witnesses in his behalf as he may desire to introduce, be and are hereby notified to appear before this board, at 4 o'clock p. m., November 1, 1905, in the mayor's office, City Hall Building, then and there to answer to the charge of conduct unbecoming an officer of the police department, to wit: Collecting funds for the Catholic Benevolent Legion, Waterbury Council, No. 309, and failing to account for and turn over such funds to the proper custodian thereof."

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