Sec. 7-278. Hearing prior to dismissal of municipal police head. Just cause requirement. Appeal.
Sec. 7-278. Hearing prior to dismissal of municipal police head. Just cause
requirement. Appeal. No active head of any police department of any town, city or
borough shall be dismissed unless there is a showing of just cause by the authority having
the power of dismissal and such person has been given notice in writing of the specific
grounds for such dismissal and an opportunity to be heard in his own defense, personally
or by counsel, at a public hearing before such authority. Such public hearing, unless
otherwise specified by charter, shall be held not less than five nor more than ten days
after such notice. Any person so dismissed may appeal within thirty days following
such dismissal to the superior court for the judicial district in which such town, city or
borough is located. Service shall be made as in civil process. Said court shall review
the record of such hearing, and, if it appears upon the hearing upon the appeal that
testimony is necessary for an equitable disposition of the appeal, it may take evidence
or appoint a referee or a committee to take such evidence as it directs and report the
same to the court with his or its findings of fact, which report shall constitute a part of
the proceedings upon which the determination of the court shall be made. The court,
upon such appeal, and after a hearing thereon, may affirm the action of such authority,
or may set the same aside if it finds that such authority acted illegally or arbitrarily, or
in the abuse of its discretion, with bad faith, malice, or without just cause.
(1949, 1951, 1955, S. 425d; P.A. 74-183, S. 178, 291; P.A. 76-436, S. 288, 681; P.A. 82-472, S. 18, 183; P.A. 83-212.)
History: P.A. 74-183 added reference to judicial district; P.A. 76-436 substituted superior court for court of common
pleas, effective July 1, 1978; P.A. 82-472 deleted obsolete reference to county as venue for superior court; P.A. 83-212
required a showing of just cause for municipal police chief dismissals.
Cited. 209 C. 353. Cited. 223 C. 354. Cited. 229 C. 703.
Cited. 44 CA 611.