Sec. 7-302. Hearing prior to dismissal of fire department head. Appeal.
Sec. 7-302. Hearing prior to dismissal of fire department head. Appeal. No
active head of any fire department of any town, city or borough shall be dismissed unless
he 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 the authority having the power of dismissal. 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, or with bad faith or malice.
(1949, 1951, 1955, S. 425d; P.A. 76-436, S. 289, 681; P.A. 78-280, S. 1, 127.)
History: P.A. 76-436 substituted superior court for court of common pleas and added judicial district reference, effective
July 1, 1978; P.A. 78-280 deleted reference to counties.
Cited. 209 C. 352.