364 Mass. 833 | Mass. | 1974
Brouillette, a police officer in Worcester, was duly notified under G. L. c. 31, § 43 (a), by the city manager as appointing authority, that a hearing would be held to determine whether his services should be terminated because of his commission of specified acts constituting improper conduct as an officer. Appearing at the hearing on January 19, 1972, conducted under the same section by the city manager, Brouillette, on being called to testify, refused to take the stand or be sworn because, he asserted, some of the acts charged against him amounted to criminal of-fences, and he desired to seek a determination by a court as to his rights. When his request for a continuance for this purpose was denied, Brouillette withdrew from the hearing. The hearing proceeded; the city manager found that all the charges were supported by the evidence and terminated Brouillette’s services on January 21, 1972. On January 24, 1972, Brouillette, as plaintiff, presented to a single justice of this court a bill against the city and the city manager, as defendants, for a declaration of rights with regard to testifying at a § 43 (a) hearing and for an order declaring the city manager’s decision to be void, enjoining him from taking further action on the charges, and restoring the plaintiff to his position. The bill was filed on the law side. The defendants demurred to the bill, and the single justice sustained the demurrer. The plaintiff filed a notice of appeal from this order. The defendants moved to dismiss the appeal; a single justice denied the motion, to which the defendants excepted, and the ex
Appeal dismissed.