140 A. 826 | Conn. | 1928
The plaintiff brings this action to recover salary claimed to be due him as a police officer of the defendant city. On December 21st, 1926, he was suspended, without pay, by the chief of the police department, by virtue of authority conferred upon him in the city charter. The chief reported this action to the board of police commissioners in writing, and on January 3d 1927, it voted to continue the suspension. On February 7th, 1927, on recommendation of the chief, the board again continued it. On March 7th, 1927, the plaintiff was dismissed from the department. The trial court rendered judgment for him to recover salary for the period beginning ten days after his suspension by the chief and ending with his dismissal, and the defendant has appealed.
The defendant's charter provides that the chief of the police department shall assign to duty all members of it and it also gives him power to suspend, without pay, any member "provided, however, that no such suspension shall be continued for a period of more than ten days without affirmative action by the commissioners of his department, which action shall not be taken until after a hearing upon charges preferred in writing; a copy of such charges shall be left with said officer at least forty-eight hours prior to the time fixed for such hearing." Charter of the City of New Haven, § 60; 13 Special Laws, p. 407. There is no pretense that there was in this case any compliance with the limitations upon the powers of the commissioners which require a hearing upon charges preferred in writing, served upon the officer at least forty-eight hours prior thereto. There was then no valid suspension of the plaintiff after the initial action of the chief.State ex rel. Rylands v. Pinkerman,
Police officers of the defendant city are public officers. McDonald v. New Haven,
The contention of the defendant that the plaintiff abandoned his office is answered by the finding that he did not do so. The only fact found to support this contention is that, though the plaintiff was at all times ready, able and willing to perform his duties, he never reported or offered to report for duty; but the nominal suspension actually operated to prevent him from acting in the capacity of a police officer; Phillips v. Boston,
There is no error.
In this opinion the other judges concurred.