Anziano v. Board of Police Commissioners

643 A.2d 865, 229 Conn. 703, 1994 Conn. LEXIS 176
CourtSupreme Court of Connecticut
DecidedJune 21, 1994
Docket14893
StatusPublished
Cited by4 cases

This text of 643 A.2d 865 (Anziano v. Board of Police Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anziano v. Board of Police Commissioners, 643 A.2d 865, 229 Conn. 703, 1994 Conn. LEXIS 176 (Colo. 1994).

Opinion

Peters, C. J.

In this administrative appeal, the principal issue is whether the dismissal of a police chief by a board of police commissioners comported with the requirements of procedural due process. The plaintiff, Dennis J. Anziano, formerly the chief of police for the town of Madison, appealed to the trial court to set aside his dismissal by the defendants, the board of police commissioners of the town of Madison and the individual members of the board (board). After reviewing the administrative record and the briefs of the parties, and hearing oral argument, the trial court concluded that the board’s dismissal of the plaintiff should be sustained and, accordingly, rendered a judgment dismissing the plaintiff’s appeal. The plaintiff appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We affirm the judgment of the trial court.

The trial court’s memorandum of decision recites the history of this litigation. In August, 1991, the board received information relating to potentially illegal activities by the plaintiff. The board retained the National Detective Agency to undertake an investigation. On the basis of two reports by the agency, one dated October 3,1991, and the other dated December 11,1991, the board directed the preparation of formal charges against the plaintiff. The plaintiff received copies of both reports.

The board adopted a draft of proposed charges against the plaintiff at a special meeting on March 16, 1992. At that meeting, which the plaintiff attended with counsel, he received a copy of the charges. In accord[705]*705anee with General Statutes § 7-278,1 the board’s written notice of charges advised the plaintiff of his right to a public hearing, of his right to be heard, and of his right to counsel.

The board informed the plaintiff that hearings would begin on March 25, 1992. Such hearings were held on twenty-two occasions from that date until July 22, 1992. At the hearings, the board’s prosecuting counsel presented evidence consisting of numerous witnesses and exhibits. The plaintiff and his counsel were present throughout and had the opportunity to cross-examine all witnesses and to present evidence on the plaintiff’s behalf.

The board deliberated and voted on the charges in a public session held on July 22,1992. The board found that the factual allegations contained in charges one, two, four, seven and eight had been proven by clear and convincing evidence, and that just cause for dis[706]*706missal had been proven for each of these charges.2 The board then, by a vote of four to one, dismissed the plaintiff on that date.

In his appeal to the trial court, the plaintiff claimed that the board’s proceedings violated his constitutional and statutory rights. The court considered and rejected each of the plaintiff’s claims, concluding that “[t]he decision by the Board was fully supported by the evidence, and the Board did not act illegally, arbitrarily, in abuse of its discretion, or with bad faith or malice. The Board had just cause based on the record to dismiss [the plaintiff] from his position of Chief of Police of Madison in accordance with the provisions of § 7-278.” Accordingly, the trial court dismissed the plaintiff’s appeal. This appeal followed.

In this court, the plaintiff contends that the judgment of the trial court should be reversed for three principal reasons. He maintains that the court should have set his dismissal aside because the board: (1) violated his constitutional rights because the board’s combination of investigative and adjudicative functions, although authorized by § 7-278, created an unconstitutional risk of prejudice in the circumstances of his case; (2) improperly exercised its adjudicative function by requiring him to prove his defenses, by disregarding the terms of his [707]*707employment contract, by presuming the applicability of town purchasing rules and regulations and by precluding full participation by one of the board members; and (3) failed to adopt regulations pursuant to General Statutes § 7-276 in advance of the plaintiffs adjudicatory hearing. We agree with the trial court’s disposition of these issues.

I

As background for our consideration of the specific issues raised by the plaintiff, we must restate briefly the nature of the plaintiff’s interest in his position. “[T]he plaintiff has a property interest in his position as chief of police that is protected by the due process clause of the fourteenth amendment to the United States constitution; see Cleveland Board of Education v. Loudermill, 470 U.S. 532, 538-39, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985); Bartlett v. Krause, 209 Conn. 352, 366-67, 551 A.2d 710 (1988); Lee v. Board of Education, 181 Conn. 69, 71-73, 434 A.2d 333 (1980); and by article first, § 8 of the Connecticut constitution. See Lee v. Board of Education, supra, 71-72 (‘[a]rticle one, section eight of our state constitution . . . given the same effect as the fourteenth amendment to the federal constitution’); see also Rado v. Board of Education, 216 Conn. 541, 555, 583 A.2d 102 (1990); Petrowski v. Norwich Free Academy, 199 Conn. 231, 234, 506 A.2d 139, appeal dismissed, 479 U.S. 802, 107 S. Ct. 42, 93 L. Ed. 2d 5 (1986).” Clisham v. Board of Police Commissioners, 223 Conn. 354, 360-61, 613 A.2d 254 (1992). Thus, in accordance with § 7-278, the plaintiff can be removed from office only upon “a showing of just cause by the authority having the power of dismissal . . . .”

Section 7-278 does not prescribe the manner in which a board must conduct the public hearing that is required to determine whether there is just cause to dismiss the [708]*708“active head of any police department.” In this case, the plaintiff was concededly afforded significant procedural rights to participate in the quasi-judicial evidentiary hearing that led to his dismissal. He does not contest that he was: given adequate written notice of the charges against him; provided with copies of all investigative reports in advance of the hearing; represented by counsel; permitted to cross-examine each witness; able to present evidence on his own behalf; permitted to present a closing argument; permitted to challenge the legal advice given to the board; able to review the proceedings, which were recorded by transcription; and afforded timely written notice of the board’s findings.3

II

The plaintiff claims that the board violated his constitutional rights because members of the board had a dual role that encompassed both investigation and adjudication.

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Bluebook (online)
643 A.2d 865, 229 Conn. 703, 1994 Conn. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anziano-v-board-of-police-commissioners-conn-1994.