Hennessey v. City of Bridgeport

569 A.2d 1122, 213 Conn. 656, 1990 Conn. LEXIS 43
CourtSupreme Court of Connecticut
DecidedFebruary 13, 1990
Docket13799
StatusPublished
Cited by52 cases

This text of 569 A.2d 1122 (Hennessey v. City of Bridgeport) 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
Hennessey v. City of Bridgeport, 569 A.2d 1122, 213 Conn. 656, 1990 Conn. LEXIS 43 (Colo. 1990).

Opinion

Peters, C. J.

The dispositive issue in this appeal is whether a city may dismiss a municipal officer who was appointed for a fixed term of office, before the expiration of that term, solely on the basis of severe deterioration in the city’s financial condition. The plaintiff, William Hennessey, instituted this action against the city of Bridgeport and its former mayor, Thomas W. Bucci (mayor), seeking, inter alia, a writ of mandamus ordering the defendants to restore him to the position of administrator for humane affairs.1 Following a hearing, the trial court denied the plaintiff’s mandamus request. The plaintiff appealed to the Appellate Court, and we transferred the case to ourselves pursuant to Practice Book § 4023. We find no error.

The trial court found the following facts, which are undisputed. In accordance with § 51.5 of the Bridgeport charter,2 the plaintiff was appointed administrator for humane affairs on January 8, 1986, for a four year term of office. On February 19,1988, well before the expiration of the plaintiff’s term of office, the mayor verbally notified the plaintiff of his dismissal due to the [658]*658city’s financial crisis. The mayor also dismissed twenty-eight other city employees at the same time. No hearings were held either before or after any of the layoffs, and the defendants acknowledge that there were no performance or disciplinary reasons for the dismissals. The city was in severe financial distress at the time of the dismissals, and this condition was the sole reason for the city’s action.3 Indeed, Bridgeport’s financial condition was so troubled that the General Assembly enacted special legislation establishing a financial review board to oversee the city’s operation and authorizing a special bond issue to finance the city’s deficit. Spec. Acts 1988, No. 88-80.

[657]*657“The mayor shall appoint an administrator for humane affairs for a term of four years, beginning January 1, 1962. The administrator of humane affairs shall also be the director of public health and registrar of vital statistics for the city of Bridgeport.”

[658]*658Nine months after his dismissal, the plaintiff instituted this action seeking both damages and a writ of mandamus for reinstatement to his former position. In the trial on the mandamus action, the trial court ruled against the plaintiff for two reasons. First, the court concluded that the mayor’s implied authority to dismiss city personnel for financial reasons superseded the plaintiff’s right to serve his full four year term as administrator for humane affairs. Second, the trial court found that the plaintiff’s nine month delay in pursuing his claim for mandamus was sufficiently unexplained, inequitable, and prejudicial to sustain the defense of laches. Although the plaintiff’s appeal challenges both of these trial court rulings, we do not address the applicability of the doctrine of laches to this case because we conclude that the plaintiff has failed to establish his entitlement to a writ of mandamus.

Mandamus, a cause of action with deep roots in the American legal tradition, is the proper remedy for reinstatement of a public officer who, despite a clear legal [659]*659right to remain in office, has been wrongfully ousted from that position. State ex rel. Comstock v. Hempstead, 83 Conn. 554, 556, 78 A. 442 (1910); Thompson v. Troup, 74 Conn. 121, 124, 49 A. 907 (1901); see also Marbury v. Madison, 5 U.S. (1 Cranch) 137, 168-73 (1803). It bears emphasis, however, that “[t]he writ of mandamus is an extraordinary remedy to be applied only under exceptional conditions, and is not to be extended beyond its well-established limits.” Lahiff v. St. Joseph’s Total Abstinence Society, 76 Conn. 648, 651, 57 A. 692 (1904); McAllister v. Nichols, 193 Conn. 168,171, 474 A.2d 792 (1984). Furthermore, “[mjandamus neither gives nor defines rights which one does not already have. It enforces, it commands, performance of a duty. It acts at the instance of one having a complete and immediate legal right; it cannot and it does not act upon a doubtful or a contested right . . . State ex rel. Comstock v. Hempstead, supra, 561; McAllister v. Nichols, supra, 171-72.

A party seeking a writ of mandamus must establish: “(1) that the plaintiff has a clear legal right to the performance of a duty by the defendant; (2) that the defendant has no discretion with respect to performance of that duty; and (3) that the plaintiff has no adequate remedy at law.” Vartuli v. Sotire, 192 Conn. 353, 365, 472 A.2d 336 (1984); Harlow v. Planning & Zoning Commission, 194 Conn. 187, 196, 479 A.2d 808 (1984). Even satisfaction of this demanding test does not, however, automatically compel issuance of the requested writ of mandamus. Hackett v. New Britain, 2 Conn. App. 225, 229, 477 A.2d 148, cert. denied, 194 Conn. 805, 482 A.2d 710 (1984). In deciding the propriety of a writ of mandamus, the trial court exercises discretion rooted in the principles of equity. Sullivan v. Morgan, 155 Conn. 630, 635, 236 A.2d 906 (1967). In the exercise of that discretion, special caution is war[660]*660ranted “where the use of public funds is involved and a burden may be unlawfully placed on the taxpayers . . . Id.

In this case, the plaintiff principally challenges the trial court’s conclusion that because the defendants’ duty to the plaintiff included some element of discretion4 the second part of the mandamus test has not been met. The plaintiff maintains that the defendants had a nondiscretionary duty to appoint an administrator for humane affairs for a four year term, and lacked any power to remove him from office before the expiration of that term, unless they could demonstrate, after giving the plaintiff notice and a hearing, that there was just cause for his removal. The trial court’s error, according to the plaintiff, lies in its misconstruction of § 24 (a) of the Bridgeport charter5 6as affording the mayor the authority to order layoffs for fiscal reasons. That section, the plaintiff contends, merely permits the [661]*661mayor to make recommendations, presumably to the city council, concerning measures to improve the city’s financial condition, but does not allow the mayor unilaterally to implement policies to that end. Like the trial court, we acknowledge that the plaintiff’s appointment for a four year term would ordinarily entitle him to serve the entire term unless removed for cause, but hold that the mayor’s responsibility to manage the city’s finances affords him the implied power to dismiss city personnel for serious fiscal reasons.

As the plaintiff correctly notes, a “city can do no act . . . unless it is authorized to do so by its charter.” Lacava v. Carfi, 140 Conn. 517, 520, 101 A.2d 795 (1953); Perretta v. New Britain,

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Bluebook (online)
569 A.2d 1122, 213 Conn. 656, 1990 Conn. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hennessey-v-city-of-bridgeport-conn-1990.