Obeda v. Board of Selectmen

429 A.2d 956, 180 Conn. 521, 1980 Conn. LEXIS 865
CourtSupreme Court of Connecticut
DecidedMay 13, 1980
StatusPublished
Cited by17 cases

This text of 429 A.2d 956 (Obeda v. Board of Selectmen) 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
Obeda v. Board of Selectmen, 429 A.2d 956, 180 Conn. 521, 1980 Conn. LEXIS 865 (Colo. 1980).

Opinion

Parskey, J.

The defendant board of selectmen (hereinafter the board) has appealed the judgment of the court ordering the board to restore the plaintiff forthwith as a member of the Inland Wetlands Commission (hereinafter the commission) of the town of Brookfield. Because on the basis of the record the trial court’s decision was proper we affirm.

*522 In January, 1978, the plaintiff was appointed by the board to a fonr-year term as a member of the commission. She subsequently was elected its presiding officer. In December, 1978, the board voted to suspend the plaintiff as a member of the commission denoting the cumulative effect of seven specified reasons as the cause of its action. In January, 1979, after a public hearing held at the plaintiff’s request, the board voted to remove the plaintiff from office.

Section 411 1 of the charter of the town of Brook-field authorizes the board to remove for cause any person appointed by it to any office or position. “ ‘Cause’ implies a reasonable ground for removal as distinguished from a frivolous or incompetent ground. Riley v. Board of Police Commissioners, 147 Conn. 113, 118, 157 A.2d 590; McNiff v. Waterbury, 82 Conn. 43, 46, 72 A. 572.” Molino v. Board of Public Safety, 154 Conn. 368, 374, 225 A.2d 805 (1966). The cause must be one which specifically relates to and affects the administration of the office, and must be restricted to something of a substantial *523 nature directly affecting the rights and interests of the public. 67 C.J.S., Officers § 120. Whether the assigned cause is sufficient in law to justify removal is a question for the court. State ex rel. Raslavsky v. Bonvouloir, 167 Conn. 357, 361, 355 A.2d 275 (1974); Wilber v. Walsh, 147 Conn. 317, 319, 160 A.2d 755 (1960). If the cause alleged is legally sufficient, then the judgment of the officer or board having the power of removal is conclusive, provided that there is evidence to support it. State ex rel. Raslavsky v. Bonvouloir, supra, 360-61.

The specified grounds on which the board acted are seven in number. The defendant concedes that two of these are legally insufficient to support removal and therefore has limited its appeal to the remaining five grounds. These are: (1) refusing to disqualify herself on a matter before the commission; (2) release of minutes of an “executive” session without giving other members of the commission an opportunity to approve them; (3) inability to control commission meetings; (4) attempting to secure resignation of a senior commission member; and (5) depriving commission of professional advice.

Refusal to Disqualify

The asserted basis for this charge is a claim by an applicant before the commission that the plaintiff was antagonistic toward him. The applicant attempted to disqualify three members of the commission on the same ground. The plaintiff, feeling that there was no substance to the claim, refused to disqualify herself.

While it is true that neutrality and impartiality of members of administrative boards and commis *524 sions are essential to the fair and proper operation of these authorities; Lake Garda Improvement Assn. v. Town Plan & Zoning Commission, 151 Conn. 476, 480, 199 A.2d 162 (1964); a charge of bias must be supported by some evidence proving probability of bias before an official can be faulted for continuing to execute her duties.

Local wetlands commissions are charged, under General Statutes § 22a-28, with the responsibility of preserving the wetlands against despoliation and destruction. The discharge of this responsibility may require the commission members to reject an otherwise acceptable application because the project is likely to have an adverse impact on the environment. In these circumstances disappointed applicants may misconstrue such rejections as being motivated by personal animosity. There might also be cases where applicants would desire to have their projects approved even at the expense of the environment. If we accept the board’s contention, in either situation the applicant could bring about the disqualification of members of the commission by the simple device of claiming hostility, for when so challenged a commission member would either have to disqualify self or face removal for failure to do so. The public policy of this state to preserve and protect wetlands would suffer by having applications affecting the wetlands judged only by those who in the name of progress would be willing to approve applications whatever the adverse environmental impact. The claim of hostility without more is not a sufficient basis for disqualification. In the absence of a showing that the commission member could not hear a given application fairly and impartially, . her refusal to recuse herself cannot be a ground for her removal.

*525 The hoard’s further contention that the plaintiff compounded her error by putting the question to other members of the commission including the alternates is also without merit. The charter makes no provision regarding the determination of disqualification. Although the town attorney advised the plaintiff that the decision to disqualify rested with her alone, the plaintiff cannot he faulted for seeking the views of other members of the commission on the question. The fact that a majority felt that she should not do so could he considered by her in making her ultimate decision. Since the question put to the other members was purely advisory, permitting both members and alternates to vote on it was of no consequence.

Release oe Minutes

The plaintiff is charged with releasing to the press minutes of a purported executive session of the commission without giving the other members of the commission an opportunity to approve them before their release. It is claimed that this constituted an act of discourtesy to the other members. Discourtesy and even rudeness not amounting to illegality of conduct, or to oppression under color of office, hardly rise to the level of cause for removal from office. 63 Am. Jur. 2d, Public Officers and Employees, § 202.

Inability to Control Meetings

The defendant next charges the plaintiff with an inability to control commission meetings. The specification under this charge relates to an argument between the plaintiff and a senior commission member regarding the disqualification issue referred to above. The trial court quite properly characterized this controversy as a personality clash between *526

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Bluebook (online)
429 A.2d 956, 180 Conn. 521, 1980 Conn. LEXIS 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obeda-v-board-of-selectmen-conn-1980.