Hubacz v. Village of Waterbury

The Village of Waterbury terminated Adam Hubacz as one of its police officers. The Village appealed when the trial court granted Hubacz's Rule of Civil Procedure 75 petition overturning its employment action. On interlocutory appeal, the superior court certified a question of law to the Supreme Court: whether a State’s Attorney’s unilateral decision to refuse to prosecute any cases investigated by a particular municipal police officer, alone, a sufficient basis for termination of the officer pursuant to 24 V.S.A. 1931? The Supreme Court answered this question generally in the affirmative, but with the limitations. "[C]onsideration requires a finding that the officer in question cannot fulfill the duties associated with his employment and cannot be reassigned in such a way as to accommodate the nonprosecution decision." View "Hubacz v. Village of Waterbury" on Justia Law