Correia v. Town of Alton, 157 N.H. 716

Summary

The Supreme Court of New Hampshire held that RSA chapter 43 does not apply to the termination hearing of a police officer under RSA 41:48. Because the trial court improperly required the town selectmen to appoint alternates under RSA 43:7, the court reversed and remanded. The court did not reach the petitioner’s remaining due process arguments.

Holdings

1. RSA chapter 43 does not apply to the termination hearing of a police officer governed by RSA 41:48.
2. The introductory language of RSA 43:1 does not independently require RSA chapter 43 procedures for police-officer termination hearings.

Questions Presented

1. Whether RSA chapter 43 governed the termination hearing of a permanent police officer under RSA 41:48.
2. Whether RSA 43:7 required the Board of Selectmen to appoint alternates for the two recused members.
3. Whether the court needed to reach Correia's remaining procedural and due process arguments.

Disposition

reversed_and_remanded