Jason Boucher v. Town of Moultonborough

Summary

The Supreme Court of New Hampshire held that RSA 41:48 does not require exhaustion of administrative remedies when a police officer alleges constructive discharge because the statute does not contemplate constructive discharge or provide a corresponding administrative process. The court reversed the dismissal of Jason Boucher’s complaint and remanded the case. It declined to decide whether the complaint adequately stated a wrongful termination claim.

Holdings

1. RSA 41:48 does not contemplate constructive discharge where the police officer received no formal notice of intent to dismiss and was never formally removed by the select board; therefore, the statute provides no administrative process that the plaintiff was required to exhaust.
2. The superior court erred in finding that Boucher failed to exhaust administrative remedies under RSA 41:48.
3. The court declined to reach the Town's argument that Boucher failed to state a wrongful-termination claim because the superior court had not addressed the merits of the complaint.

Questions Presented

1. Whether RSA 41:48 required Boucher to exhaust administrative remedies when he alleged constructive discharge without formal notice of intent to dismiss or formal removal by the select board.
2. Whether the superior court erred in dismissing the complaint for failure to exhaust administrative remedies under RSA 41:48.
3. Whether Boucher stated a claim for wrongful termination based on constructive discharge.

Disposition

reversed_and_remanded