Section 56E Removal of members; notice and hearing; appeal - Massachusetts Statutes

Section 56E. Any member of a municipal light board or municipal light commission appointed under the provisions of any general or special law may be removed by the appointing authority for misfeasance or malfeasance in office or wilful neglect of duty. Prior to such removal the member shall be given a full hearing before the appointing authority, of which hearing he shall have at least three days’ written notice, exclusive of Sundays and holidays, from the appointing authority. Said notice shall contain a full and complete statement of the specific reasons which are alleged to constitute the cause for such removal. Within two days, exclusive of Sundays and holidays, after completion of said hearing, the appointing authority shall give such member a written notice of his decision, stating fully and specifically the reasons therefor.

Any hearing under this section shall, if either party concerned so requests in writing, be public, and at any such hearing the member concerned shall be allowed to answer the charges preferred against him either personally or by counsel.

Within thirty days after receipt of the decision of the appointing authority, a member who was so removed may appeal to the superior court for the county in which the plant is located. Notwithstanding a decision of the appointing authority removing a member he shall continue to serve until the expiration of the appeal period provided in this paragraph. If such member appeals as hereinbefore provided such appeal shall be advanced for a speedy hearing. The court shall hear all pertinent evidence and determine the facts, and, upon the facts as so determined, annul or affirm such decision. Until the court affirms the order removing such member, his removal shall not take effect and such member shall continue to exercise the powers and perform the duties of his office. The decision of the court shall be final and conclusive upon the parties and a copy of the decision shall be forwarded forthwith by the clerk of the court to the appointing authority.