Legal Opinion · Concurrence

Sweetnam v. Board of Police Commissioners

California Court of Appeal

Decided February 27, 1922No. Civ. No. 3648Published

The facts are stated in the opinion of the court.

1Concurrence

FINLAYSON, P. J., Concurring.

I concur in the judgment. [1] It seems to be conceded by counsel that the only provisions relating to the removal of a police officer are those which are contained in section 93 of the city charter. That section nowhere vests the board of police commissioners with the power of removal. The power to remove or to suspend is conferred upon the chief of police. The board 'is vested with the power to review the action of that officer, but not with the power to make an order of removal or suspension. Nowhere in the petition is it alleged that petitioner was removed from…

2Cases cited2 opinions

  1. Matter of CarterCalifornia Supreme Court · 1903
  2. Clay v. Civil Service CommissionSupreme Court of New Jersey · 1916

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