Retirement Board of Attleboro v. School Committee of Attleboro

The Attleboro retirement board and Paul J. Bellavance, a demoted employee of the Attleboro school department, brought this action seeking a declaration that the defendants had unlawfully denied Bellavance procedural rights to which they assert he is entitled under G. L. c. 32, § 16 (2) (1992 ed.).

Section 16 (2) provides that the “removal or discharge” of public employees in certain classifications shall not become effective unless and until a written notice containing a fair summary of the facts on which such action is based has been filed with the appropriate retirement board. 3 The employee…