2/27/1985 BOARD OF SELECTMEN Minutes

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1F ZISSON AND VEARA ATTORNEYS AT LAW EIGHTEEN TRCMONT STREET BOSTON. MASSACHUSETTS 02109 RICHARD I . ZISSON (917) 923.1105 EDWARD E. VEARA PAUL V. BENATTI H H H SNM1OING, 90VTC 12A MARION R. HOBBS S.GCNNIS, MASSACHUSETTS 02660 J. RICHARD RATCLI«E (617)39S-SSSA JOHN J. TARPEY February 27 , 1985 Board of Selectmen Mashpee Town Hall Central Road Mashpee, MA 02649 - i -.:i Re: Patrolman David T. Aitchison Gentlemen: This letter is being written for purposes of inclusion in the formal records of a hearing held in the offices of the Board of Selectmen at 7: 00 P.M. on Wednesday, February 27, 1985, to consider the termination of the employment of Patrolman David T. • Aitchison from the Mashpee Police Department. Prior to the scheduling of this hearing, you have unilaterally, and in our opinion, unlawfully terminated Mr. Aitchinson ' s salary from the Mashpee Police Department, which action we believe to violate the provisions of Massachusetts General Laws Chapter 41 , Section 111F. You have been made aware that a proceeding is now pending before the Barnstable Superior Court to be heard on Tuesday, March 5, 1985 wherein judicial review will occur and that a determination will be made as to whether or not Mr. Aitchison should be reinstated to the payroll, with reimbursement for those wages not paid. In addition, you have been put on notice in writing, as early as February 19, 1985, that Mr. Aitchison objects to the conduct of this hearing concerning his termination of employment and that he wishes to be represented by counsel with respect to the same. You have been advised as early as February 19, 1985, in writing that Mr. Aitchison 's attorney, who has represented him in this matter concerning his retirement from the Mashpee Police Department for more than five years, was not available for preparation and adequate representation in this hearing, that a continuance of one or two weeks was requested for purposes of one, preparation and two, to receive the results of the aforementioned determination by the Barnstable Superior Court as to whether your removal of Mr. Aitchison from the payroll was proper and lawful .