Opinion
No. 17-78
Opinion Filed May 22, 1979
Public Employees — Suspension and Dismissal — Review
City Council's dismissal of police officer, pursuant to findings and conclusions certified to it by district court, could not be directly appealed. 24 V.S.A. § 1932.
Attempted appeal from city council's dismissal of appellant as a police officer. Dismissed.
McNeil, Murray Sorrell, Burlington, for Plaintiff.
David W. Downes, Boston, Massachusetts, for Defendant.
Present: Barney, C.J., Daley, Larrow, Billings and Hill, JJ.
Although the notice of appeal below was filed with the district court, the attempt is to appeal from the action of the Winooski City Council dismissing appellant as a police officer, pursuant to the findings and conclusions certified to it by the district court.
The findings of the district court are, by statute, final. 24 V.S.A. § 1932(c). Nor is there any statutory provision for an appeal from the action of the City Council. And no right of appeal is conferred by the Administrative Procedure Act, 3 V.S.A. §§ 801-816, because the City Council is not a " state board, commission, department, or officer" (emphasis added) within the meaning of § 801(1).
There being no statutory authority for the attempted direct appeal, it must be dismissed. City of Winooski v. Martin, 134 Vt. 617, 365 A.2d 986 (1976).
Appeal dismissed.