BOSTON POLICE PATROLMEN'S ASSOCIATION, INC. v. BOSTON


367 Mass. 368 (1975)

326 N.E.2d 314

BOSTON POLICE PATROLMEN'S ASSOCIATION, INCORPORATED & another vs. CITY OF BOSTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 9, 1975.


Attorney(s) appearing for the Case

Marilyn L. Sticklor, Assistant Corporation Counsel, for the city of Boston & another.

Henry Wise for the Boston Police Patrolmen's Association, Incorporated, & another.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.


BRAUCHER, J.

In June, 1971, a Boston policeman became a candidate for the office of city councillor. On July 2, 1971, the police commissioner adopted a rule that a member of the police department, on becoming a candidate for elective office, must take a leave of absence without pay. The policeman and an association of which he is a member challenged the validity of the rule, and a judge of the Superior Court held that it was unenforceable because contrary to G.L.c...

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