## Facts

- A New Bedford police officer held office under a statute providing tenure “during good behavior” and removal by the mayor “for cause deemed by him sufficient, after due hearing.”
- A police regulation prohibited officers from soliciting money or aid “for any political purpose whatever,” and another rule prohibited membership in a political committee.
- A written complaint alleged the officer engaged in political canvassing in two elections and solicited votes, aid, and assistance for political parties and candidates.
- The chief of police transmitted the complaint to the mayor under departmental procedure.
- The officer received short notice of an initial hearing before the mayor, attended, and offered no evidence; at an adjourned hearing he appeared with counsel and requested additional specifications, which the mayor refused.
- The officer had previously been confronted about the conduct and admitted the violation to the mayor.
- The mayor found a rule violation and removed the officer; the officer sought mandamus compelling reinstatement, arguing the rule was unconstitutional, the finding was insufficient “cause,” and the hearing was not “due.”

## Issues

1. Whether a municipal police department may constitutionally require, as a condition of employment, that officers refrain from soliciting money or aid for political purposes and from certain political activities.
2. Whether violation of such a regulation constitutes sufficient “cause” for removal of a police officer serving “during good behavior” under a statute requiring removal only “for cause” after “due hearing.”
3. Whether the process provided by the mayor satisfied the statutory requirement of a “due hearing.”

## Decision

- The court denied mandamus and upheld the officer’s removal.
- The political-solicitation prohibition was a valid and reasonable condition of holding the office of police officer.
- A violation of the rule constituted sufficient cause for removal under the “good behavior” tenure statute.
- The officer received a “due hearing” within the meaning of the statute.

## Legal Principles

- A person may retain general constitutional liberties yet lack any constitutional entitlement to a particular public position; government may impose reasonable conditions on holding offices within its control.
- A municipality may make compliance with reasonable police regulations part of the “good conduct” expected of officers and treat violations as cause for removal.
- Statutory “due hearing” for removal is satisfied where the officer receives written notice of the charge’s substance, an opportunity to appear (including with counsel), and a chance to respond, even if additional specifications are denied, when the allegations are sufficiently described and understood.

## Conclusion

The court held that a city may condition police employment on reasonable restrictions against political solicitation and related political activity, and that an admitted violation of such a rule supplies cause for removal after a statutorily adequate hearing; mandamus relief to reinstate the officer was therefore unavailable.


McAuliffe v. Mayor of New Bedford, 29 N.E. 517 (Mass. 1892)