City of Portsmouth, New Hampshire Police Commission/Police Department v. Portsmouth Ranking Officers Association…

Summary

The court held that the arbitrator committed a plain mistake of law in treating after-acquired evidence of Goodwin's misconduct as a second ground for termination that required additional pretermination due process. Because that legal error affected the arbitrator's assessment of equitable circumstances and the amount of backpay, the court reversed in part, vacated the superior court's confirmation, and remanded for reconsideration of the award. The court did not disturb the determination that Goodwin was wrongfully terminated or entitled to some backpay.