A Cambridge resident has filed a criminal complaint against two city counselors which could result in their becoming legally ineligible from ever holding public office here again.

Jerry Cole '64 filed a complaint on April 2 charging Councilors Daniel J. Clinton and Thomas W. Danehy with violating Section 107 of the city charter--the section prohibiting councilors from interfering with the appointment or removal of city officials.

Controversial Order

Cole's complaint deals with an order introduced jointly by Danehy and Clinton in the City Council on February 3, which required City Manager James L. Sullivan to appoint Cambridge Police Lieutenant Alfred Lange to the rank of captain. The order was passed by the council by a 5-4 vote.

Lange had achieved the second highest score among candidates for the position on a police civil service examination, but Sullivan failed to appoint him, although two police officers were eligible for promotion.

Sullivan instead exercized his legal option to choose among the three highest scoring candidates, and skipped over Lange, appointing Lt. Henry Breen who finished third on the exam, in addition to Lt. Leo Davenport, the highest scorer.

When he introduced the order, Danehy said that Lange had been passed over because he had been a political opponent of Sullivan, and a supporter of Danehy, in past elections.

Cole said yesterday he brought the complaint against Clinton and Danehy, because, "a violation of the law occurred, and I felt obliged to report it, just as one would a burglary."

In addition to the ban on holding office, the two councilors would face a fine of up to $500 and a jail term of six months, if found guilty of violating the city charter.

Clinton said yesterday his lawyer had advised him not to comment on the case before a hearing is held. "I've had trouble with Cole before," he said.

Danehy could not be reached for comment.

A preliminary hearing is scheduled for Monday morning in the Third District Court.