City Council v. City of Boston

434 N.E.2d 1250, 386 Mass. 171, 1982 Mass. LEXIS 1439
CourtMassachusetts Supreme Judicial Court
DecidedMay 7, 1982
StatusPublished
Cited by4 cases

This text of 434 N.E.2d 1250 (City Council v. City of Boston) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City Council v. City of Boston, 434 N.E.2d 1250, 386 Mass. 171, 1982 Mass. LEXIS 1439 (Mass. 1982).

Opinion

Lynch, J.

This is a ten-taxpayer action for declaratory and injunctive relief brought by those who were at the time the nine city councillors of Boston, in their official capacities and individually, together with a tenth resident of Boston. See G. L. c. 214, § 1; G. L. c. 231A, § 1; and G. L. c. 40, § 53. The plaintiffs allege that certain transactions between city departments constitute transfers of appropriations in violation of a provision of the city charter2 requiring that such transfers be approved by two thirds of the city council. After the plaintiffs’ two applications for preliminary injunctive relief were denied by two different judges of the Superior Court, the case was advanced for speedy trial and was tried in February of 1981 by a third Superior Court judge. On March 5, 1981, the trial judge ruled that the challenged transactions violated the city charter and permanently enjoined the defendants from making further trans[173]*173fers of appropriations without the approval of two thirds of the council.

On March 13, 1981, the plaintiffs filed a motion for a preliminary injunction to prevent the defendants from paying certain sums of money from various departmental appropriations to the Boston Redevelopment Authority (BRA). The plaintiffs alleged that these payments would violate the permanent injunction which had been entered against the defendants. On March 18, 1981, the trial judge made written findings of fact and rulings of law in which he described the proposed payments as “obviously an effort to circumvent the requirements of the March 5, 1981 permanent injunction.” However, he found it unnecessary to issue a new permanent injunction or to reissue the March 5 injunction because the city could be expected to “recognize the limitations on its authority and . . . conform to them,” quoting from Anderson v. Boston, 376 Mass. 178, 200 (1978).

The defendants then sought a stay of the March 5, 1981, injunction from a single justice of this court. The single justice agreed with the defendants that the judge’s rulings presented substantial questions of interpretation but declined to issue a stay on the ground that the questions should be handled initially by the judge who heard the case. Final judgment was then entered against the defendants in the Superior Court, and the defendants appealed. We transferred the case to this court on our own motion, and we now affirm the judgment.3

1. Introduction.

At issue in this case is the meaning of St. 1909, c. 486, § 3B, as appearing in St. 1941, c. 604, § 1, set out in full at note 2, supra, and its application to the transactions described be[174]*174low. Section 3B provides, in relevant part, that “[a] tier an appropriation of money has been duly made by the city of Boston for any specific purpose, or for the needs and expenditures of any city department. . . , no transfer of any part of the money thus appropriated shall be made except in accordance with and after the written recommendation of the mayor to the city council, approved by a . . . vote of two thirds of all the members of the city council . . . .” We begin our analysis by reviewing in some detail the transactions which gave rise to this action. The relevant facts are drawn from the findings of the trial judge and from certain exhibits introduced at trial. The defendants have not challenged any of the judge’s findings on appeal.

2. Factual Background.

a. Events prior to entry of March 5,1981, permanent injunction. Pursuant to St. 1909, c. 486, § 3, as appearing in St. 1941, c. 604, § 1, the defendant mayor of Boston submitted to the city council a proposed operating budget for Boston for the fiscal year beginning July 1, 1980 (the program budget). In this document the mayor recommended to the city council specific appropriations for all city departments and divisions of departments. The recommendations were quite detailed. For each department and each “program” within that department the total amount requested was broken down into categories such as “personal services,” “contractual services,” and “supplies and materials.” The program budget also contained a “summary of personal services” for each program, indicating the total number of positions recommended by the mayor and the total amount recommended to fund those positions.

The mayor’s program budget included recommended appropriations for five new departments: the Energy Office, the Mayor’s Office of Policy Development, the Office of Public Safety, the Mayor’s Office of Communications, and Boards and Commissions. The mayor also submitted to the council proposed ordinances to create these new depart-[175]*175merits.4 The city council appropriated no funds for the five new departments in its July 30, 1980, appropriation order for fiscal year 1980-1981 and, in August of 1980, the council rejected the mayor’s proposal for ordinances creating the departments.

A group of city department heads met several times after July, 1980, to discuss the council’s action on the proposed new departments. In the words of the judge, “a consensus was reached that, because of their importance to the Mayor and their merit, the policies and programs implicit in the operations of the [five new] entities . . . , although neither created as departments or divisions of departments nor funded by appropriations, should nevertheless be carried out under the aegis of other existing City departments and divisions of such departments which carried out similar and analogous policies and programs.” Direct funding for the operation of these programs within existing departments, through requests for additional or supplementary appropriations to the council, was not sought. An assessment was made that it was unlikely that such requests would be granted. At least by July 1, 1980, and possibly earlier, there were groups of city employees working within existing departments as separate entities with the names of the proposed new departments and the functions which had been proposed for those new departments.

The judge made extensive findings on the administrative and fiscal structure supporting the operation of the five entities. Each entity was assigned to a “host department” in the following manner: the Energy Office and the Mayor’s Office of Policy Development were hosted by the Office of Public Facilities; the Office of Public Safety and the Mayor’s Office of Communications were hosted by the Office of Public Service (a division of the mayor’s office); and Boards and Commissions was hosted by the Community Services [176]*176Administration (also a division of the mayor’s office). Despite the formal presence of the “hosted entities” within existing city departments, the staff of each entity was supervised by its own director and not by the head of the host department. Each hosted entity operated with its own “budget” or spending limit and performed the same services which had been described in the proposals to create the entity as a new department with its own appropriation.

In his 1980-1981 program budget the mayor had recommended substantial increases in the personnel appropriations for the three offices which eventually functioned as host entities. The amounts actually appropriated by the council for personnel in these offices, while they represented increases over the 1979-1980 appropriations, were significantly lower than the appropriations which the mayor had sought.

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Bluebook (online)
434 N.E.2d 1250, 386 Mass. 171, 1982 Mass. LEXIS 1439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-council-v-city-of-boston-mass-1982.