Commissioners of Civil Service v. Municipal Court

337 N.E.2d 682, 369 Mass. 84, 1975 Mass. LEXIS 780
CourtMassachusetts Supreme Judicial Court
DecidedNovember 10, 1975
StatusPublished
Cited by37 cases

This text of 337 N.E.2d 682 (Commissioners of Civil Service v. Municipal Court) 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
Commissioners of Civil Service v. Municipal Court, 337 N.E.2d 682, 369 Mass. 84, 1975 Mass. LEXIS 780 (Mass. 1975).

Opinion

Hennessey, J.

This is an action brought by the Commissioners of the Civil Service Commission (Commissioners) in the nature of certiorari under G. L. c. 249, § 4, as appearing in St. 1973, c. 1114, § 289, to quash a decision of a judge of the Municipal Court of the City of Boston regarding the elimination of the defendant Mrs. Katherine R. Scevola’s position as clerk-typist for the town of West Springfield. The Municipal Court judge, reversing the finding of the Civil Service Commission (commission) that the position was abolished for proper cause, ordered her reinstatement without any loss of compensation. A single justice of this court reserved and reported the case, without decision, for the determination of the full court.

We summarize both the facts as presented to the commission hearing officer and the proceedings below as disclosed by the record. In June, 1966, Mrs. Scevola was hired by the town of West Springfield as a clerk-typist for the board of selectmen’s office and the building department. She performed varied secretarial tasks for the building inspector on a part time basis, worked as a relief switchboard operator for an hour and a half a day, and starting in 1969, did some work on a sporadic basis for the board of appeals. Half of her salary came from funds of the board of selectmen and the other half came from funds of the building department. After a hearing on January 20, 1972, the board of selectmen voted two to one to abolish Mrs. Scevola’s position on the ground that there was insufficient need in either department for part [86]*86time clerical help, and that, as an economy measure, her duties could be performed by existing town employees.

Mrs. Scevola appealed to the commission and de nova hearings were held pursuant to G. L. c. 31, § 43 (b), before a hearing officer of the commission. After hearing testimony from Mrs. Scevola, the building inspector and the clerk to the board of selectmen, the commission hearing officer found that Mrs. Scevola’s position was not essential and had been abolished for proper cause and in good faith. On May 10, 1972, the commission met and voted to accept the hearing officer’s report and to affirm the abolition of the clerk-typist position.

On May 31, 1972, Mrs. Scevola brought a petition in the Municipal Court of the City of Boston pursuant to G. L. c. 31, § 45, seeking review of the decision of the commission. The Municipal Court judge, after reviewing the transcript of the evidence before the commission hearing officer, found that the “real reason” for abolishing Mrs. Scevola’s position was the friction between the building inspector and her and that the reasons stated by the board of selectmen and the building inspector were merely a subterfuge to conceal their real motivations. The judge reversed the decision of the commission and ordered the reinstatement of Mrs. Scevola without any loss of compensation. Thereafter, the Commissioners brought this action in the nature of certiorari.

The central issue before us is whether the Municipal Court judge, in reversing the findings of the commission for lack of substantial evidence, exceeded his authority under G. L. c. 31, § 45, by failing to apply properly the standards of judicial review.

1. Under G. L. c. 31, § 45, as appearing in St. 1970, c. 711, pertinent portions of which are set out in the margin,2 a civil service employee may file a petition to [87]*87review an adverse determination of the commission in the Municipal Court of the City of Boston or in the District Court within the judicial district where the employee resides.

As we have noted in the past, the essential nature of a proceeding initiated under § 45 is to provide for judicial review and not judicial retrial. See Commissioners of Civil Serv. v. Municipal Court of the City of Boston, 359 Mass. 211, 214 (1971), and cases cited. As was said in the case of Sullivan v. Municipal Court of the Roxbury Dist., 322 Mass. 566, 573 (1948): “ ‘Review’ indicates ‘a re-examination of a proceeding, already concluded, for the purpose of preventing a result which appears not to be based upon the exercise of an unbiased and reasonable judgment. It does not import a reversal of the earlier decision honestly made upon evidence which appears to an unprejudiced mind sufficient to warrant the decision made although of a character respecting the weight of which two impartial minds might well reach different conclusions, and upon which the reviewing magistrate, if [88]*88trying the whole issue afresh, might make a different finding,’” quoting from Murray v. Municipal Court of the City of Boston, 233 Mass. 186, 189 (1919). Under § 45 a judge is to review, as defined above, the action of the commission to determine whether it is “justified” on all the evidence. “‘Justified’ in connection with ‘review’ means ‘done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind, guided by common sense and by correct rules of law.’” Sullivan v. Municipal Court of the Roxbury Dist., supra at 573, quoting in substance from Selectmen of Wakefield v. First Dist. Court of E. Middlesex, 262 Mass. 477, 482 (1928).

Despite substantial changes in G. L. c. 31, § 45, particularly as a result of the 1970 amendment, the scope of review open to the judge has remained unchanged. Police Comm’r of Boston v. Municipal Court of the W. Roxbury Dist., 368 Mass. 501, 507 (1975).

Thus the issue is whether, in light of the limited scope of review under G. L. c. 31, § 45, the Municipal Court judge had sufficient basis for concluding that the commission’s findings were not supported by substantial evidence on the record as a whole. We conclude that he did not.

The commission hearing officer, in addition to finding the essentially undisputed facts already outlined, found that the workload of the building department, as measured by the number of building permits issued, had declined and that Mrs. Scevola’s duties had been “reassigned or assumed by permanent employees in the West Springfield Town Hall.” Based on these subsidiary findings, the hearing officer inferred that Mrs. Scevola’s position was abolished for proper cause. We conclude that there was ample evidence before the hearing officer to support the subsidiary findings which in turn justified his conclusion.

The head clerk in the board of selectmen’s office testified that, since she had been hired in 1969, she had never [89]*89assigned any secretarial duties to Mrs. Scevola and that she has never had a need for additional secretarial assistance. She further testified that the daily hour and a half of work as a relief switchboard operator performed by Mrs. Scevola had since been assigned to other permanent employees with more seniority. The building inspector testified that he had no need for secretarial assistance due to a decreased workload. Statistics were cited indicating a decrease in the number of building permits issued since the time Mrs. Scevola had been hired in 1966, and more significantly, a sharp decline since 1969. In addition, the building inspector testified that prior to 1966 he had performed Mrs. Scevola’s duties in the building department and that since her departure he has assumed those duties again.3 Lastly, the secretarial work done by Mrs. Scevola for the board of appeals is now being done in the law department as was the case prior to 1970.

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Bluebook (online)
337 N.E.2d 682, 369 Mass. 84, 1975 Mass. LEXIS 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioners-of-civil-service-v-municipal-court-mass-1975.