Local 1652, International Ass'n of Firefighters v. Town of Framingham

813 N.E.2d 543, 442 Mass. 463, 2004 Mass. LEXIS 517, 175 L.R.R.M. (BNA) 2627
CourtMassachusetts Supreme Judicial Court
DecidedAugust 16, 2004
StatusPublished
Cited by7 cases

This text of 813 N.E.2d 543 (Local 1652, International Ass'n of Firefighters v. Town of Framingham) 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
Local 1652, International Ass'n of Firefighters v. Town of Framingham, 813 N.E.2d 543, 442 Mass. 463, 2004 Mass. LEXIS 517, 175 L.R.R.M. (BNA) 2627 (Mass. 2004).

Opinions

Ireland, J.

We transferred this case to this court on our own [464]*464motion to consider whether town officials may fulfil their obligation under G. L. c. 150E, § 7 (b), by submitting a budget that makes full funding of a staffing provision contained in a multiyear collective bargaining agreement contingent on town voters approving a “Proposition 2 xh“ override (override) to cover a budget shortfall (G. L. c. 59, § 21C). In Billerica v. International Ass’n of Firefighters, Local 1495, 415 Mass. 692 (1993) (Billerica), at issue was the enforceability of a minimum staffing provision contained in a multiyear collective bargaining agreement. In the second year of that agreement, the town’s administrator failed to submit a request to the town meeting for funding the provision. Id. at 693. The court held, inter aha, that such a request had to be submitted to the town meeting pursuant to G. L. c. 150E, § 7 (b), and, in the absence of such a submission, the fire fighters’ remedy was to “seek a court order compelling the town administrator ... to submit [such] request.” Id. at 696.

In this case, a Superior Court judge, pursuant to Billerica, supra, granted the request of the plaintiff union for a prehminary injunction ordering town officials to submit a request for full funding of a minimum staffing provision in the third year of the fire fighters’ three-year collective bargaining agreement. Town officials had submitted a budget that made full funding of the staffing provision contingent on the town’s voters passing an override to cover a budget shortfall. See G. L. c. 59, § 21C, inserted by St. 1980, c. 580, § 1. We conclude that town officials may not fulfil their obligation under G. L. c. 150E, § 7 (b), by submitting a budget that makes full funding of a staffing provision contingent on a potential property tax override pursuant to G. L. c. 59, § 21C.

Facts and procedural background. The basic facts are not in dispute. The town and the union entered into a three-year collective bargaining agreement covering July 1, 2000, until June 30, 2003. The only provision relevant to our discussion is art. Ill, § 7, which required a minimum staffing level of thirty fire fighters on each shift (staffing provision). The staffing provision became an issue in fiscal year 2002, when there was a projected budget shortfall of approximately seven per cent. In April, 2002, town officials prepared a budget to submit to the town meeting [465]*465that did not call for unconditional full funding of the staffing provision. Instead, town officials proposed a contingency budget and an alternative balanced budget. The contingency budget included full funding of the fire fighters’ staffing provision, only if the voters approved an override to fund the budget shortfall. The balanced budget, proposed in the event that an override failed, called for a reduction of approximately seven per cent from all town departments, including the fire department.

In material submitted to the town meeting members, town officials “recommended” the contingency budget. In the section of its budget that specifically covered the fire department’s operating budget, the staffing provision was discussed as follows:

“It is important to keep in mind that the Firefighters Contract contains a staffing provision that calls for 30 (thirty) firefighters, including 6 (six) officers, to be on duty at all time. The balanced budget, as presently constituted, cannot maintain that level of staffing. This staffing provision can be funded by the contingency budget, which is the recommendation. If a member of Town Meeting desires to assure funding in the balanced budget that is sufficient to fund the staffing provision, the member should make the appropriate motion to have Town Meeting re-allocate $725,837 of funding from other municipal budgets to the Fire Department budget.”

The contingency budget’s proposed override would have funded not only the shortfall for the fire fighters’ staffing provision, but also the shortfall in all departments. Moreover, if the override did not pass and the balanced budget was adopted, the fire fighters stood to lose fourteen positions, thereby affecting the staffing provision.

Prior to the town meeting at which the budget was to be discussed, the union requested a preliminary injunction requiring town officials to submit a budget that fully funded the staffing provision. In granting the union’s request, the judge noted that the relevant provision of the Proposition 2 V2 statute, G. L. c. 59, § 21C (m), addressed the legislative branch (in this case, the town meeting), whereas G. L. c. 150E, § 7 (b), addressed [466]*466the executive branch.2 Relying on the statutes and the holding in Billerica, supra, the judge stated that town officials could not fulfil their obligation to submit a budget containing full funding for the staffing provision, under G. L. c. 150E, § 7 (b), by proposing an override to cover the shortfall. Citing the Billerica case, the judge concluded that seeking an injunction was the union’s sole remedy. She noted that the town meeting was not required to fund the staffing provision request fully.

The town appealed from the judge’s decision to grant the preliminary injunction and enter a declaratory judgment to the Appeals Court. Meanwhile, town officials complied with the order. They proposed full funding of the staffing provision with the shortfall covered by a rubbish removal fee. The town meeting voted to approve the funding. Ultimately, the rubbish removal fee was not instituted because the town’s voters approved an override that fully funded the staffing provision. The union filed a motion to dismiss the town’s appeal of the injunction because the issue was moot. The motion was denied.3

Before turning to our discussion, we note that because the issue whether the injunction was proper is moot, it would serve no purpose to analyze the judge’s decision pursuant to the standard of review set out in Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 615 (1980). Instead, if only because it is capable of repetition, we focus on the salient legal issue. Boston Herald, Inc. v. Superior Court Dep ’t of the Trial Court, 421 Mass. 502, 504 (1995). See Commonwealth v. Gomes, 419 Mass. 630, 631 n.2 (1995), and cases cited (where issue is of significant public importance, consideration of moot case is matter of judicial discretion).

[467]*467Discussion.4 The town does not dispute that, under G. L. c. 150E, § 7 (b), it had an obligation to submit a request to the town meeting for full funding of the staffing provision. Rather, the town asserts that the part of its contingent budget that relied on an override met the requirements of G. L. c. 150E, § 7 (b). The town argues, in essence, that nothing in the language of either statute prevents town officials from using the override statute to fulfil their obligation under G. L. c. 150E, § 7 (b).

1. G. L. c. 150E, § 7 (b). The union points out that, under the contingent budget, the only way full funding could have been considered by the town meeting was if a town meeting member took the town’s advice to “make the appropriate motion ... to re-allocate . . . funding from other municipal budgets to the Fire Department.” The union contends that the plain language of G.

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Bluebook (online)
813 N.E.2d 543, 442 Mass. 463, 2004 Mass. LEXIS 517, 175 L.R.R.M. (BNA) 2627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-1652-international-assn-of-firefighters-v-town-of-framingham-mass-2004.