Treasurer of Rowley v. Town of Rowley

468 N.E.2d 855, 393 Mass. 1, 1984 Mass. LEXIS 1728
CourtMassachusetts Supreme Judicial Court
DecidedSeptember 10, 1984
StatusPublished
Cited by1 cases

This text of 468 N.E.2d 855 (Treasurer of Rowley v. Town of Rowley) 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
Treasurer of Rowley v. Town of Rowley, 468 N.E.2d 855, 393 Mass. 1, 1984 Mass. LEXIS 1728 (Mass. 1984).

Opinion

O’Connor, J.

Elizabeth A. George, treasurer of the town of Rowley (treasurer), commenced this action in the Superior Court, seeking a declaration under G. L. c. 231A that any payments by her of compensation to the shellfish commissioners and the cemetery commissioners for services rendered during the town’s 1983 fiscal year would violate various statutory provisions. She also requested an order enjoining the defendants from signing or attempting to enforce any account, warrant, or similar request or order of payment to the commissioners until statutory requirements for such payments have been met. The parties filed a statement of agreed facts and cross motions for summary judgment. A judge of the Superior Court entered a judgment holding that “the payment of an hourly wage to the Commissioners is lawful and in compliance with any and all provisions of G. L. c. 41, § 108, G. L. c. 268A, § 21A and G. L. c. 44, § 31,” and ordering the treasurer to “discharge the duties of her office and distribute all payments to the Commissioners to which they are entitled.” The treasurer appealed and we transferred the case to this court on our own motion. We hold that, in the circumstances of this case, the treasurer is bound to make the disputed payments to the commissioners. The basis of our holding, however, is not that the commissioners are entitled to an hourly wage, as was determined by the judge. That is a matter we do not decide. Rather, we conclude that the treasurer is required to pay any bills or payrolls submitted to her with the approval of the town accountant and board of selectmen,4 and therefore has no standing to challenge the commissioners’ rights to the payments.

[3]*3The town of Rowley has three elected cemetery commissioners and two elected shellfish commissioners. At the 1963 annual town meeting, the town voted “to allow the cemetery commissioners the right to work as laborers at the hourly wage.” At the 1964 annual town meeting, the town voted to allow the shellfish commissioners “the right to work as laborers, at the town hourly wage.” The parties stipulated “that since 1963-1964, the [commissioners] have employed themselves as laborers by their respective departments,” and that after the 1963-1964 votes, “there have been no further votes ... at any Annual Town Meeting authorizing the Commissioners of either department to employ themselves as laborers.”

The parties stipulated further “that the method for obtaining payment of bills or payrolls is as follows: The Town Accountant prepares a Warrant for payment of bills or payroll which have been submitted to him by the various departments; his signature on same indicates approval for payment; that Warrant is then submitted along with vouchers to the Board of Selectmen and they must approve or disapprove same; following the Selectmen’s approval and signature, it is then submitted to the Treasurer for payment.” We assume that these procedures were followed with respect to the 1983 fiscal year payrolls at issue. See note 4, supra.

Prior to the 1982 annual town meeting, the commissioners submitted 1983 fiscal year annual budgets for their respective commissions to the town finance commission. The finance commission recommended approval of these budgets, which were then approved at the annual town meeting. The budgets were approved in the following format:

Shellfish Commission
Wages $4,300
Expenses $ 700
Cemetery Department
Wages and Salaries $9,585
Expenses $2,830

[4]*4In the years following the 1963-1964 votes, “the Shellfish Commission and the Cemetery Department have submitted a budget in the approximate form shown [above]; and payment has been made thereon to the Commissioners through Fiscal Year 1982.”

On June 19, 1981, the treasurer suggested in a letter to the board of selectmen that a ruling be obtained from town counsel concerning the method of payment to the commissioners. She stated that “as Treasurer & Collector of the Town, the Town Accountant and I are the target of the State Audits and I want a letter in writing from Town Counsel to have in my files.” On June 22, 1981, the town counsel wrote a letter to the chairman of the board of selectmen expressing his opinion that “the town has complied with [G. L. c. 41, § 108].” The town counsel repeated this opinion in a letter to the chairman of the board of selectmen on June 21, 1982.

Since July 1, 1982, the first day of the 1983 fiscal year, however, the treasurer has refused to pay any compensation to the commissioners. She brought the present complaint seeking a declaration that such payment would violate several statutory provisions. On appeal, she first argues that the lump sum appropriation for wages in the annual budget for a commission “is too indefinite to be a valid appropriation” because it “invites self-dealing” and conceals from the public “how much money is paid to the commissioners for their duties as commissioners, and how much is paid to them and others as laborers of the Commissions.” Second, she argues that “the lump sum appropriation is illegal under [G. L. c. 41], § 108, which states in part ‘the salary and compensation of all elected officers of a town shall be fixed annually by a vote of the town at an annual town meeting.’ ” She maintains that the town votes in 1963 and 1964 do not satisfy the annual vote requirement of this provision. Finally, the treasurer argues that the 1963 and 1964 votes do not satisfy the 1968 conflict of interest law, G. L. c. 268A, § 21A, which statute requires the approval of an annual town meeting before a member of a municipal commission shall be eligible for appointment to any position under the supervision of such commission. We do not reach the treas[5]*5urer’s arguments because we agree with the defendants that the treasurer had no authority to withhold payment on the vouchers presented to her.

The commissioners receive their compensation from the town by submitting the payrolls for their departments to the town accountant. The town accountant approves the payrolls by submitting a warrant for payment, along with vouchers, to the board of selectmen for their approval. Approved vouchers are then presented to the treasurer for payment. This system, which gives the town accountant the power to authorize or disapprove payments, comports with G. L. c. 41, § 56. Section 56 provides that “[t]he town accountant may disallow and refuse to approve for payment, in whole or in part, any claim as fraudulent, unlawful or excessive, and in such case he shall file with the town treasurer a written statement of reasons for such refusal.”5

The town’s method of approving payments also complies with G. L. c. 41, § 52, which provides that “the selectmen in towns . . . shall approve the payment of all bills or pay rolls of all departments before they are paid by the treasurer, and may disallow and refuse to approve for payment, in whole or in [6]*6part, any claim as fraudulent, unlawful or excessive.” This provision was enacted in response to the Report of the Joint Special Committee on Municipal Finance, 1913 House Doc. No. 1803, which recommended “[t]hat the auditors in cities and the selectmen in towns be given authority to disallow and refuse to pay any claim against the municipality on the ground that it is fraudulent, unlawful or excessive.” Id. at 63.

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Bluebook (online)
468 N.E.2d 855, 393 Mass. 1, 1984 Mass. LEXIS 1728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/treasurer-of-rowley-v-town-of-rowley-mass-1984.