Viveiros v. Town of Middletown

973 A.2d 607, 2009 R.I. LEXIS 100, 2009 WL 1897855
CourtSupreme Court of Rhode Island
DecidedJuly 2, 2009
Docket2008-166-Appeal
StatusPublished
Cited by8 cases

This text of 973 A.2d 607 (Viveiros v. Town of Middletown) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Viveiros v. Town of Middletown, 973 A.2d 607, 2009 R.I. LEXIS 100, 2009 WL 1897855 (R.I. 2009).

Opinions

OPINION

Justice SUTTELL,

for the Court.

We are presented in this case with a question of constitutional construction concerning the home-rule provisions of the Rhode Island Constitution: Once a municipality has adopted a home-rule charter, must any change to the charter be accomplished only in accordance with the amendment procedures set forth in section 8 of article 13 of the Rhode Island Constitution, or may a new charter be adopted pursuant to procedures outlined in sections 6 and 7 of article 13?

The plaintiffs, Antone Viveiros, Albert Gauthier, and Carolyn Frye, appeal from an entry of summary judgment in favor of the Town of Middletown (the town), frustrating their quest to replace the town’s existing charter with a new charter. This case came before the Supreme Court for oral argument pursuant to an order directing the parties to show cause why the issues raised in this appeal should not be summarily decided. After examining the written and oral submissions of the parties, we are of the opinion that the appeal may be resolved without further briefing or argument. For the reasons stated in this opinion, we affirm the judgment of the Superior Court.

I

Facts and Procedural History

The facts of this case are not in dispute. On January 8, 2007, Antone Viveiros submitted an initiative petition to the town clerk of the Town of Middletown for certification and presentment to the town council. The initiative petition, purportedly signed by 15 percent of the town’s qualified electors (those persons qualified to vote), proposed that the following questions be presented to the voters at a special or general election: (1) whether a new town charter should be adopted to replace the existing town charter and, if so, (2) who should be elected to a charter commission to frame a new town charter.

[609]*609On January 11, 2007, the town solicitor returned the petition to Mr. Viveiros with a letter maintaining that the requested procedure did not conform to article 13 of the Rhode Island Constitution, which establishes home rule for the cities and towns of Rhode Island. The letter informed Mr. Viveiros that the requested procedure is available only “in a situation where a municipality seeks to adopt a charter in the first instance.”1 The town solicitor characterized the proposal as an attempt to amend the existing town charter and thus informed Mr. Viveiros that he must follow the mandate of the amendment provision of article 13.

The plaintiffs filed the instant action on February 5, 2007. They sought a declaratory judgment that article 13 of the state constitution allows the submission of Mr. Viveiros’s petition and that, pursuant to that petition, the qualified electors of the town must be allowed to vote on whether a new charter should be adopted and, if so, elect a charter commission to frame such new charter. The plaintiffs also requested the issuance of a writ of mandamus directing the town clerk and town council to fulfill their ministerial duties in regard to the petition.

The plaintiffs and the town filed cross-motions for summary judgment in May [610]*610and June 2007, respectively. At a hearing on the motions, on August 3, 2007, the hearing justice agreed with the town that a home-rule charter could be amended, altered or revised only in the manner prescribed by the amendment provision of article 13. She disagreed with plaintiffs’ interpretation of the state constitution that the procedure for “adoption” of a home-rule charter also pertained to replacing an existing charter with a new charter. In so deciding, the hearing justice denied plaintiffs’ motion and granted the town’s motion for summary judgment. Final judgment was entered on August 20, 2007. The plaintiffs filed a timely notice of appeal on August 28, 2007.2

On appeal, plaintiffs argue that the hearing justice erred in granting summary judgment in favor of the town because the home-rule provisions of the state constitution do not distinguish between the adoption of the town’s initial charter and the adoption of any subsequent charter to replace an existing charter. The plaintiffs maintain that the words used in sections 6 and 7 of article 13 are free of ambiguity and do not limit the use of the procedures set out therein to the adoption of a city or town’s initial charter. Had the framers of the home-rule provisions intended that the mandates of sections 6 and 7 of article 13 apply only in the case of the adoption of a municipality’s initial charter, plaintiffs argue, those provisions easily could have stated as much. Additionally, plaintiffs contend that the words “amend” and “replace” have entirely different connotations: “Replace” is synonymous with “supplant” or “substitute,” while “amend” connotes a mere “alteration” of something that already exists. Therefore, plaintiffs argue, the amendment provision does not apply to a wholesale replacement charter.

The town responds that the language of the state constitution and case law envision the adoption of a municipal charter as a one-time event. It maintains, also, that plaintiffs’ action is, as a practical matter, nothing more than an attempt to amend the Middletown charter in a manner different from what is prescribed by the state constitution because “it would be virtually impossible to adopt a new charter without retaining some of the provisions of the existing charter.” The town contends, alternatively, that any change, even a total change, still must be considered an amendment.

II

Standard of Review

In matters of constitutional interpretation, this Court’s “ ‘chief purpose is to give effect to the intent of the framers.’ ” Riley v. Rhode Island Department of Environmental Management 941 A.2d 198, 205 (R.I.2008). We “employ the well-established rule of construction that when words in the constitution are free of ambiguity, they must be given their plain, ordinary, and usually accepted meaning.” Id. (quoting City of Pawtucket v. Sundlun, 662 A.2d 40, 45 (R.I.1995)). “‘[E]very clause must be given its due force,’ ” meaning “ ‘no word or section must be assumed to have been unnecessarily used [611]*611or needlessly added.’ ” Id. “[W]e must ‘presume the language was carefully weighed and its terms imply a definite meaning.’ ” Id.

The historical context of a constitutional provision also is important in ascertaining its meaning, scope and effect. Riley, 941 A.2d at 205; see also In re Advisory Opinion to the Governor, 688 A.2d 288, 291 (R.I.1997) (“a page of history is worth a volume of logic”) (quoting Justice Oliver Wendell Holmes in New York Trust Co. v. Eisner, 256 U.S. 345, 349, 41 S.Ct. 506, 65 L.Ed. 963 (1921)). Thus, this Court may properly consult extrinsic sources, including “the history of the times” and the “state of affairs as they existed” when the constitutional provision in question was adopted, as well as the proceedings of constitutional conventions. Sundlun, 662 A.2d at 45.

Ill

Discussion

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Viveiros v. Town of Middletown
973 A.2d 607 (Supreme Court of Rhode Island, 2009)

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Bluebook (online)
973 A.2d 607, 2009 R.I. LEXIS 100, 2009 WL 1897855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/viveiros-v-town-of-middletown-ri-2009.