____________________________________________ Massachusetts Department of Revenue Division of Local Services Current Developments in Municipal Law 2012 Massachusetts and Federal Court Cases Book 2 Amy A. Pitter, Commissioner Robert G. Nunes, Deputy Commissioner ____________________________________________ www.mass.gov/dls MASSACHUSETTS AND FEDERAL COURT CASES Book 2 Table of Contents Adams v. Boston, 461 Mass. 602 (March 7, 2012) – Police Career Incentive Pay – 1 Municipal Corporations - Collective Bargaining - Police – Statute - Appropriation – Construction Armour v. City of Indianapolis, Indiana, 132 S. Ct. 2073 (June 4, 2012) - Sewer 7 Assessment - Installment Plan –Financing – Refund Atwater v. Commissioner of Education, 460 Mass. 844 (November 21, 2011) - 15 School and School Committee - Termination of Employment - Professional Teacher Status – Arbitration - Education Reform Act - Constitutional Law - Separation of Powers- Collective Bargaining – Arbitration - Authority of Arbitrator –Delegation of School Committee Authority Barr, Incorporated v. Town of Holliston, 462 Mass. 112 (May 3, 2012) – 23 Construction Contract – Bidder -Independent Investigation - Competitive Bidding Black Rock Golf Club, LLC v. Board of Assessors of Hingham, 81 Mass. App. 26 Ct. 408 (March 9, 2012) – Taxation - Valuation – Golf Course – Income Approach – Initiation Fee – Imputed Interest – Remand Bliss v. Fisher, 842 F. Supp. 2d 400 (January 31, 2012 & April 5, 2012) – 31 Municipal Corporations – Municipal Finance – Appropriation - Bond Funds Authorization – Utility – Capital Improvements – Crime - Use of Bond Funds – Public Officer Board of Health of Sturbridge v. Board of Health of Southbridge, 461 Mass. 548 36 (February 22, 2012) – Modification – Landfill Site - Citizen’s Group – Intervention – Standing – Person Aggrieved – Right to Judicial Review Bridgewater State University Foundation v. Board of Assessors of Bridgewater, 45 463 Mass. 154 (August 8, 2012) - Exemption for Charitable Organizations - Occupancy by Governmental Entity - Statutory Construction Town of Dartmouth v. Greater New Bedford Regional Vocational Technical 49 High School, 461 Mass. 366 (January 24, 2012) – Regional Agreement - Education Reform Act - Municipal Funding Obligations – Constitutional Challenge Denver Street LLC v. Town of Saugus, 462 Mass. 651 (June 29, 2012) - User Fee 56 - Access to Sewer System –Tax - Emerson Tests i Town of Essex v. City of Gloucester, 81 Mass. App. Ct. 1139 (May 29, 2012) – 64 Sewer Fees – Tax – Voluntary – Particularized Benefit – Breach of Contract Falmouth Police Superior Officers Association v. Town of Falmouth, 80 Mass. 66 App. Ct. 833 (November 22, 2011) – Collective Bargaining – Arbitration – Jurisdiction – Civil Service - Proper Venue Haverhill Retirement System v. Contributory Retirement Appeal Board, 82 69 Mass. App. Ct. 129 (July 11, 2012) – Retirement – Pension – Contributory Retirement Appeal Board – School and School Committee - Retirement Benefits – Municipal Corporations - Retirement Board Linda Inniss, Trustee v. Board of Assessors of Swampscott, 81 Mass. App. Ct. 72 1121, Unpublished Decision (March 14, 2012) – Abatement – Appeal – Jurisdiction – Failure to Pay Fourth Quarter Bill – Notice – Failure to Receive Bill – Change of Address - Informal Procedure Marcus v. City of Newton, 462 Mass. 148 (May 7, 2012) – Governmental 73 Immunity – Municipal Corporations – Negligence Megiel-Rollo v. Contributory Retirement Appeal Board, 81 Mass. App. Ct. 317 78 (February 21, 2012) - Public Employment - School and School Committee – Discrimination Claim - Settlement Agreement - Involuntary or Voluntary Termination - Contributory Retirement Appeal Board - Teachers' Retirement Board Murphy v. Mass. Turnpike Authority, 462 Mass. 701 (July 12, 2012) - Toll 82 Revenues - User Fee – Tax - Nontolled Roads Northeast Energy Partners, LLC v. Mahar Regional School District, 462 Mass. 88 687 (July 9, 2012) – Uniform Procurement Act – Exemption –Contract – Energy Broker – Energy Related Services Public Employee Retirement Administration Commission v. Bettencourt, 81 95 Mass App Ct. 1113, Unpublished Decision (February 10, 2012) – Public Employment - Forfeiture of Pension – Statute - Construction Serrazina v. Springfield Public Schools, 80 Mass. App. Ct. 617 (October 12, 96 2011) - School and School Committee –Labor & Employment – Arbitration – Suspension - Termination - Compensation - Professional Teacher Status – Confirmation of Award – Damages - Back Pay City of Somerville v. Somerville Municipal Employees Association, 80 Mass. 101 App. Ct. 686 (October 25, 2011) – Arbitration - Confirmation of Award - Authority of Arbitrator -Arbitrable Question - Collective Bargaining - Civil Service - Applicability of Provisions - Collective Bargaining ii Thornton v. Civil Service Commission, 80 Mass. App. Ct. 441 (September 21, 106 2011) – Civil Service - Fire Fighters - Civil Service Commission - Judicial Review - Fire Fighter - Municipal Corporations - Fire Department - Public Employment – Suspension - Administrative Law – Hearing – Statute - Construction Turner v. City of Boston, 462 Mass. 511 (June 15, 2012) – Municipal 111 Corporations – Removal of Public Officer – City Council - Charter – Public Officer – Conflict of Interest Verizon New England Inc. v. Board of Assessors of Boston, 81 Mass. App. Ct. 118 444 (March 19, 2012) – Telephone Company – Personal Property Tax – Poles and Wires Over Public Ways – Corporation – Statutory Interpretation – Construction Work in Progress Verizon New England Inc. v. Board of Assessors of Newton, 81 Mass. App. Ct. 124 457 (March 19, 2012) – Telephone Company –Personal Property Tax – Implementation of Appellate Tax Board Decision Prior to Appeal Premature iii DANIEL ADAMS vs. CITY OF BOSTON (and two consolidated cases[FN1]). SUPREME JUDICIAL COURT OF MASSACHUSETTS 461 Mass. 602 963 N.E.2d 694; 2012 Mass. LEXIS 128; 192 L.R.R.M. 3313 November 8, 2011, Argued March 7, 2012, Decided PRIOR HISTORY: Suffolk. Civil action commenced § 108L reimbursements are considered subject to in the Supreme Judicial Court for the county of Suffolk appropriation by the General Court. Milton v. on October 4, 2010. The case was reported by Cordy, J. Commonwealth, 416 Mass. 471 (1993). Faced with a deficient reimbursement from the Commonwealth, the HEADNOTES city of Boston (city) in turn informed police union leaders that it would cut payments almost in half. [FN2] Police, Career incentive pay. Municipal The city took this action pursuant to clauses in collective Corporations, Collective bargaining, Police. Contract, bargaining agreements (CBAs) it had reached with the Collective bargaining contract. Statute, Appropriation unions regarding the city's participation in the program. of money, Construction. [FN3] The clauses state that, should the Commonwealth ever fail to reimburse the city its half share, the city will COUNSEL: Bryan C. Decker (Leah M. Barrault with only owe its own half share, plus any amount actually him) for Daniel Adams & others. received from the Commonwealth. The plaintiffs now contend that these clauses impermissibly conflict with Kay H. Hodge (John M. Simon with her) for city of the statute, which they view as requiring the city to pay Boston. one hundred per cent of benefits irrespective of reimbursement. The following submitted briefs for amici curiae: William J. Johnson, of Virginia, & Timmothy P. King 1 Francis Armstrong vs. City of Boston and for Massachusetts Coalition of Police, IUPA, AFL-CIO, Brian Albert vs. City of Boston. & another. 2 The payments by the city would be calculated as follows: the city would cut payments so that it Philip G. Boyle, Laurence J. Donoghue, Peter J. Mee, & would pay "its half," and add to this the amount Colin R. Boyle for City Solicitors and Town Counsel of reimbursement actually received from the Association. Commonwealth. This latter amount was 8.73% of full benefits under G. L. c. 41, § 108L. Thus, Philip Collins for Massachusetts Municipal Association. the city reduced payments to 58.73% of full benefits. JUDGES: Present: Ireland, C.J., Spina, Cordy, 3 The collective bargaining agreements (CBAs) Botsford, Gants, Duffly, & Lenk, JJ. were between the city and: the Boston Police Patrolmen's Association, for patrol officers; the OPINION BY: SPINA Boston Police Superior Officers Federation, for sergeants, lieutenants, and captains; and the OPINION Boston Police Detectives Benevolent Society, [*602] SPINA, J. In this consolidated appeal, we which negotiated two separate agreements for construe the payment obligations of municipalities detectives and superior detectives. participating in G. L. c. 41, § 108L, [*603] popularly The plaintiff police officers, who qualify for § 108L known as the "Quinn Bill," a local option statute benefits, brought three separate suits in the Superior establishing a career incentive pay program for police Court seeking (1) a declaration that the CBA provisions officers. The statute provides that in participating conflict with § 108L and are thus invalid, and (2) an municipalities, qualifying police officers "shall be order that the city "make full payment." The parties granted" certain salary increases for furthering their jointly petitioned to consolidate the cases [*604] and education in the field of police work. Id. The statute also transfer them to this court. G. L. c. 211, § 4A. A single provides that municipalities "shall be reimbursed" by justice in the county court granted the petition, and the Commonwealth for fifty per cent of payments