Turner v. City of Boston
969 N.E.2d 695
Mass.2012Background
- Turner, an elected Boston city councillor, was convicted of attempted extortion and federal crimes on Oct. 29, 2010.
- On Dec. 1, 2010, the Boston City Council voted to remove Turner under Rule 40A before sentencing.
- Turner and district residents sued under 42 U.S.C. § 1983 in the District Court, challenging the removal and seeking relief.
- The District Court certified two questions to the Massachusetts Supreme Judicial Court about Rule 40A and authority to remove an incumbent.
- Turner was sentenced on Jan. 25, 2011, after which his council seat vacated by operation of law under G. L. c. 279, § 30.
- The SJC answered the first certified question: the Council had authority to promulgate Rule 40A but did not have authority to remove an incumbent councillor before sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to remove an incumbent councillor under Rule 40A | Turner—no statutory/charter basis to remove him before sentencing | Council claim: Rule 40A and § 23(e) authorize removal | No; removal before sentencing exceeds authorized authority |
Key Cases Cited
- City Council of Boston v. Mayor of Boston, 383 Mass. 716 (1981) (charter powers and rulemaking authority for municipal bodies)
- Del Duca v. Town Adm'r of Methuen, 368 Mass. 1 (1975) (removal power for municipal boards requires explicit general-law authorization)
- Selectmen of Avon v. Linder, 352 Mass. 581 (1967) (authorities that councils enforce conduct standards in § 23)