Twomey v. Town of Middleborough
468 Mass. 260
Mass.2014Background
- G. L. c. 32B, § 16 grants the board of selectmen authority to make available HMO services and to negotiate a contract for insurance with a premium apportionment requiring eligible persons to pay 10–50% of the total monthly premium.
- Town retirees enrolled in HMO Blue with the town paying 90% and retirees 10% prior to 2009.
- MRIG filed article 9 to freeze the retiree contribution at 90%; this was certified for a special town meeting.
- On May 11, 2009 the board voted to set retirees’ contribution at 20%; the special town meeting approved Article 9 on May 26, 2009 but the town did not implement the vote.
- From 2009 onward, retirees paid 20% of the HMO premium; plaintiffs sought declaratory and mandamus relief, and the trial court ruled in favor of the board.
- This Court holds that the board of selectmen has the statutory duty and authority to determine the retiree premium contribution under § 16.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 16 authorizes the board to set retiree premium contributions. | Twomey/Armanetti contend meeting sets rate. | Board has duty under § 16 to set the rate. | Yes; board has authority to set the retiree contribution rate. |
| Whether the town meeting could override the board’s § 16 decision. | Town meeting can override as legislative body. | Board acts under statutory duty and cannot be overridden. | Town meeting cannot override the board’s § 16 power. |
| What role does the town meeting play in funding under § 16? | Municipal funding determines the rate. | Board certifies costs and ensures funding; town meeting funds through appropriations. | Board determines rate; town meeting funds accordingly. |
| Do 2011 amendments § 22(e) illuminate the governing authority for retiree premium rates? | Amendments are not applicable to the 2009 actions. | Language confirms board’s role in setting rates. | Amendments support board’s role; not dispositive to 2009 actions. |
Key Cases Cited
- Yeretsky v. Attleboro, 424 Mass. 315 (Mass. 1997) (statutory framework for municipal health coverage and local option statutes)
- Anderson v. Selectmen of Wrentham, 406 Mass. 508 (Mass. 1990) (board of selectmen empowered to set insurance contribution rates; town meeting cannot override)
- Russell v. Canton, 361 Mass. 727 (Mass. 1972) (limitations on town meeting authority over executive functions)
- Cioch v. Treasurer of Ludlow, 449 Mass. 690 (Mass. 2007) (local option and scope of § 32B provisions)