283 Mass. 596 | Mass. | 1933
These are petitions for writs of certiorari filed by a policeman and a fireman, both in the classified civil service of the city of Brockton, whose compensation has been reduced by an ordinance passed by the city council, which reduced by fifteen per cent all salaries throughout the police and fire departments of the city as fixed by previous ordinances. Petitions for review, pursuant to G. L. (Ter. Ed.) c. 31, §§ 42B, and 45, of the action reducing their compensation, filed in the District Court of Brockton, were dismissed by the respondent, a special justice of that court. The single justice of this court before whom the petitions for writs of certiorari came, ruled that the adoption of the ordinance was a legislative act of the city government of Brockton which was not subject to the provisions of the civil service laws. He ordered both petitions to be dismissed and reported the cases, consolidated for hearing, to the full court upon the pleadings and his rulings for consideration and determination.
The returns show that certain requirements of the civil service laws with regard to notices and hearings, if they are applicable, were not complied with, and were incompatible with action such as was taken in dealing with these wholesale reductions of compensation by ordinance. The trial judge in both cases found that the action of the mayor and city council in amending the existing ordinance was made in. good faith, was not for the purpose of discriminating against any single member of the police or fire departments, and was not a device to prevent the operation of the civil service law. G. L. (Ter. Ed.) c. 31. He ruled that the question presented was the validity of the ordinance, and that neither petitioner had a right to such review on an appeal to the District Court.
The charter of the city of Brockton, St. 1881, c. 192, § 12, provided that the mayor and aldermen “have full and exclusive power to appoint ... a city marshal and assistants . . . and all other police officers, any of whom the mayor may remove .... The compensation of the police and other subordinate officers shall be fixed by concurrent vote of the city council.” Section 20 provided that: “The
Subsequently, by laws relating to the civil and labor service of the Commonwealth, its cities and towns, designed to secure a service of persons freed from partisan political control, reasonably secure against arbitrary discharge, transfer, abolition of office and reduction of rank or compensation, the Legislature established checks upon action in appointment, discharge, transfer, abolition of office, reduction in rank and compensation, and gave rights in office and compensation with remedies to enforce them, now embodied in G. L. (Ter. Ed.) c. 31, the civil service law. These laws, among other things, provide for notices of proposed action, for rights to hearings, for statements of charges or of reasons for contemplated action, for appeals, and for reviews by courts which are made conditions of valid changes in position or compensation of individuals in the civil or labor service. In many respects they modify the broad authority implied in earlier grants of power conferred by charter provisions. Logan v. Mayor & Aldermen of Lawrence, 201 Mass. 506. Cassidy v. Transit Department of Boston, 251 Mass. 71. Beckham v. Mayor of Fall River, 253 Mass. 590. Bois v. Mayor of Fall River, 257 Mass. 471. Nowhere among them, however, will be found limitation by the action of executive, administrative or judicial officers upon legislative powers vested in city councils. The division of powers prescribed by art. 30 of our Declaration of Rights has been observed. Compare Faulkner v. Sisson, 183 Mass. 524.
The petitioners rely upon certain provisions of the civil service laws. G. L. (Ter. Ed.) c. 31, § 42A, secures to
In the case of a fireman holding office in the classified public service, G. L. (Ter. Ed.) c. 31, § 43, secures to him that he shall not be lowered in compensation “except for just cause, and for reasons specifically given him in writing within twenty-four hours after such . . . lowering in . . . compensation.” “If within three days thereafter . . . [he] shall so request in writing, he shall be given a public hear
These provisions of law are manifestly applicable to executive or administrative action taken by appointing officials in the case of individual civil servants. They can readily be observed in such cases. They are equally manifestly inapplicable to action of a city council dealing by ordinance with the financial relations of a department with the budget of the city, and, under express authority from the Legislature, fixing compensation throughout that department. The provisions for review by a judge of the District Court must be confined to cases where judicial power is to be exerted. We cannot assume that the Legislature intended to require the judge to exercise a legislative power, and to submit to him the propriety of passing an ordinance. Compare Boston v. Chelsea, 212 Mass. 127.
We see here no legislative intent which should lead us to a conclusion that the later legislation has by implication repealed the earlier grant to the city council of power to deal by ordinance with compensation in the police and fire departments. Both can stand. Brooks v. Fitchburg & Leominster Street Railway, 200 Mass. 8.
In Reynolds v. McDermott, 264 Mass. 158, where a city
Orders dismissing petitions affirmed.