350 Mass. 312 | Mass. | 1966
Because of an alleged deficiency in the amount appropriated by the town of Sudbury for the sup
Facts found by the judge and by us (Lowell Bar Assn. v. Loeb, 315 Mass. 176, 178) are these: The school committee (committee) submitted to the finance committee and to the 1964 town meeting an estimated budget of $1,189,700 for the support of the town’s schools during that year, and requested that this sum be included in the town budget. Upon the recommendation of the finance committee, the town meeting voted school appropriations of $1,173,000, or $16,700 less than the school committee’s request. It is this deficiency which the petitioners seek to have restored.
At the time of the town meeting, the town had a balance of $43,142.42 in an account reflecting Federal funds received pursuant to P. L. 874,
In the estimated school budget submitted to the town meeting, the committee deducted from total operating costs the sum of $48,000, designating it “Federal Aid applied to budget.” The committee obviously intended that the $43,000 balance in the Federal aid account under P. L. 874, plus $5,000 of the anticipated receipts from that source during the year, so applied, would alleviate the burden placed upon the town by school costs. What the committee contemplated in regard to the remaining P. L. 874 funds to
The town’s position rests upon the alleged fact that the committee’s expectations as to how much Federal money would be received during 1964 left an amount (approximately $20,000) sufficient to cover the $16,700 by which the town meeting reduced the budget. While the committee seeks to contradict this fact with the evidence that over $12,000 of the P. L. 874 funds were “committed,” the town points to another account which reflects a balance of $4,310.63 in Federal funds received pursuant to P. L. 864,
The committee takes the view that Federal funds received or anticipated pursuant to P. L. 874 need not be taken into consideration in preparing its annual budget, except to the extent that it sees fit. We reject this view, as well as the related position of the committee that the funds may be expended for items which were not included in the budget originally submitted to the town meeting for appropriation.
It follows from this that the committee should list its total monetary requirements by items in its annual budget, apply the total of its available or anticipated State, Federal, and other funds, and request the town to appropriate the balance. This procedure is expressly required by G. L. c. 70, § 10, as to State funds; and, while there exists no such explicit statutory directive touching Federal funds, the policy behind such a requirement is equally applicable to Federal funds. By compelling the committee to set before the town meeting and the community at large one annual statement of its proposed expenditures and expected
The final decree is reversed and a new decree is to be entered dismissing the petition.
So ordered.
Pub. Law (81st Cong.) 874, 64 Stat. 1100. The statute is entitled, “An Act to provide financial assistance for local educational agencies in areas affected by Federal activities, and for other purposes.” This statute is also found in 20 U. S. C. §§ 236-244 (1964).
Title III, National Defense Educational Act of 1958, entitled, “Financial Assistance For Strengthening Science, Mathematics, And Modern Foreign Language Instruction.” Pub. Law (85th Cong.) 864, 72 Stat. 1588.
Although there is no specific provision with respect to P. L. 864 funds, it is to be noted that there is a somewhat similar provision (§ 26C) with respect to the acceptance of other Federal funds for the purposes listed in §§ 26A through 26F of c. 71.