Director of the Civil Defense Agency & Office of Emergency Preparedness v. Leger
Director of the Civil Defense Agency & Office of Emergency Preparedness v. Leger
Opinion of the Court
The Civil Service Commission (Commission) on July 9, 1975, and again on March 31, 1977, found that
The director appeals from those judgments and argues that the deputy director had authority to conduct the first hearing and that Leger’s seniority rights were extinguished by the 1975 general appropriation act, St. 1975, c. 684. We find nothing in that statute which extinguishes Leger’s seniority rights and hold that the director has not shown a basis for either of Leger’s discharges. We, therefore, find it unnecessary to discuss the question of the deputy director’s authority to conduct a termination hearing. The judgments are affirmed in so far as they awarded damages to Leger and declare that the purported terminations were invalid for failure of the Agency to comply with the applicable seniority provisions of the civil service laws.
We summarize briefly the relevant facts, drawing on undisputed testimony and exhibits before the Commission as
On November 8, 1975, St. 1975, c. 684, the general appropriation act, was approved. Section 2 of that act
In June, 1976, the director reinstated Leger for one day. After a hearing, he again terminated Leger, citing as his reasons both a lack of funds and the fact that the position had been “expressly abolished by the Legislature by virtue of Chapter 684 of the Acts of 1975.”
The issue before us is not whether the Legislature could abolish Leger’s position, a position held to be protected by civil service in Director of the Civil Defense Agency v. Civil Service Commn., 373 Mass. 401, 404 (1977). It is settled law that civil service and other tenure statutes “must yield” to “general legislative action.” Simonian v. Boston Redevelopment Authy., 342 Mass. 573, 581 (1961). Reynolds v. McDermott, 264 Mass. 158, 165 (1928). McNeil v. Mayor of Peabody, 297 Mass. 499, 503-504 (1937). Bessette v. Commissioner of Pub. Works, 348 Mass. 605, 610 (1965). Letteney v. Commissioner of Commerce & Dev., 358 Mass. 10, 12-13 (1970). We also have no doubt that an “adequate expression of the intention” of the legislative body may be found in budgetary acts. Openshaw v. Fall River, 287 Mass. 426, 431 (1934). Sullivan v. Worcester, 346 Mass. 570, 574 (1963). McDonough v. Commissioner of Pub. Works, post 909 (1980). But see Fortin v. Chicopee, 301 Mass. 447, 449 (1938) (“budgetary action . . . might possibly be deemed legislative action”). The issue facing us is whether the schedule sent to the personnel administrator by the chairmen of the Senate and House committees on ways and means is a legislative determination that Leger’s seniority rights “must yield”.
A similar problem arose in Murphy v. Administrator of the Div. of Personnel Admn., 377 Mass. 217 (1979), where the plaintiffs argued that class reallocations shown on schedules of the Joint Committee on Ways and Means were “fixed by law.” The Supreme Judicial Court, approving the analysis of this court in Gavin v. Commonwealth, 2 Mass.
The arguments of the Agency based on legislative intent in the appropriation act involved here have less force than those rejected in Murphy and in Gavin. Item 0432-0001 of § 2 of the 1975 act, quoted in note 6, supra, does authorize a major reduction in personnel.
Finally, we note that the Legislature is extremely sensitive to the civil service laws where jobs are eliminated. Thus in numerous cases involving abolition of positions, the statutes construed indicate that the General Court referred to the civil service laws with “clarity and specificity.” See Murphy, 377 Mass, at 225. E.g., St. 1956, c. 465, § 22, considered in McGrath v. Massachusetts Port Authy., 350 Mass. 762, 763 (1966); St. 1963, c. 821, § 6, considered in Bessette v. Commissioner of Pub. Works, 348 Mass. 605, 607 (1965); St. 1964, c. 636, § 16, in Letteney v. Commissioner of Commerce & Dev., 358 Mass. 10, 11 (1970); St. 1968, c. 761, § 14, in Power v. Secretary of the Dept. of Community Affairs, 7 Mass. App. Ct. 409, 414 (1979); and
We conclude, relying on Murphy and Gavin, on the requirements of Federal funding and on the Legislature’s sensitivity to civil service, that there is no force in the director’s contention that Leger’s seniority rights were legislatively extinguished. We consider this conclusion consistent with the discussion in Director of Civil Defense Agency, 373 Mass, at 411-412, where the director put forward similar arguments.
Accordingly, the portions of the judgments which award damages to Leger and which declare that the purported terminations of his employment violated the seniority provisions of the civil service laws are to stand. Those portions of the judgments which declare the rights of the parties on issues not dealt with in this opinion are to be struck. As so modified, the judgments are affirmed.
So ordered.
The 1978 revision of G. L. c. 31, effected by St. 1978, c. 393, § 11, substantially changed the section numbering of that chapter.
Pursuant to Executive Orders No. 26 (1955) and No. 34 (1958) of the Governor, the Commonwealth had been geographically divided for purposes of the Agency into areas and sectors.
As determined by the Commission in the second decision based on a seniority list prepared by the Agency.
Section 2 of St. 1975, c. 684, item 0432-0001, provides: “For the service of the civil defense agency; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities and shall be expended with at least an equivalent amount of federal funds for the purposes of this item, including not more than fifty-two permanent positions $305,361.”
The prior year’s budgetary provision, St. 1974, c. 431, § 2, item 0432-0001, was in the same form but provided $544,820 for not more than one hundred one permanent positions.
The schedule was entitled “Permanent Position Quota Adjustments Chapter 684, Acts of 1975 Effective November 8, 1975.”
A portion of § 7 of St. 1975, c. 684, is quoted below. The italicized words do not appear in the 1973 act, and the words in parentheses do not appear in the 1975 act. Otherwise, the two sections are the same. “Amounts included for permanent positions in sums appropriated in section two for personal services are based upon schedules of permanent positions and salary rates as approved by the house and senate committees [joint committee] on ways and means, and, except as otherwise shown by the files of said committees [committee], a copy of which shall be deposited with the bureau of personnel, no part of sums so appropriated in section two shall be available for payment of salaries of any additional permanent position, or for payments on account of reallocations or permanent positions, or for payments on account of any change of salary range or compensation of any permanent position, notwithstanding any special or general law [act] to the contrary . . . .”
The language referring to approval of the House and Senate committees was changed in the next year. St. 1976, c. 283, § 7. See Opinion of the Justices, 369 Mass. 990 (1976).
The maximum reduction would be forty-nine people, since the 1974 authorization was for one hundred one positions and the 1975 authoriza
Case-law data current through December 31, 2025. Source: CourtListener bulk data.