Haffner v. Director of Public Safety of Lawrence

• Decision Date: 30 January 1953
• Citation: 110 N.E.2d 369,329 Mass. 709
• Parties: HAFFNER et al. v. DIRECTOR OF PUBLIC SAFETY OF LAWRENCE et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 369

110 N.E.2d 369

329 Mass. 709

HAFFNER et al. v. DIRECTOR OF PUBLIC SAFETY OF LAWRENCE et al.

Supreme Judicial Court of Massachusetts, Essex.

Argued Nov. 3, 1952.

Decided Jan. 30, 1953.

Raymond M. Sullivan and Saul A. Silverman, Lawrence, for petitioners.

James P. Kane, City Sol., Lawrence, for respondent City of Lawrence and others.

J. J. Spiegel, Boston, Maurice Ravich and Henry P. Claus, Lawrence, for respondent William J. Casey and another.

Before QUA, C. J., and LUMMUS, SPALDING, WILLIAMS and COUNIHAN, JJ.

WILLIAMS, Justice.

This is a suit in equity on the petition of more than ten taxable inhabitants of the city of Lawrence, G.L. (Ter.Ed.) c. 40, § 53 against the city of Lawrence, William J. Casey, director of public safety of the city, John S. Cahill, the city auditor, and Alfred Courtemanche, the city treasurer. M. H. Rhodes, Inc., has been allowed to intervene as a respondent. The purpose of the suit is to enjoin the respondent Casey from purchasing or entering into an agreement for the purchase of parking meters for the city until the meters have first been designated for purchase by the purchasing agent of the city after competitive bidding and advertising of the intent to award a contract of purchase in accordance with the provisions of the city charter; to restrain the respondent Cahill from approving payment for such meters; and to restrain the respondent Courtemanche from making payment therefor. A judge of the Superior Court made findings of fact and entered an order for a final decree dismissing the petition. He then reported the case to this court on the correctness of his order and stayed further proceedings. The petitioners claimed an appeal from the orders of the judge 'dismissing' the petition and 'reporting' the case. The respondents city of Lawrence, Cahill and Courtemanche appealed from 'the final decree.'

It appears from admissions in the pleadings, the evidence which is reported, and the findings of fact that on March 28, 1951, Casey, as director of public safety, made requisition on the city's purchasing agent to call for bids for the purchase of one thousand additional parking meters. After submission of the proposed purchase to competitive bidding the purchasing agent by letter to the city council signified his intention to purchase one thousand automatic parking meters called Park-O-Meter, at a cost of $59.65 per meter, which was the lowest price submitted for an automatic meter, stating in detail his reasons for the purchase of the particular kind of meter. Thereafter on May 14, 1951, the city council by a majority vote authorized 'Alderman William J. Casey, an officer of the city of Lawrence to enter into an agreement for the acquisition, installation and maintenance of parking meters in accordance with' G.L. (Ter.Ed.) c. 40, § 22A, as amended. In pursuance of this vote Alderman Casey on May 15, 1951, executed a contract in behalf of the city with M. H. Rhodes, Inc., for the purchase of one thousand Mark-Time manually operated meters, payment for the same to be made over a period of five years from moneys received from the operation of the meters. No appropriation had been made by the council for the purchase.

The charter of the city of Lawrence was granted by special act of the Legislature St.1911, c. 621, Part II, later amended by St.1914, c. 363. See G.L. (Ter.Ed.) c. 43, §§ 64-78. Fluet v. Eberhardt, 294 Mass. 408, 2 N.E.2d 463. It provides that the government of the city and the general management and control of its affairs shall be vested in a city council of five members consisting of the mayor and four aldermen. Each alderman shall be the director of a department of the city and 'shall have full power to carry out the policy or have the work performed in his department as directed by the city council.' Section 26. Section 29 of the charter reads: 'Neither the city council nor the school committee shall make or pass any order, resolution or vote appropriating money in excess of five hundred dollars, or making or authorizing the making of any contract involving a liability on the part of the city in excess of five hundred dollars, unless the same is proposed in writing and notice is given by the city clerk in at least one daily newspaper of the city, not less than one week before its passage, except an order, resolution or vote for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency and is passed by a four fifths vote, and such notice shall be given as aforesaid upon the request of the city council or of the school committee.' Section 32 reads: 'Upon vote of the city council the mayor shall sign, seal, execute and deliver in behalf of the city deeds and leases of lands sold or leased by the city, and other deeds, agreements, contracts, leases, indentures, assurances and instruments in behalf of the city, except as is otherwise provided herein.' Section 51 reads in part: 'The purchasing department shall consist of a purchasing agent and such assistants as the city council may from time to time deem necessary. The purchasing agent shall purchase all supplies for the city, except in case of an emergency; but all purchases or contracts for purchase exceeding twenty-five dollars in amount shall be based upon competition, and no purchases or contracts for purchase shall be made involving the expenditure of more than twenty-five dollars for any one class of supplies in any month, except by competition.'

By G.L. (Ter.Ed.) c. 40, § 22A, inserted by St.1947, c. 442, § 1, as amended by St.1949, c. 644, § 2, it is provided that any city or town 'may appropriate money for the acquisition, installation, maintenance and operation of parking meters, or by vote of the city council or of the town may authorize a board or officer to enter into agreement for such acquisition, installation or maintenance of parking meters; provided, that the city of Boston, for the purpose of enforcing the rules and regulations adopted by the Boston Traffic Commission under chapter two hundred and sixty-three of the acts of nineteen hundred and twenty-nine, may appropriate money for the acquisition, installation, maintenance and operation of parking meters, or, by vote of the city council of said city, subject to the provisions of its charter, may authorize the Boston Traffic Commission to enter into agreements for the acquisition, installation or maintenance of parking meters. An agreement for the acquisition or installation of parking meters may provide that payments thereunder shall be made over a period not exceeding five years without appropriation, from fees received for the use of such parking meters notwithstanding the provisions of section fifty-three of chapter forty-four.'

The city council in giving the authority to the alderman to enter into a contract for the purchase of the meters and the alderman...