Simonian v. Boston Redevelopment Authority

• Decision Date: 05 May 1961
• Citation: 342 Mass. 573,174 N.E.2d 429
• Parties: Kane SIMONIAN v. BOSTON REDEVELOPMENT AUTHORITY et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 429

174 N.E.2d 429

342 Mass. 573

Kane SIMONIAN v. BOSTON REDEVELOPMENT AUTHORITY et al.

Supreme Judicial Court of Massachusetts, Suffolk.

Argued April 5, 1961.

Decided May 5, 1961.

James W. Kelleher, Boston, for Simonian.

Edward J. Duggan and David W. Kelley, Boston (John H. Doermann and George E. Donovan, Boston, with them), for Boston Redevelopment Authority.

Lewis H. Weinstein, Boston (Herbert L. Berman, Boston, with him), for Boston Redevelopment Authority and Logue.

James J. Cody, Jr., Boston, for McCloskey.

Before WILKINS, C. J., and SPALDING, WILLIAMS, WHITTEMORE and CUTTER, JJ.

WHITTEMORE, Justice.

The petitioner seeks a writ of mandamus to require the Boston Redevelopment Authority to restore him to his position of executive director as it existed under votes adopted in October, 1957, and to exclude Edward J. Logue from acting in that office under votes adopted on January 25, 1961. See Kenney v. McDonough, 315 Mass. 689, 692-693, 53 N.E.2d 1006; Farrell v. Mayor of City of Revere, 306 Mass. 221, 223, 27 N.E.2d 724.

The authority was organized under G.L. c. 121, § 26QQ, as amended through St.1957, c. 150, § 1. The general purpose set out in that section is to engage 'in urban renewal and land assembly and redevelopment projects.' Such projects, it appears from definitions in § 26J, are, in general, for the acquisition of land within a decadent, substandard, or blighted open area and clearing the land, improving the site, and making the site available for redevelopment. General Laws c. 121A, in authorizing 'Urban Redevelopment Corporations,' each for the purpose of undertaking a single project for renewal of a blighted open, decadent, or substandard area, affords a means for the construction of buildings on redevelopment sites. By c. 121, § 26QQ, read with § 26N, the authority is authorized to 'employ * * * an executive director who shall be ex-officio secretary of the * * * authority * * * and such other officers, agents and employees as it deems necessary or proper, * * * determine their qualifications, duties and compensation, and * * * delegate to one or more of its members, agents or employees such powers and duties as it deems necessary or proper for the carrying out of any action determined upon by it.'

The authority on October 27, 1957, shortly after its organization, adopted by-laws which prescribed among other officers an executive director, to be ex-officio secretary of the authority, with usual secretarial duties, and also to 'have general supervision over the administration of the business and affairs of the Authority and * * * be charged with the direction of all projects and developments of the Authority, subject to the direction of the Authority. He shall, at the direction of, and with the approval of the Authority, employ necessary personnel and shall keep adequate records pertaining to all persons so employed. The Executive Director may sign all requisitions, forms, applications, and other transmittals to the Housing and Home Finance Agency and other public agencies in connection with the planning and execution of renewal projects.'

The petitioner was employed as executive director, at a salary of $12,000, on December 11, 1957.

Statute 1958, c. 299, amended § 26QQ to provide, inter alia, 'No person permanently employed by a redevelopment authority, who is not classified under chapter thirty-one, shall, after having actually performed the duties of his office or position for a period of six months, be discharged, removed, suspended, laid off, transferred from the latest office or employment held by him without his consent, lowered in rank or compensation, nor shall his office or position be abolished, except for just cause and in the manner provided by sections forty-three and forty-five of chapter thirty-one.'

Statute 1960, c. 652, effective September 7, 1960, amended c. 121A (Urban Redevelopment Corporations) 'with special provisions for projects in the city of Boston' and thereby gave substantial new powers and responsibilities to the Boston Redevelopment Authority. By § 12 it (1) transferred to the authority the powers and duties of the State housing board under c. 121A in respect of projects in the city of Boston ¹ and (2) established the authority as a planning board under G.L. c. 41, § 70, imposed upon it all the powers and duties of the city planning board of Boston, ² which was abolished, and transferred to it all property, appropriations, and employees of the board, the employees being transferred 'without reduction in their rank or compensation or impairment of their civil service rights, or their retirement rights, or their vacation, holiday or sick leave rights.'

Immediately prior to September 7, 1960, thirty-four persons were employed by the city planning board, including the planning administrator, the planning director, the secretary of the planning board, who with most of the others had acquired civil service rights under G.L. c. 31. The yearly salary of the planning administrator on September 7 was $13,200. On January 25, 1961, by vote of the authority, his salary was increased, retroactive to October 26, 1960, to $18,000 per annum.

Immediately prior to September 7, 1960, the city planning board was engaged, among other things, in planning activities for development, redevelopment, and improvement of areas throughout the city of Boston and in the preparation of studies, surveys, and other planning materials, in connection with a proposed Government Center Project and a proposed Washington Park Project, as well as a proposed Boston Development Program, involving an estimated aggregate cost of approximately $90,000,000 and including ten general neighborhood renewal plans for areas within the city.

Prior to September 7, 1960, there were forty-five employees of the authority. The authority has established no numerical or alphabetical grades, ranks, or classifications of employees. The yearly salary of the executive director had been increased to $15,000 by October 26, 1960, and on that date it was fixed at $18,000.

On October 20, 1960, at a regular meeting, with all five members and Logue present, the authority adopted a reorganization chart which, except for 'General Counsel,' showed the operations of the authority divided between a development administrator and an executive director, each directly under the authority. It assigned important redevelopment duties to the office of development administrator and in other respects was much like the chart which became the basis of the January 21, 1961, votes. On October 26, 1960, at a meeting attended by all members and the petitioner and Logue, the October 20 minutes were unanimously approved and Logue was appointed development administrator 'for a ninety-day period in accordance with the Table of Organization Chart adopted on 10/20/60 at an annual salary of $25,000 * * * effective October 26, 1960.'

On January 25, 1961, at a regular meeting of the authority, with the same seven persons present, the authority adopted several votes. One of them referred to an organization chart which, as noted, was in many respects similar to the chart of October 20, 1960, but which showed the development administrator as the single top executive (with a deputy) directly under the authority, and placed the executive director in charge of an 'Operations Dept.' That department was under the development administrator, as were five other departments with these designations: 'Planning Dept. Planning Administrator'; 'Development Dept. Asst. Administrator for Development'; 'Administrative Office'; 'Legal Office'; and 'Land Disposition Office.' There were subordinate blocks and sub-blocks to show the ramifications of the planning department and of the development department particularly in respect of three 'down town' and seven 'community' projects. Subjoined to the 'Operations Dept.' block in the January, 1961, chart, but not in the October, 1960, chart, were two blocks entitled 'West End' and 'Whitney Street.' Printed underneath the 'Operations Dept.' block were these designations: 'Legal Comptroller Acquisition Family Business-Relocation Property Management Demolition Project Engineering.' These designations except 'Legal' were also listed under 'Executive Director' in the October, 1960, chart.

The authority on January 25, 1961, voted (1) to establish a class of temporary development program employees; (2) 'That the Development Administrator shall be employed on a non-permanent basis to serve as the chief administrative officer, under the direction and supervision of the Authority, and that the following powers and duties be delegated to * * * [him].' These are appropriate powers and duties for the chief executive of the organization. ³ The authority also voted (3) 'That the Executive Director shall be the chief of the Operations Division and shall in that capacity be under the supervision and direction of the Development Administrator. As secretary of the Authority, the Executive Director shall keep the minutes of all meetings of the Authority and have custody of the seal of the Authority, and in that capacity shall report directly to the Authority'; (7) to appoint Logue as development administrator; (8) 'That Kane Simonian shall be chief of the Operations Department with the title of Executive Director under the supervision and direction of the Development Administrator. The Executive Director shall be responsible for land acquisition activities, relocation of families and businesses, project engineering, site operations, property management, demolition, payroll and project accounting. He shall be responsible directly to the Authority for the completion of the West End * * * and Whitney Street projects, it being understood that for the purposes of Federal reporting in the West End Project, he shall be under the supervision and direction of the Development Administrator.' The propositions in subdivisions (2), (...