Leder v. Superintendent of Schools of Concord & Concord-Carlyle Regional School District, et al. (Lawyers Weekly No. 10-095-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11224 PAUL LEDER[1] vs. SUPERINTENDENT OF SCHOOLS OF CONCORD & CONCORD-CARLYLE REGIONAL SCHOOL DISTRICT & others.[2] Middlesex. February 7, 2013. ‑ May 31, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. School and School District. School and School Committee, Superintendent of schools, Regional school district. Municipal Corporations, Contracts. Contract, Bidding for contract, Regional school district. Injunction. Practice, Civil, Preliminary injunction. State Ethics Commission. Conflict of Interest. Civil action commenced in the Superior Court Department on August 15, 2011. A motion for preliminary injunctive relief was heard by Garry V. Inge, J. A petition for interlocutory review was heard in the Appeals Court by Elspeth B. Cypher, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Kwabena B. Abboa-Offei for the plaintiff. Adam Simms for the defendants. Andrew P. Botti & David K. Moynihan, for David K. Moynihan & another, amici curiae, submitted a brief. Martha Coakley, Attorney General, & Deirdre Roney, Special Assistant Attorney General, for State Ethics Commission, amicus curiae, submitted a brief. GANTS, J. The issue on appeal is whether, under G. L. c. 268A, § 21 (a), as appearing in by St. 2009, c. 28, § 80, a party may obtain declaratory or injunctive relief rescinding an action taken by a municipal agency based on an alleged violation of G. L. c. 268A, § 23, where the State Ethics Commission (commission) has made no finding of a violation and where the municipal agency has not requested this relief. We conclude that a finding of a violation of § 23 by the commission after an adjudicatory proceeding and a request for rescission by the municipal agency are both prerequisites to the filing of a complaint seeking rescission under G. L. c. 268A, § 21 (a). Because neither prerequisite has been met in this case, we affirm the denial of the plaintiff’s motion for a preliminary injunction and remand the case to the Superior Court with instructions to dismiss the complaint.[3] Background. The facts are not materially in dispute. The plaintiff, Paul Leder, doing business as Spencer Brook Strings (SBS), operates a musical instrument sale and rental business that rents string instruments to students in various school districts throughout Massachusetts, including the Concord public schools and the Concord-Carlisle Regional School District (collectively, school district). Since […]
Mayor Menino: Don’t Let Candidates ‘Tear This School System Down’
Mayor Tom Menino cautioned Boston residents not to focus on negative portrayals of the Boston Public School system as the city’s mayoral race heats up. Speaking at a ribbon-cutting ceremony for a new playground at Harvard-Kent Elementary School in Charlestown on May 10, Menino touted the progress public schools have made in recent years and asked residents not to allow anyone to “tear this school system down” in the coming months. “We’ve made a lot of progress in the Boston Public Schools in the last several years. It’s because of a lot of reasons—teachers, principals, the superintendent, the community—and I tell you, the graduation rate is up, dropout rates are down, more kids are going on to college,” Menino said. He spoke of how the schools work to educate every child, from every background and learning level. “Don’t let anybody over the next several months, as this campaign heats up, tear this school system down. This is a great school system. We’re not perfect, but with the new assignment plan we can make that happen,” Menino said. “To all of you out there: Stay positive about what’s happening in the schools. The most important thing we can do in our society today is to educate our children, and I think over the last few years we’ve done an incredible job. We have some ways to go. Don’t have this become an issue of tearing down the schools, because these kids out here are the future of our city.” Menino also spoke highly of Boston Public Schools Superintendent Carol Johnson, a Charlestown resident, who recently announced she will be retiring at the end of the school year. “She has done a remarkable job for the young people of our city over the last several years—driving up test scores and graduation rates, improving access to the arts and making projects like [the Harvard-Kent schoolyard] an important part of learning,” Menino said. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
PHOTOS: Fundraiser for the Hurley School
The Neighborhood Parents for the Hurley School organized a Latin-inspired fundraiser this weekend to raise money for the South End’s Hurley K–8 School. The Hurley School, located at 70 Worcester St. is a dual-language immersion school. Through special fundraising, the parents group has funded anti-bullying education, mentoring, music, theater dance and woodworking programs and an athletic field, among other programs. Friday night’s fundraiser, called Club Tropicaliente! was held at the Benjamin Franklin Institute at 41 Berkeley St. Guests enjoyed live music, an open bar, and Latin-inspired food from South End favorites like Toro, Orinoco, El Centro, Flour Bakery + Cafe, b.good, Tremont 647,Above & Beyond Catering, Zocalo Cocina Mexicana, Vejigantes, Morse Fish, Dish in the City, El Oriental de Cuba, and the South End Buttery. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Fundraiser, Hurley, Photos, school
Things to Know in the South End Today, May 10: Hurley School Fundraiser
1. Weather: The National Weather Service is predicting a sunny day with a high near 81 degrees. 2. Hurley School Fundraiser: Looking for a way to donate to a local elementary school while having a great time? This Friday is the Club ¡TropiCaliente!, an event organized by the Neighborhood Parents for the Hurley School. The Benjamin Franklin Institute will be transformed into a glamorous 1950s Latin nightclub with food from Toro, Morse Fish, Flour, Tremont 647 and Vejigantes, and more. Stop by from 7-11 p.m. to shake your maracas and listen to live music and participate in a silent auction. Tickets are $ 125 and all proceeds will go to the charity. See here for more information. 3. Rosé Tasting and Art: The Laura Preshong (558 Tremont St.) is holding Pink Rocks and Rosé today 5 p.m. to 8 p.m. Come in and try on a fabulous collection of pink gemstones and pink gold jewelry, while sampling the season’s freshest rosé wine from Brix while supporting Dress For Success Boston. Guests who donate gently worn women’s business attire will enjoy 20% of their purchases. See here for more information. 4. Art for Non-Profits: On Saturday, May 11 at noon, 150 pieces of art from some of the region’s leading contemporary artists will be sold for $ 150 each to benefit the non-profit Laconia Gallery. Called 150×150:The Mad Dash! the idea is to come together to raise money for the gallery. See here for more information. 5. Rosé Tasting: Spend your Saturday at The Urban Grape (303 Columbus Ave.) for a grand rosé tasting, from 2-5 p.m. Over a dozen rosés from around the world will be open at each store to sample, for free. A 15% discount on mixed or full cases of rosé will be available for those making a purchase. Kitchensurfing will be on hand sampling food. See here for more information. Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement. Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter. Share your thoughts on your community in a blog. Click here to get started. South End Patch
Boston School Superintendent to Step Down
Carol Johnson, superintendent of the Boston Public Schools system, will step down after this year. Johnson wrote a letter to the school community and published a video on YouTube Wednesday on how she came to the decision following the recent death of her husband. “This has been a difficult decision but, as you are aware, the loss of my husband and best friend Matthew has been life-altering for me and my entire family,” she said in the video. “After a long and rewarding career that I am truly proud of, I believe it’s time for me to take time to focus more on family, which, of course, always comes first.” In 2012, Johnson was awarded the nation’s highest honor for urban educational leadership, the Richard R. Green Award, presented by the Council of the Great City Schools, according to a Boston Public Schools press release. South End Patch
Marathon Spotlight: South End’s Pflug Running for Perkins School
http://southend.patch.com/articles/running-the-boston-marathon-share-your-story-19528c99#photo-13889503 South End Patch
Old School! 5 Antique and Classic Cars for Sale
Let’s face it: Classic cars are cool. Nothing turns heads quite like a pristine American classic, or an antique that makes you think, “How is that thing still running and looking brand new?” According to the Registry of Motor Vehicles, if you want to apply for an antique license plate, an “antique motor car” is any motor vehicle over 25byears old maintained solely for use in exhibitions, club activities, parades, and other functions of public interest. The Classic Car Club of America says that “antique” is a general description of any car that is 25 years old or more, and that all “Full Classics” are antiques, but not all antiques are “Full Classics” as defined by the club (which are only specific important marques built largely between 1925 and 1948). However you want to define it, here are five classic cars currently for sale in the area: 1. 1970 Chevrolet Chevelle SS, $ 77,995 This 1970 Chevrolet Chevelle SS has a 4-speed transmission and an 8-engine. The exterior color is black with red racing stripes on the hood and the interior color is black. The car has 18,500 miles. It’s being sold by Bossi’s Automotive in Winchester, according to cars.com. 2. 1969 Jaguar, $ 79,995 This 1969 Jaguar has a 4-speed transmission and a 6-engine. The exterior color is green and the interior color is black. The car has 68,100 miles. It’s being sold by Bossi’s Automotive in Winchester, according to cars.com. 3. 1964 Ford Mustang 289 4-Barrel, $ 26,750 This 1964 Ford Mustang 289 4-Barrel has a manual transmission with a V8 engine. The exterior color is Wimbledon White and the interior color is red. The car has 30,951 miles. It’s being sold by Cambridge Honda, according to cars.com. 4. 1955 Oldsmobile, $ 24,995 This 1955 Oldsmobile has an automatic transmission with an 8-engine. The exterior color is blue and the interior color is blue. The car has 5,144 miles. It’s being sold by The Highline Group in Lowell, according to cars.com. 5. 1929 Ford Model A, $ 18,000 This 1929 Ford Model A has a three-speed transmission and a 4-cylinder engine. The exterior color is black with wood paneling, and the interior color is black. The car has 671 miles. It’s being sold by Cohasset Imports, according to cars.com. South End Patch
South End Answers: When’s the Last Day of School for Boston Public Schools?
Welcome to “You Ask, Patch Answers,” a new feature where we find the answers to your questions. This week, we tackled the question, “When’s the last day of school for Boston Public Schools students??” According to the most recent snow days through March 21st, the last day of school for Boston Public Schools students will be held on June 28th. Any further snow days will continue to push school back a day. Got a question about the neighborhood you want answered? Submit it in the comments below. Each week South End Patch will pick a question to research and answer the following week. Add your question today! SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
O’Neill v. School Committee of North Brookfield, et al. (Lawyers Weekly No. 10-019-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11108 ROBERT O’NEILL vs. SCHOOL COMMITTEE OF NORTH BROOKFIELD & another.[1] Hampshire. October 4, 2012. ‑ February 8, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. School and School Committee, Superintendent of schools, Retirement benefits. Contract, Employment. Civil action commenced in the Superior Court Department on October 11, 2006. The case was heard by Mary‑Lou Rup, J., on motions for summary judgment; a motion for reconsideration was considered by her; and entry of final judgment was ordered by her. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Brian M. Maser for the defendants. John J. Driscoll for the plaintiff. Sandra C. Quinn & Matthew D. Jones, for Massachusetts Teachers Association, amicus curiae, submitted a brief. BOTSFORD, J. Robert O’Neill served as superintendent of schools in the town of North Brookfield (town) from 1998 to 2005. His employment contract provided that on his retirement, he would be reimbursed thereafter for a percentage of his health insurance premiums on an annual basis.[2] The question we consider is whether an employment contract between a school committee and a superintendent that contains a provision for annual reimbursement of health insurance premiums in the indefinite future is invalid and unenforceable because it exceeds the six-year limit on such contracts imposed by G. L. c. 71, § 41. We answer the question “No” and affirm the judgment of the Superior Court. Background. The school committee of North Brookfield (school committee) hired O’Neill as superintendent of schools in the spring of 1998. O’Neill continued in that position until July of 2005, and during that time he was party to a series of employment contracts with the school committee. Each provided that while employed as superintendent, O’Neill was to receive all employment-related benefits available to teachers, including health insurance coverage pursuant to G. L. c. 32B.[3] On October 21, 2002, O’Neill and the school committee executed an employment contract with an effective date of July 1, 2002, and extending through June 30, 2005. This contract contained for the first time a provision entitling O’Neill, on his retirement, to be reimbursed annually for a fixed percentage of the premium costs for an individual health insurance plan (reimbursement clause). The reimbursement clause reads: “Upon retirement from […]
