Rodriguez v. City of Somerville (Lawyers Weekly No. 10-124-15)
Letter to mayor requesting incident reports constituted inadequate presentment under Tort Claims Act; appeared to be public records request rather than actual claim presentation.
Letter to mayor requesting incident reports constituted inadequate presentment under Tort Claims Act; appeared to be public records request rather than actual claim presentation.
Work product prepared in anticipation of litigation by or for a city falls within the public records law's policy deliberation exemption, protecting it from disclosure.
Foreclosure by entry mortgagee waived right to foreclose by accepting mortgage payments during three-year ripening period; city properly assessed taxes to occupant.
Police chief properly denied firearm license based on domestic violence incident five years earlier, despite criminal dismissal and absence of conviction.
Tenured employee cannot be fired for refusing to testify at pretermination hearing; statute designed to protect employee, not enlarge employer's removal powers.
Municipality's authority to set health insurance contribution rates for retirees under General Laws chapter 32B is not a mandatory subject of collective bargaining with current employees.
Wholesale seafood firms remained on leased Massport property after lease expiration, continuing to pay rent under holdover provision. Court held companies remained liable for real estate taxes as lessees during holdover period.
Provisional employee with prior permanent civil service status retains right to appeal termination; off-duty tax fraud does not constitute misconduct in office under suspension statute.
Environmental Facilities Siting Board approval of natural gas power plant affirmed where board properly applied environmental justice policy, air quality standards, meteorological data, water supply analysis, and traffic route designations.
City of Quincy breached fiduciary duties as trustee of Adams and Charles Francis Adams Funds by failing to diversify investments and protect principal against inflation, though not required to follow specific investment advice.