City council brought action seeking declaratory relief, injunction, and mandamus to require mayor to comply with ordinance reorganizing police department to be headed by five-person board of police commissioners rather than single commissioner.
The Superior Court Department entered summary judgment in city council’s favor, and mayor appealed. Parties’ joint application for direct appellate review was granted.
The Supreme Judicial Court held that:
- Ordinance fell within city council’s statutory authority;
- Ordinance did not violate mayor’s statutory power to appoint and remove “all heads of departments and members of municipal boards”;
- Ordinance did not impermissibly interfere with mayor’s statutory authority to enter into employment contract with police chief; and
- Ordinance did not usurp mayor’s right to decide that police force would be better administered with single, professional commissioner.