Clark v. City Council of Waltham

The city of Waltham is governed by a Plan B charter, under which it has a mayor (G. L. [Ter. Ed.] c. 43, § 58) and eleven councillors (§ 59). By § 60, with certain immaterial exceptions, heads of departments are “appointed by the mayor, subject to confirmation by the city council.” The parties assume that the collector and treasurer of the city is the head of a department.

On January 22, 1951, the mayor appointed the petitioner Clark as collector and treasurer of the city. On February 12, 1951, the question of confirmation came up at a meeting, at which ten of the eleven councillors were…