Gabriel v. Mayor of Fitchburg

In March, 1979, an officer satisfactory to the mayor was assigned to the city solicitor’s office. After that officer had been promoted, the chief of police reassigned him, but the mayor ordered that he remain in the city solicitor’s office. Thereupon ten taxpayers (nine members of the city council and the chief of police) sought a declaration pursuant to G. L. c. 43B, § 14(2), and G. L. c. 231A that the ordinance was valid. A judgment entered in the Superior Court to that effect.

At trial the parties stipulated that Fitchburg is a Plan B city2 and has not adopted either G. L. c. 41, § 97 or §…