German v. Commonwealth

We are called upon to pass on the constitutionality of St. 1991, c. 6, § 90, the so-called “furlough” law. Specifically, we are asked to decide whether § 90 imposes a discriminatory and unconstitutional graduated “tax” on State, employees, and whether it effects a governmental “taking” of the plaintiff’s property without reasonable compensation in violation of art. 10 of the Massachusetts Declaration of Rights. We determine that § 90 does not impose a “tax” on State employees. Furthermore, § 90 does not deprive the plaintiff State employee of any property right and, therefore, does not…