O'Connell v. Bruce

OPINION

FLANDERS, Justice.

“What’s in a name?” 1 Does a municipal enactment smell as sweet legally whether it is called a resolution, an ordinance, or, for that matter, by any other name? In the context of this case we must decide if a town council’s resolution creating a pension fund for disabled police officers and firefighters ran afoul of enabling legislation authorizing the council to create the fund and to establish by ordinance all fund-related rules and regulations as it deemed necessary and expedient. Because the challenged resolution was in substance and effect the functional…