Summary
The Massachusetts Supreme Judicial Court held that John Buonomo forfeited his Somerville retirement allowance under G. L. c. 32, § 15 (4), after his convictions for offenses committed while serving as register of probate of Middlesex County. The court concluded that the statute does not require the office connected to the criminal convictions to be the same office from which the retirement allowance was earned. The court reversed the Superior Court judgment and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether Buonomo forfeited his Somerville retirement allowance under G.L. c. 32, § 15(4) for convictions related to his position as register of probate
- Whether statute requires nexus between convictions and same office from which pension is received
Holdings
- Buonomo forfeited his retirement allowance from the Somerville board for convictions involving violation of laws applicable to his office as register of probate
- Breaking into depository, larceny, and embezzlement convictions violated Canon 2 of S.J.C. Rule 3:12 requiring compliance with laws, thus violating laws applicable to register of probate office
Key quotations
“even though Buonomo’s convictions involved violations of the laws applicable to his office or position as register of probate, he nonetheless forfeited his entitlement to a retirement allowance from the retirement board of Somerville” (663)
“The language of G. L. c. 32, § 15 (4), is unequivocal. It provides that '[i]n no event shall any member after final conviction of a criminal offense involving violation of the laws applicable to his office or position, be entitled to receive a retirement allowance under the provisions of [§§ 1-28]'” (671-672)
“The statute does not say that the office or position whose laws were violated be the same as the one from which the member is receiving a retirement allowance. There simply is no such limiting language in § 15 (4).” (672)
Factual background
John Buonomo, former Somerville alderman receiving pension, was convicted of breaking into depository, larceny, and embezzlement as register of probate. Board sought to forfeit his pension under G.L. c. 32, § 15(4).
Procedural history
Board revoked Buonomo's pension; District Court reversed; Superior Court affirmed District Court; SJC transferred case from Appeals Court.
Remand instructions
New judgment shall enter reversing District Court judgment, affirming board's decision, and remanding to District Court for further proceedings