September 10, 1982 Number 3

September 10, 1982 Number 3. Honorable Michael Joseph Connolly Secretaiy of the Commonwealth State House Boston, Massachusetts 02133 Dear Secretary Connolly: By letter dated August 6, 1982, you have requested my opinion whether cer- tain questions forwarded to me are ones of public policy within the meaning of G.L. c. 53, §19. You further requested an opinion of what simple, unequivocal and adequate form is best suited for presentation of these questions on the ballot. As my predecessors, I am of the opinion that the term "public policy" as used in G.L. c. 53, §19, should not be given a restrictive meaning. 1980/81 Op. Atty. Gen. No. 6, Rep. A.G., Pub. Doc. No. 12 at 109(1980). Each question must con- cern an important public matter in which every citizen of the Commonwealth would have an interest. 1980/1981 Op. Atty. Gen. No. 6, Rep. A.G., Pub. Doc. No. 12 at 109 (1980); 1978/79 Op. Atty. Gen. Nos. 8 and 17, Rep. A.G., Pub. Doc. No. 12 at 114 and 121 (1978). Moreover, the instruction contained in each ques- tion must be consistent with the powers of the Legislature and the subject matter must be fit for lawmaking. 1980/81 Op. Atty. Gen. No. 6, Rep. A.G., Pub. Doc. No. 12 at 109 (1980). Even when questions concern a small geographic area, if the problem is one of concern to the Commonwealth in general, then the question may be considered one of public policy. 1980/81 Op. Atty. Gen. No. 6, Rep. A.G., Pub. Doc. No. 12 at 109. (1980); 1978/79 Op. Atty. Gen. Doc. Nos. 16, 17, and 18, Rep. A.G., Pub. Doc. No. 12 at 121-123 (1978); 1974/75 Op. Atty. Gen. No. 11, Rep. A.G., Pub. Doc. No. 12 at 54 (1974). Certain additional requirements, however, must be satisfied before the questions may appear on the ballot. The requirements to which I make reference are con- tained in G.L. c. 53, §§19, 20, and 21, and involve a number of statutory prohi- bitions which involve questions of fact. For example, a question which is technically accurate and presents an important public issue may not appear on the ballot if the question is substantially the same as one which has been submitted to the voters within less than three years. G.L. c. 53, §21 . As Secretary of the Commonwealth, you have in your possession past election ballots from each of the relevant dis- tricts and, therefore, you are in a better position than 1 to make the factual deter- mination required by the statute. Consequently, I have made no independent inquiry to determine whether these questions are statutorily defective for any reason other than a failure to qualify as a public policy question in proper form for presentation on the ballot. 1980/81 Op. Atty. Gen. No. 6, Rep. A.G., Pub. Doc. No. 12 at 109 (1980); see 1958/59 Op. Atty. Gen. No. XII, Rep. A.G., Pub. Doc. No. 12 at 44 (1958). P.D. 12 85 With these considerations in mind, it is my opinion that the following questions are ones of public policy within the meaning of G.L. c. 53, §19, and should appear on the ballot in the following form: Representative District: 5th Essex Shall the Representative from this district be instructed to vote in favor of a reso- lution requesting the United States and the Soviet Union to adopt a mutual freeze on the testing, production, and deployment of nuclear weapons and of missiles and new aircraft designed primarily to deliver nuclear weapons? Representative District: J 7th Essex Shall the Representative from this district be instructed to vote in favor of a reso- lution requesting the President of the United States to propose to the Soviet Union a mutual freeze on the testing, production and deployment of nuclear weapons and of missiles and new aircraft designed primarily to deliver nuclear weapons, with verification safeguards satisfactory to both countries? Senatorial District: 2nd Middlesex Shall the Senator from this district be instructed to vote in favor of a resolution requesting the United States and the Soviet Union to stop the nuclear arms race, and specifically to adopt a mutual, verifiable freeze on the testing, production and deployment of nuclear weapons and of missiles and new aircraft designed primarily to deliver nuclear weapons? Representative District: 21st Middlesex Shall the Representative from this district be instructed to vote in favor of a reso- lution requesting the President of the United States to propose to the Soviet Union a mutual nuclear weapons freeze immediately halting the testing, production, and deployment of all nuclear warheads, missiles, and delivery systems; and to fur- ther propose future reductions in the number of these nuclear warheads, missiles and delivery systems? Representative District: 35th Middlesex Shall the Representative from this district be instructed to vote in favor of a reso- lution requesting the United States and the Soviet Union to adopt a mutual freeze on the testing, production, and deployment of nuclear weapons and of missiles, submarines and new aircraft designed primarily to deliver nuclear weapons? Representative District: 9th Hampden and four other Representative Districts^ Shall the Representative from this district be instructed to vote in favor of legis- lation properly before the General Court requiring the city of Springfield to adopt the lowest tax rate for residential property allowed by the property tax classifica- tion law? lOth. llth. 12th and 13th Hampden. 86 P.D. 12 Representative District: 18th and 19th Middlesex Shall the Representative from this district be instructed to vote in favor of legis- lation properly before the General Court requiring the city of Lowell to adopt the lowest tax rate for residential property allowed by the property tax classification law? Representative District: 13th Worcester and four other Representative Districts^ Shall the Representative from this district be instructed to vote in favor of legis- lation properly before the General Court requiring the city of Worcester to adopt the lowest tax rate for residential property allowed by the property tax classifica- tion law? Representative District: 5th Bristol and eight other Representative Districts^ Shall the Representative from this district be instructed to vote in favor of legis- lation creating a state fund to clean up hazardous waste sites, to be financed through a special tax on businesses which produce wastes and not through general tax revenues? Representative Districts: 5th Bristol and 1 1th Essex Shall the Representative from this district be instructed to vote in favor of legis- lation requiring businesses to disclose to their employees and to residents of adjoin- ing neighborhoods the identity of all toxic chemicals which those businesses use, store, discharge or produce? Senatorial Districts: Bristol and Plymouth; Worcester; 1st Worcester and Middle- sex; and Fourteen Representative Districts^ Shall the Representative from this district be instructed to vote in favor of a reso- lution calling upon the United States Congress to make more federal funds avail- able for equal opportunity jobs and programs in education, public transportation, energy efficient housing, health care, and other services, and to obtain those funds by significantly reducing the amount spent on nuclear weapons and programs of foreign military intervention? Representative District: 15th Suffolk Shall the Representative from this district be instructed to vote in favor of a reso- lution calling upon the United States Congress to make more federal funds avail- able for jobs and programs in education, public transportation, energy efficient housing, health care, and other services and to obtain those funds by significantly reducing the amount spent on nuclear weapons and programs of foreign military intervention? ^ I4th, 15th. 16lhand 17th Worcester ' ISlhand I9lh Middlesex. 16th Suffolk. 13th. Uth. l.Sth. 16th and 17th Worcester * 8th Bristol; 2nd. 10th. Ilth and 1 Mh Hampden; 1st and Md Hampshire; 17lh. 18th and 19th Middlesex; 12th Norfolk; "Jth. 10th. and 1 llh Plymouth P.D. 12 87 Representative District: 5th Suffolk and four other Representative Districts^ Shall the Representative from this district be instructed to vote in favor of legis- lation controlling residential rents and evictions, assuring a fair net income to the owner, and exempting owner-occupied two and three family dwellings? Representative District: 5th Suffolk and four other Representative Districts^ Shall the Representative from this district be instructed to vote in favor of legis- lation banning condominium and cooperative conversion of residential rental property for at least the next three years? Representative District: 1st Bristol Shall the Representative from this district be instructed to vote in favor of legis- lation promoting, developing and encouraging a greyhound breeders program simi- lar to the program granted both the thoroughbred and harness horse industry in this state? Representative District: 9th Hampden and three other Representative Districts'' Shall the Representative from this district be instructed to vote in favor of legis- lation creating a comprehensive state program to weatherize homes, businesses and public buildings, to be financed through a tax on major oil companies? Representative District: 28th Middlesex Shall the Representative from this district be instructed to vote in favor of legis- lation restricting attorneys' fees in workers' compensation cases to no more than 5% of any lump sum settlement awarded to an injured worker? Senatorial District: Norfolk & Plymouth Shall the Senator from this district be instructed to vote in favor of a constitu- tional amendment requiring all sales tax revenues to be returned to cities and towns? Senatorial District: Norfolk & Plymouth Shall the Senator from this district be instructed to vote in favor of legislation repealing the law which requires consumers to pay utility company fuel adjust- ment charges? Representative District: 11th Suffolk Shall the Representative from this district be instructed to vote in favor of legis- lation properly before the General Court requiring the City of Boston to sell por- tions of the Arnold Arboretum for private development, the proceeds to be earmarked for security patrols and other safety programs in the park? ' 9lh. 17lh. 18th and Wlh Sulfolk. * 9lh. I7ih. 18th and 19th Sulfolk. ^ lOlh. 11th and 12th Hampden. 88 P.D. 12 Representative District: Nth Suffolk Shall the Representative from this district be instructed to vote in favor of legis- lation properly before the General Court providing for public review and approval of public safety manning levels, by district, in the City of Boston? Very truly yours, FRANCIS X. BELLOTTI Attorney General