Dear City/Town Clerks of Commonwealth of Massachusetts,
According to an October 4, 2019 electronic mail (email) communication from the Contracts and Licensing Agent for the Town of Milton, legal notice of the Town of Milton Taxicab Rules and Regulations which were amended May 6, 2014 was published in the June 5, 2014 and June 19, 2014 editions of the Milton Times in accordance with Section 22 of Chapter 40 of the General Laws of Massachusetts.
Subsequently, on October 15, 2019 the Town of Milton provided copies of canceled checks as evidence of this public notice being given.
Boston Police Department Rule 403 (“Rule 403”) is being illegally used to subject a class of transportation workers to the unlawful deprivation of our status as an employee for purposes of M.G.L. Chapter 152.
“As was said in Commonwealth v. Kimball, 21 Pick. 373, 377, ‘every statute is a repeal of all former ones by implication, so far as it is contrary and repugnant thereto, without a repealing clause.’” Hersch v. Police Commissioner of Boston, 319 Mass. 428, 432 (1946).
It appears the Massachusetts Legislature repealed Rule 403 on January 21, 2017. See St. 2016, c. 174 § 2.
Rule 403 has not been published in a newspaper as contemplated by either (1) Section 22 of Chapter 40 of the General Laws of Massachusetts or (2) Section 1 of Chapter 392 of the Acts of 1930. See (1) M.G.L. c. 40, § 22 - (“Such rules and orders shall not take effect until they have been published at least once in a newspaper published in the city, town or county”), (2) St. 1930, c. 392 § 1 - (“Such rules and orders shall not take effect until they have been published at least once in a newspaper published in said city” of Boston, Massachusetts).
In the matter of Sebago v. Boston Cab Dispatch, Inc., 471 Mass. 321 (2015) the Massachusetts Supreme Judicial Court (“SJC”) found
In 2008, acting pursuant to that mandate, the commissioner promulgated Rule 403, creating a comprehensive system of rules and regulations governing the ownership, leasing, licensing, rate setting, and operation of taxicabs in the city. Rule 403, § 1(II). We summarize how the taxicab industry is designed to operate under Rule 403, reserving certain details for the issues raised on appeal.
Rule 403 is a comprehensive set of regulations for the Boston taxicab industry, promulgated by the city's police commissioner (commissioner) pursuant to an express delegation of authority by the Legislature. St. 1930, c. 392, as amended by St. 1931, c. 408, § 7, and St. 1934, c. 280
See Sebago at 322-323.
The Police Commissioner of the City of Boston is under the general supervision and control of the Mayor of the City of Boston, Martin J. Walsh (“Mayor Walsh”).
Mayor Walsh is alleged to be exercising that general supervisory power to obtain unpaid wage free labor through, among others things, the exploitation of the licensing process City of Boston taxicab drivers are forced to undergo annually. See 1930, c. 392 § 3 - (“In said city, no person shall drive…a hackney carriage,…unless licensed thereto by the police commissioner of the city of Boston”).
In this manner, we are paid $0 per/hr. for purposes of the Fair Labor Standards Act of 1938, as amended.
For this reason, it is believed the City of Boston is illegally participating in ongoing human labor trafficking conspiracy with respect to peonage, slavery, involuntary servitude, or forded labor in violation of the Thirteenth Amendment to Constitution of the United States under the general supervision of Mayor Walsh. See 26 Stat. 209 - (July 2, 1890).
“The city charter is a series of State statutes and not a single code.” City Council of Boston v. Mayor of Boston, 383 Mass. 716, 719 (1981).
In City Council of Boston, the SJC also attests that “in 1885 the city charter was substantially revised.” Id.
Pursuant to those extensive May 27, 1885 revisions recognized by the SJC in City Council of Boston, “the executive powers of said city,…are vested in the mayor, to be exercised through the several officers and boards of the city in their respective departments, under his general supervision and control. Such officers and boards shall, in their respective departments, make all necessary contracts for the employment of labor…” See St. 1885, c. 266 § 6; see also City Council of Boston at 720 (“The city council may not ‘directly or indirectly…take part in the employment of labor…’ St. 1948, c. 452, Section 17G, inserted by St 1951, c. 376, Section 1”).
Please kindly provide, within ten (10) business days, any records in the possession, custody, or control your City or Town relative to the newspaper publication of (i) ordinances or bylaws and/or (ii) rules and orders, for the regulation of carriages and vehicles used therein for the conveyance of persons from place to place for hire.
Labor Trafficking Victim,
October 15, 2019
City of Boston
Hackney Carriage Driver