2 Mass. App. Ct. 832 | Mass. App. Ct. | 1974
This petition for a writ of mandamus is brought by a “regular full-time member” of the police department of the town of Marblehead (town) to compel the respondents to take certain steps necessary for granting him, “as a reward for furthering . . . [his] education in the field of police work,” a “career incentive base salary increase” pursuant to G. L. c. 41, § 108L, inserted by St. 1970, c. 835. The case was heard upon a statement of agreed facte which the trial judge adopted as his “Findings of Fact” and which discloses that the petitioner became a “permanent intermittant” (sic) member of the town police department in 1968, received a bachelor of science degree in accounting from Bentley College in 1969 after completing a four year course of study, and on April 14, 1971, became a “regular full-time” police officer. The respondents have appealed from the trial judge’s order that a writ of mandamus issue. We reverse because we do not believe that G. L. c. 41, § 108L,
So ordered.
For the legislative history of § 108L see 1970 House Doc. Nos. 328, 332, 909, 1645, 5851, and 5882, and 1970 Senate Doc. No. 1599. Also see St. 1973, c. 369, amending § 108L in a manner not material to the present case.