Number 16 January 9, 1973

Number 16 January 9, 1973 Honorable John F. Kehoe, Jr. Commissioner of Public Safety 1010 Commonwealth Avenue Boston, Massachusetts 02215 Dear Commissioner Kehoe: You have requested my opinion whether a Detective Lieutenant In- spector, while assigned to the Division of Fire Prevention, is entitled to the benefits of G. L. c. 41, § 108L, as inserted by Chapter 835 of the Acts of 1970. Since it is not clear whether your question refers to tem- porary or permanent assignments, I must answer your question in two parts. First, it is my opinion that a Detective Lieutenant Inspector, while permanently assigned to the Division of Fire Prevention, is not entitled to the benefits of G. L. c. 41, § 108L for the reasons hereinafter stated. General Laws, c. 41, § 108L, the police career incentive pay act, pro- vides, in pertinent part: "There is hereby established a career incentive pay pro- gram offering base salary increases to regular full-time mem- bers of the . . . division of state police in the department of public safety ... as a reward for furthering their education in the field of police work." Statutes must be construed as they are enacted and each word or phrase is presumed to have its ordinary meaning. Davey Bros. Inc. v. Stop & Shop, Inc., 351 Mass. 59, 63. There can be no doubt that the Legislature intended that the police career incentive program apply only P.D. 12 71 to policemen. There is also no ambiguity in regard to employees of the Department of Public Safety. General Laws, c. 41. § 108L specifically and exclusively refers to "regular full-time members of . . . the division of state police in the department of public safety."' The statute does not refer to any members of the Department of Public Safety who are not assigned to the Division of State Police on a regular full-time basis. Ac- cordingly, regular full-time employees of any other division of the De- partment of Public Safety, including the Division of Fire Prevention, are not eligible for benefits under c. 41, § 108L. You have informed me that Detective Lieutenant Inspectors assigned to the Division of Fire Prevention are charged with enforcing all the laws of the Commonwealth and regulations of the Department of Public Safety, but concentrate on fire prevention and investigating arson. It is clear that the Division of State Police does not share the same primary and inclusive responsibility for arson cases but must be concerned in the first instance with the total crime spectrum, including fire prevention. It follows that personnel assigned to the Division of Fire Prevention do not have the same duties and responsibilities as members of the Division of State Police but have limited duties. However, you have also in- formed me that perhaps 75%-85% of the State Police Detective Lieuten- ant Inspectors are transferred to the Division of Fire Prevention at some point in their career and cannot refuse such an assignment. It may appear harsh that the Legislature distinguished between Detec- tive Lieutenant Inspectors assigned to the Division of State Police and Detective Lieutenant Inspectors assigned to the Division of Fire Pre- vention in enacting G. L. c. 41. § 108L. One arguably anomalous result follows when a Detective Lieutenant Inspector is barred from continu- ing the police career incentive program by an assignment from the Divi- sion of State Police to the Division of Fire Prevention. However, a stat- ute cannot be interpreted to avoid hardship if the statutory language is clear and unambiguous. "To stretch the meaning of a statute so as to adjust an alleged injustice, inequity or hardship could cause a multipli- city of interpretations as each alleged injustice, inequity or hardship arose." Town of Milton v. Metropolitan District Commission. 342 Mass. 222, 227. Only the Legislature can modify the law. Secondly, it is my opinion that a Detective Lieutenant Inspector per- manently attached to the Division of State Police, who is temporarily assigned to the Division of Fire Prevention, is entitled to the benefits of G. L. c. 41, § I08L. You have informed me that State Detective Lieutenant Inspectors as- signed to the Division of State Police are occasionally temporarily trans- ferred to the Division of Fire Prevention. You have also stated that a Detective Lieutenant Inspector remains on the payroll, and thus under the administrative control, of the Division of State Police. Under those circumstances, it is my opinion that the Detective Lieutenant Inspector 72 P.D. 12 has not lost his status as a regular full-time employee of the Division of State Police and is entitled to the benefits of G. L. c. 41, § 108L. Very truly yours, ROBERT H. QUINN Attorney General