Number 4. September 16, 1974

Number 4. September 16, 1974 Honorable Robert L. Meade, Chairman Department of Public Utilities Leverett Saltonstall Building 100 Cambridge Street Boston, Massachusetts 02202 Dear Chairman Meade: You have requested my opinion regarding the interrelationship be- tween St. 1973, c. 426, §§ 36 and 48. Section 36 amends G. L. c. 25, § 2 by increasing the salaries of the Commissioners of Public Utilities. However, section 48 later provides, "Notwithstanding any provisions of this act to the contrary, the provisions of . . . section two of chapter twenty five ... of the General Laws ... in effect immediately prior to the effective date of this act, shall remain in effect and apply to ap- pointments to the offices referred to therein which are made on or after said effective date." Reading the two sections together, you have observed that they result in a situation where newly appointed commissioners receive a lesser sal- ary than commissioners appointed prior to the act and newly reap- pointed commissioners receive a decrease in salary. I believe that your observation is an accurate one. It would seem that the intent of the General Court in enacting the two sections was to maintain the salaries of incumbent commissioners at their existing level in terms of real dol- lars, but to bring about a real decrease in the salaries of future commis- sioners. While, for a time, some commissioners might find themselves receiving a lesser salary than others, such a situation is not as inequita- ble as might first appear, since the effect of the statute is that none will be receiving a salary which is less in terms of real dollars than that which he was offered at the time he assumed office. As the terms of commissioners expire, there will eventually have been effected a real decrease in the salary of all of the commissioners although the face amount of the salary will remain constant. Very truly yours, ROBERT H. QUINN Attorney General