Number 13 February 10, 1981

Number 13 February 10, 1981 Gregory R. Anrig, Commissioner Department ofEducation 31 St. James Avenue Boston, MA 02 116 Dear Commissioner Anrig: You have requested my opinion whether General Laws chapter 31, section 37, requires a school committee to grant a leave of absence to a public school teacher who is serving in an elective state office. Your request derives from your responsibilities to advise school committees concerning their legal duties and to ensure that the laws pertaining to education are enforced. For the reasons set forth below, I am of the opinion that General Laws chapter 31, section 37, does not apply to public school teachers and does not, therefore, require a school committee to grant a leave of absence to a teacher who is serving in elective state office.' 'l reach no conclusion whether a pubhc school teacher, by virtue of some other provision of law or the terms of a collective bargaining agreement, may otherwise be entitled to such a leave of absence. See n.5, infra. P.D. 12 ,33 General Laws chapter 31 , section 37,^ provides in pertinent part: ... any person elected to a state office or elected by the people to the office of mayor who is a permanent employee in a civil service position or is employed in a position in any public authority which is supported in whole or in part by public money shall, upon his written request made to the appointing authority, be granted a leave of absence without pay from his civil service position or from his position in such public authority for all or such portion of the term for which he was elected as he may at any time, or from time to time, designate, and shall not, as a result of such election, be suspended or discharged or suffer any loss of rights under the civil service law and rules .... You specifically ask whether the phrase "person . . . employed in a position in a public authority" may be construed to include public school teachers who are employees of school committees. I believe the answer to that question is "no", based in part upon the terms of General Laws Chapter 31. section 48, which provides in pertinent part: All offices and positions in the service of the commonwealth or of any district or authority established by general or special law shall be subject to the civil service law and rules unless expressly exempted by this chapter or other law. . . . [t]he following shall be exempt from the civil service law and rules, unless expressly made subject thereto by statute: .... Public school teachers and administrators whose duties require the possession of a teacher's certificate. General Laws chapter 31, section 1, defines "civil service law and rules" as "this chapter and the rules promulgated pursuant to this chapter". Because the language of a statute is the principal source of insight into legislative purpose, Hojfman v. Howmedica, Inc., 373 Mass. 32, 37 (1977), I must conclude that the clear intent of the legislature was that the provisions of chapter 31 should not generally apply to public school teachers. That the legislature intended that public school teachers be exempt from the provisions of General Laws chapter 31 is supported by further analysis of the statute. General Laws chapter 31, section 48, also provides that "lolffices and positions in the service of cities and towns shall be subject to the civil service law and rules as provided by sections fifty-one, fifty-two. and litty-thrce." General Laws chapter 31, section 53, provides that a school committee for a regional school district may vote to accept the applicability ot the "civil service law and rules" to all non-academic positions within a regional school district or regional vocational school district. G.L. c. 31 §53 (a). That section also ^Pnor to the passage of St, 1978. c. 393, §11. the section was fom,erly G.L. c, 31. §46 E. n,c comparable ,u.a«raph . that section was added by St. 1965. c. 703. § Land provided. Any person hold.ng an elective state office, or .he mayor ^^.^^^^:^ :""- "^ "^l holds a ^manent office%r position in the classified civ.l ,^=^'^<=/'^ *•• 'f"^.i ,^^^^;; ,hal basis bv^nv public authority which is supported in whole or in pan by public "lon^^ ^"| ; ,„ maTe to TaKinting auth^n.y. be granjed a leave of absence withou P;>^f™- -h^HicV ^ for all or suchTortion of ^e ten. for which he -?s e ec ed s h „, j a^a^ ..n^^^^ and he shall not be suspended or discharged, and shall sutler no loss oi civii sci k ilhin 134 P.D. 12 provides for the acceptance by a city or town, in accordance with G.L. c. 31, §§54 and 55, of the applicability of "the civil service law and rules" to certain positions. The statute, however, expressly exempts "the office of ... . public school teachers" from its provisions. G.L. c. 31, §53 (b).^ The leave of absence provision in section 37 of chapter 31 brings within its terms "[a]ny person . . . who ... is employed in a position in any public authority which is supported in whole or in part by public money". While that language appears to encompass a wide range of public employees, it must nevertheless be construed together with section 48 so that the provisions of the civil service law constitute a harmonious whole consistent with the legislative purpose. Board of Education v. Assessor Worcester, 368 Mass. 511, 513-14 (1975). Considering the obvious intent to exclude public school teachers from the provisions of General Laws chapter 31, 1 am unable to conclude that by the terminology of section 37, the legislature intended to make any exception to this general rule when providing for leaves of absence upon election to state office or to the office of mayor. ^ See Zoulalian v. N.E. Sanatorium and Benevolent Assoc, 230 Mass. 102, 105 (1918). While the exemption for public school teachers contained in section 48 is not necessarily in conflict with the leave of absence provision of section 37, that latter section does not refer to public school teachers as such and, therefore, does not "expressly" make public school teachers subject to its terms. There is no basis, therefore, for applying section 37 in the situation which you have posited. O'Hara v. Commissioner of Public Safety, 367 Mass. 376, 384 (1975). For the foregoing reasons, I am of the opinion that General Laws chapter 31, section 37, does not apply to public school teachers and does not, therefore, require a school committee to grant a leave of absence to a teacher who is elected to a state office.^ Very truly yours, FRANCIS X. BELLOTTI Attorney General ^See also G.L. c. 71, §§37, el seq.. governing the appointment of public school teachers. These statutes, read together, provide teachers with many of the protections otherwise granted to public employees under the civil service law. ''This conclusion is supported by the fact that the term "f)erson . . . employed in a position in any public authority," as used in section 37, was most likely not intended to include public school teachers. Section 48 expressly distinguishes "all offices and positions in the service of . . . any , . . authority [established by general or special law]" from "[ojfficers and positions in the service of cities and towns." Cf. Plymoulh County Nuclear Information Committee. Inc. v. Energy Facilities Siting Council. ilA Mass. 236, 240 (1978) (words used in one part of statute in definite sense should be given same meaning in another part of same statute) In construing section 37, I conclude that the legislature intended to continue the distinction between authorities, such as the Massachusetts Bay Transponation Authority established pursuant to G.L. c. 161A or the Massachusetts Port Authority, established under G.L. c. 91 App., on the one hand, and municipal bodies such as school committees, on the other. ^This conclusion is consistent with the broad discretion and "complete and exclusive" authority given to school committees under G.L. c. 71. §38, to contract with teachers as to wages, hours and other conditions of employment. See Allen v. Sterling. 367 Mass. 844, 847 (1975). Leaves of absence for public school teachers are governed, in part, by G.L. c. 71. §41A, and by the terms of collective bargaining agreements. See G.L. c. 150E. §§4-7. P.D. 12 ,3,