V O L U M E - City of Somerville

232
Petitions 6*4-507
6*1-503
6*4-530^
6*1-509
Thursday, September 10, 19*4-2
I assume that the -order means that I am to furnish the Board and Acting Mayor
with my opinion as to the rights of Aldermen or School Committee Members who
enlist or are called into the military or.naval service of the nation. The
Chapter in question Is Chapter 70S of the Acts of 19*4-1 and consists of twentyfive
sections. The first section is:
"Section 1. Any person who, on or after January first,
nineteen hundred and forty, shall have tendered his resignation
from an office or position in the service of the
commonwealth, or any political subdivision thereof, or
otherwise terminate such service, for the purpose of serv- .
ing in the military or naval forces of the United States
, and who does or did so serve or was or shall be rejected
for such service, shall, except as hereinafter provided
be deemed to be or to have been .on leave of absence; and
no such person shall be deemed to have resigned from his
office in the service of the commonwealth, or any political
subdivision thereof, or to have terminated such
service, until the expiration of one year from the termination
of said military or naval service by him."
The section just quoted is general in Its terms and applies to all persons
holding office or position in the service of the commonwealth or any city or
town. It provides that any such person entering the military or naval service
shall be deemed to be on leave -of absence, ajid shall be deemed not to have
resigned from his office or to have terminated his service until the expiration
of one year from the termination of his military or naval service. It
would appear from the wording of this section that it was enacted for the
benefit of any person holding an office or position in the public service, who
enters a military or naval service. If he so desires such person may accept
the benefits of this section and be deemed to hold his office or position
while he is in the military or naval service.
Thus, a member of the Board of Aldermen or a member of the School Committee
has the right, upon entering the military or naval service, to accept the
benefits of this act and to be deemed to be on leave of absence.
It is my opinion that no person in the public servlce is obliged to accept
the benefits of this act; if any person hording office or poslTion of~any
kind in the public service desires to terminate that service upon entering
the military or naval service he can do so.
I am of the opinion that, for example, a person having Civil Service status
may resign and give up all rights under the Civil Service Statute if he so de
sires. I believe that the same is true of persons holding elective positions
also; that Is, an elected office holder may at his option accept the benefits
of this act or waive those benefits and resign- If he accepts the benefits,
he is of course entitled to resume.his position upon his discharge from the
military or naval service if he is discharged before the expiration of the
"term for which he was elected, rf he waives the 'benefits of this act and resigns,
he would not be entitled to resume his position upon his discharge,
even though'he were to be discharged before the expiration of the term for
which he was elected.
In short, it is my opinion that this chapter was enacted for the._ben.eflt_of
the individuals and that such being the case an Individual may elect whether
or not to accent its benefits.
RJM/1
Placed on file
Respectfully submitted
Robert J. Muldoon
Robert J. Muldoon
City Solicitor
PETITIONS, MEMORIALS AND REMONSTRANCES
Received petitions, from.
George N. Walker for license as driver,
Marky's Cafe Inc. for neon sign 131S Broadway
Israel Andler for transfer of location of slaughter license, *4-93r Columbia St
Referred, to.-Commi.ttee on Licenses and Permits.
Thomas H. Eliot for sound system