Perez v. Dep't of State Police
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The Supreme Judicial Court affirmed the order of the superior court judge allowing the State police's motion for summary judgment and denying Plaintiff's request for back pay under Mass. Gen. Laws ch. 30, 59 (the Perry Law), holding that Plaintiff was not entitled to back pay or other relief under the terms of the Perry Law.
Perry Law mandates back pay for a State employee who has been indicted on criminal charges due to job-related misconduct and, consequently, suspended from his position without pay if the charges are subsequently terminated without a finding or verdict of guilty. At issue was whether Plaintiff, who had been suspended from his position without pay pursuant to article 6.2 of the State police rules and regulations, was entitled to back pay under the Perry Law. The Supreme Judicial Court held (1) when the colonel of the State police opted to suspend Plaintiff, he had discretion to choose whether to invoke the Perry Law or to proceed under article 6.2, which is unique to the State police; and (2) because the colonel decided to suspend Plaintiff in accordance with article 6.2 Plaintiff was not entitled to relief under the Perry Law.
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