Sullivan v. Town of Brookline

The plaintiff, a twenty-year retiree of the Brookline police department (department), raises two issues through his petition for reinstatement: first, what standard should apply in evaluating a retiree’s fitness to return to full employment; and second, whether a long-term retiree must complete retraining before becoming entitled to reinstatement. To answer these questions this court must interpret G. L. c. 32, § 8 (2), and G. L. c. 31, § 39. We conclude that G. L. c. 32, § 8 (2), compels reinstatement of retired employees once properly cleared by the retirement board, and a vacancy exists;…