Administration and Finance, Commonwealth of Massachusetts http://www.mass.gov/?pageID=afhomepage&L=1&L0=Home&sid=Eoaf http://www.mass.gov/Eoaf/RSS/Home/Hearings%20&%20Appeals/Oversight%20Agencies/Civil%20Service%20Commission/newsandupdates.xml © 2009 Commonwealth of Massachusetts 2009-11-24T00:00:00Z http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/ferry_anthony_111909.pdf 2009-11-24T00:00:00Z 2009-11-24T00:00:00Z

The City did not show reasonable justification for the Appellant's termination. The Appellant was improperly terminated, without notice, after he voiced concerns to the local board. Appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/hobart_mark_111909.pdf 2009-11-24T00:00:00Z 2009-11-24T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/other/oneill_stephen_superior_111209.pdf 2009-11-19T00:00:00Z 2009-11-19T00:00:00Z

Superior Court Affirmed Commission's decision.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/rodriques_baron_111209.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

DOC did not show that the Appellant violated any rules or policies. Appeal allowed; 3-day suspension overturned.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/tobias_jeffrey_111209.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

City showed just cause for terminating the Appellant after he violated a Last Chance Agreement and was criminally charged with attempted murder. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/crowley_william_111209.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

DOC was justified in issuing 5-day suspensions based on the Appellant's untruthfulness, including the filing of false reports. Appeals dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/perron_william_1112091.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

DOC was justified in terminating the Appellant for his role in damaging the car of the Bristol County Sheriff. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/schiavone_joseph_111209.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

Commission clarified its decision for upholding the 1-year suspension against the Appellant after decision was remanded by Superior Court.

http://www.mass.gov/Eoaf/docs/csc/decisions/layoff/amaral_faith_111209.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

City demonstrated that a lack of funds justified the layoff of dozens of police officers. Appeals dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/oconnor_paul_111209.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

City violated civil service law by filling vacancies through out-of-grade appointments, as opposed to requesting a certification for temporary appointments. Relief granted to 1 Appellant who has shown that he was aggrieved.

http://www.mass.gov/Eoaf/docs/csc/decisions/layoff/pike_leo_111209.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

Appeal allowed in part as Appellant was not given proper notice of layoff while he was serving on active duty in the military.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/silvia_james_111209.pdf 2009-11-18T00:00:00Z 2009-11-18T00:00:00Z

DOC was justified in terminating the Appellant for violating various rules, including smoking and having his girlfriend visit him in the control room on multiple occassions. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/classification/shields_john_superior_102909.pdf 2009-11-06T00:00:00Z 2009-11-06T00:00:00Z

Superior Court Affirmed Civil Service Commission's decision denying the reclassification appeal.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/odonnell_washington_110509.pdf 2009-11-06T00:00:00Z 2009-11-06T00:00:00Z

Two Program Manager IVs had the right to be restored to their permanent civil service titles when they were laid off. Appeals allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/ratta_gregory_appeals_102909.pdf 2009-11-03T00:00:00Z 2009-11-03T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/walker_brian_102909.pdf 2009-11-03T00:00:00Z 2009-11-03T00:00:00Z

By a 3-2 vote, the Commission determined that the Boston Police Department did not have reasonable justification for bypass the Appellant for original apointment to the position of police officer. Appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/burgo_lawrence_102909.pdf 2009-11-03T00:00:00Z 2009-11-03T00:00:00Z

The Commission did not have jurisdiction hear this appeal regarding a wrtten and verbal warning. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/holden_richard_102909.pdf 2009-11-03T00:00:00Z 2009-11-03T00:00:00Z

DOC did not provide sufficient evidence to show that a 1-day suspension was reasonably justified. The hearing officer found that the Appellant complied with all DOC rules regarding the production of medical documentation in a timely manner. Appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/kaveleski_jill_102209.pdf 2009-10-29T00:00:00Z 2009-10-29T00:00:00Z

By a 3-2 vote, the Commission ruled that the psychological screening process used was arbitrary and capricious. Bypass appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/johnson_george_102209.pdf 2009-10-29T00:00:00Z 2009-10-29T00:00:00Z

By a 3-2 vote, the Commission concluded that the City had reasonable justification for bypass the Appellant for the position of police officer, based on his criminal record, including a recent OUI. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/desroches_william_102209.pdf 2009-10-29T00:00:00Z 2009-10-29T00:00:00Z

DOC was justified in terminating the Appellant for his verbally abusive behavior toward a co-worker and his untruthfulness.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/laroche_alvin_102209.pdf 2009-10-29T00:00:00Z 2009-10-29T00:00:00Z

DOC was justified in suspending the Appellant for one day for his documented tardiness. Appeal denied / dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/natal_heriberto_102209.pdf 2009-10-29T00:00:00Z 2009-10-29T00:00:00Z

City was justified in terminating the Appellant for his role in a fellow employees's car being struck with a BB-gun. Appeal denied / dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/ramette_paul_102209.pdf 2009-10-29T00:00:00Z 2009-10-29T00:00:00Z

There was no bypass as nobody below the Appellant on the civil service list was selected for appointment in those locations where the Appellant indicated he was willing to accept appointment. DOC's motion to dismiss allowed and Appellant's bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/marciano_michael_102209.pdf 2009-10-29T00:00:00Z 2009-10-29T00:00:00Z

Appellant failed to state a claim upon which his appeal could be heard. His contention that he was prohibited from bidding on another position is not a subject matter for which the Commission has jurisdiction to hear. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/martinez_jose_102209.pdf 2009-10-29T00:00:00Z 2009-10-29T00:00:00Z

City was justified in suspending the Appellant for 30 days for intimidating and harassing a fellow employee. Discipline appeal denied / dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/rodrigues_juan_superior_102309.pdf 2009-10-27T00:00:00Z 2009-10-27T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/other/otoole_robert_100709.pdf 2009-10-22T00:00:00Z 2009-10-22T00:00:00Z

Appellant's request for relief denied. He could not show that he was aggrieved through no fault of his own. Further, there was no vacacny to be filled prior to the expieration of the eligible list.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/weinburgh_paul_100709.pdf 2009-10-22T00:00:00Z 2009-10-22T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/babineau_david_101509.pdf 2009-10-22T00:00:00Z 2009-10-22T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/wilcinski_stephen_101509.pdf 2009-10-22T00:00:00Z 2009-10-22T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/edson_matthew_superior_091809_1.pdf 2009-10-06T00:00:00Z 2009-10-06T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/lacet_jovan_superior_092909.pdf 2009-10-06T00:00:00Z 2009-10-06T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/english_kristen_100109.pdf 2009-10-03T00:00:00Z 2009-10-03T00:00:00Z

Commission granted equitable relief to Appellant after she was unable to seek promotion while terminated. Termination was subsequently overturned by an arbitrator. Appellant's name to appear at the top of next promotional list. Appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/torres_silvio_100109.pdf 2009-10-03T00:00:00Z 2009-10-03T00:00:00Z

The Appellant's poor driving record provided the City with reasonable justification to bypass him for appointment as a police officer. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/mcgrath_daniel_100109.pdf 2009-10-03T00:00:00Z 2009-10-03T00:00:00Z

The City of Lowell sustained its burden of proving that there was reasonable justification for bypassing the Appellant for appointment as a police officer in view of his poor driving record that includes five citations for motor vehicl violations and five license suspensions between 1999 and 2006. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/houhoulis_george_100109.pdf 2009-10-03T00:00:00Z 2009-10-03T00:00:00Z

The Town had reasonble justification for suspending the Appellant for two days for use of excessive speed in driving his cruiser to the scene of a car accident. Discipline appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/cappelluzzo_thomas_100109.pdf 2009-10-03T00:00:00Z 2009-10-03T00:00:00Z

The Town satisfied its burden of proving just cause for its decision to suspend the Appellant for three days. He violated numerous police department rules during two incidents with citizens. Discipline appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/pennor_thomas_100109.pdf 2009-10-03T00:00:00Z 2009-10-03T00:00:00Z

The Appellant's inappropriate workplace behavior provided the City with reasonable justification for terminating the Appellant. Discipline appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/mancuso_mark_100109.pdf 2009-10-03T00:00:00Z 2009-10-03T00:00:00Z

Discipline appeal was not timely filed. Dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/mcglynn_timothy_100109.pdf 2009-10-03T00:00:00Z 2009-10-03T00:00:00Z

Where the Appellant acknowledges that he violated a Last Change Agreement, he can not show that he was prejudiced by the Town's failure to provide him with a hearing prior to his termination. Section 42 appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/galliard_michael_092409.pdf 2009-09-25T00:00:00Z 2009-09-25T00:00:00Z

The Appointing Authority had reasonable justification for bypassing the Appellant for appointment as a Field Parole Officer A/B.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/sousa_gina_092409.pdf 2009-09-25T00:00:00Z 2009-09-25T00:00:00Z

Appellant is appealing a ruling by DOC and HRD that she was not eligible to sit for the CPO D promotional examination. In a partial disposition of the matter, the Commission ruled that c. 31, s. 59 does not apply here nor does the recent Appeals Court decision in Weinburgh. The one remaining issue is whether the time served as a provisional CPO C should count toward the requirement that candidates must have been employed in the next lower title for at least 12 months prior to taking the promotional examination. All parties given 30 days to file additional briefs on this issue.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/moniz_lori_092409.pdf 2009-09-25T00:00:00Z 2009-09-25T00:00:00Z

Joint request for retroactive seniority date as a permanent full-time police officer denied.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/weinrebe_joel_superior_091709.pdf 2009-09-24T00:00:00Z 2009-09-24T00:00:00Z

Superior Court affirmed CSC's decision upholding the Appellant's termination as a correction officer.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/donovan_kevin_091709.pdf 2009-09-17T00:00:00Z 2009-09-17T00:00:00Z

The Department of Correction had reasonable justification for suspending the Appellant for 1-day after determining that he submitted false information as part of his application for employment. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/sanger_jonathan_091709.pdf 2009-09-17T00:00:00Z 2009-09-17T00:00:00Z

The Appointing Authority met its burden of proving just cause for the imposition of a fourteen day suspension against the Appellant for working without a current EMT Paramedic card for two months and for failing to notify the Fire Department that his EMT certification had lapsed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/horan_william_091709.pdf 2009-09-17T00:00:00Z 2009-09-17T00:00:00Z

The Appellant appeals the decision of the Department of Correction to terminate him for violating various rules and two policies concerning security and sexual misconduct. The Commission found that two violations alleged did not occur. Nonetheless, there was just cause for discipline and termination is warranted. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/flaherty_james_091709.pdf 2009-09-17T00:00:00Z 2009-09-17T00:00:00Z

The decision of the Appointing Authority to bypass the Appellant for appointment to the position of Heavy Equipment Operator in favor of an applicant with a later seniority date was not arbitrary or capricious, nor was it in violation of the collective bargaining agreement. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/cronin_douglas_091709.pdf 2009-09-17T00:00:00Z 2009-09-17T00:00:00Z

The Appointing Authority demonstrated just cause to suspend the Appellant for a period of two days from his position as a police officer in light of his unprofessional, condescending and discourteous behavior during a motor vehicle stop on March 7, 2007. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/mckenna_kevin_superior.pdf 2009-09-15T00:00:00Z 2009-09-15T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/laflamme_jeremy_superior.pdf 2009-09-15T00:00:00Z 2009-09-15T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/frost_scott_091009.pdf 2009-09-14T00:00:00Z 2009-09-14T00:00:00Z

The Appointing Authority showed reasonable justification for bypassing the Appellant as the selected candidate was the most well qualified. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/byrnes_vanessa_091009.pdf 2009-09-14T00:00:00Z 2009-09-14T00:00:00Z

The Commission concluded that further investigation of the Board's hiring practices requested by the petitioners is not warranted at this time.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/dinicola_daniel_091009.pdf 2009-09-14T00:00:00Z 2009-09-14T00:00:00Z

City's Motion for Summary Decision denied. The Appellant has standing to appeal termination as he was a tenured civil service employee at the time of the termination. Full hearing to be scheduled.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/rodriguez_araujo_091009.pdf 2009-09-14T00:00:00Z 2009-09-14T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/other/alvarado_ramon_091009.pdf 2009-09-14T00:00:00Z 2009-09-14T00:00:00Z

The Appellant is not entitled to the retroactive seniority date requested. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/lopes_michael_090309.pdf 2009-09-08T00:00:00Z 2009-09-08T00:00:00Z

Commission opted not to allow Joint Request for "310 Relief" as the request would prohibit the Town from considering the Appellant's driving record in future hiring rounds.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/internicola_nicholas_082709.pdf 2009-09-02T00:00:00Z 2009-09-02T00:00:00Z

By a 3-2 vote, the Commission concluded that the Appellant was not guilty of "deliberate misconduct" in regard to alleged violations of accurately reporting his detail / overtime pay. Appeal allowed; 15-day suspension overturned.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/joyce_justin_082709.pdf 2009-09-02T00:00:00Z 2009-09-02T00:00:00Z

By a 3-2 vote, the Commission concluded that the Appellant did not engage in misconduct in regard to the "badging" process of fellow state troopers at Logan Airport. Appeal allowed; suspension overturned.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/campbell_jamil_082709.pdf 2009-09-02T00:00:00Z 2009-09-02T00:00:00Z

The City was justified in bypass the Appellant for appointment as a firefighter due to his driving history, employment history, criminal record and failure to attend a prior Civil Service Commission hearing without showing good cause.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/plaza_justiano_superior_081909.pdf 2009-08-28T00:00:00Z 2009-08-28T00:00:00Z

Superior Court vacated and nullified Commission decision.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/smyth_gary_sjc_082109.pdf 2009-08-27T00:00:00Z 2009-08-27T00:00:00Z

Single justice denied Appellant's request to remand case to Commission as well as request for injunctive relief.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/wilcinski_stephen_082009_3.pdf 2009-08-27T00:00:00Z 2009-08-27T00:00:00Z

The City failed to properly take into account the Appellant's higher civil service test score and failed to consider objective measures regarding the candidates. Appeal allowed and promotional appointment vacated.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/ung_darrith_082009.pdf 2009-08-27T00:00:00Z 2009-08-27T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/horan_william_082009.pdf 2009-08-27T00:00:00Z 2009-08-27T00:00:00Z

The testimony before this Commission established by a preponderance of the credible and reliable evidence in the record that the Appellant lost his temper on the day in question and acted in a provocative and disruptive manner. Suspension upheld / appeal dsimissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/paolilli_joseph_082009.pdf 2009-08-27T00:00:00Z 2009-08-27T00:00:00Z

Appointing Authority failed to substantiate reasons for bypass - poor leadership and poor past performance. Appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/Methuen_Investigation_Order_082009.pdf 2009-08-20T00:00:00Z 2009-08-20T00:00:00Z

The process used to review and select reserve police officers in 2008 / 2009 violated civil service law and rules. Various orders entered by Commission as a result of investigation.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/craven_shane_081309.pdf 2009-08-19T00:00:00Z 2009-08-19T00:00:00Z

Department of Correction had reasonable justification to bypass the Appellant for the position of correction officer as he failed to meet required medical standards.

http://www.mass.gov/Eoaf/docs/csc/decisions/classification/dempster_sharon_081309.pdf 2009-08-19T00:00:00Z 2009-08-19T00:00:00Z

Appellan'ts classification appeal dismissed as she was unable to show that she peformed a majority of the duties of a Program Coordinator III more than 50% of the time.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/napoli_daniel_081309.pdf 2009-08-19T00:00:00Z 2009-08-19T00:00:00Z

Appellant's request for relief denied as he could not show that he failed to appaer for required Physical Abilities Test through no fault of his own.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/brouillard_jason_superior_080609.pdf 2009-08-17T00:00:00Z 2009-08-17T00:00:00Z

Commission decision vacated. Appeals court ruled that the Commission lacked jurisdiction to hear appeal because the Appellant was a probationary employee at the time he filed his appeal with the Commission.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/hester_lawrence_superior_080609.pdf 2009-08-13T00:00:00Z 2009-08-13T00:00:00Z

Superior Court affirmed Commission decision. The Commission is not obligated to grant permanency to a provisional employee solely because there have been no civil service examinations administered for the position in question for many years.

http://www.mass.gov/Eoaf/docs/csc/decisions/layoff/stpierre_michael_080509.pdf 2009-08-11T00:00:00Z 2009-08-11T00:00:00Z

The Appointing Authority used basic merit principles when selecting an individual for layoff when one or more persons had the same seniority date.

http://www.mass.gov/Eoaf/docs/csc/decisions/layoff/ponte_christian_etal_080509.pdf 2009-08-11T00:00:00Z 2009-08-11T00:00:00Z

City correctly interpreted Section 33 when determining the civil service seniority of firefighters as part of a layoff process.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/budka_lance_superior_062609.pdf 2009-08-06T00:00:00Z 2009-08-06T00:00:00Z

Superior Court affirmed Commission's decision which upheld DOC's decision to bypass the Appellant for promotion. The Court ruled that the Commission was well supported in finding that the plaintiff ahd not proven that the bypass was invalid.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/langill_david_superior_062909.pdf 2009-08-06T00:00:00Z 2009-08-06T00:00:00Z

Superior Court affirmed Commission decision which upheld the Town's decision to bypass the Appellant for appointment as a police officer.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/bell_sean_superior_072409.pdf 2009-08-05T00:00:00Z 2009-08-05T00:00:00Z

A majority of the Commission had allowed the Appellant's bypass appeal. The Superior Court ruled that the Commission had erroneously subsituted its judgment for that of the Appointing Authority and vacated the Commission's decision.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/macmillan_timothy_superior_072109_01.pdf 2009-08-05T00:00:00Z 2009-08-05T00:00:00Z

Commission upheld Town's decision to bypass candidate for original appointment. Superior Court affirmed decision of the Commission.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/gonsalves_carl_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

DOC had reasonable justification for terminating the Appellant for several rule violations including his failure to disclose his close relationship with an inmate and bringing contraband into the facility. Disciplinary appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/genduso_anthony_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

The City was justified in bypassing the Appellant for appointment as a police officer due to his repeated occasions of violent, uncontrolled behavior, his disregard for the law, immaturity, irresponsibility and poor judgment. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/scanlon_pamela_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

DOC has not shown by a preponderance of the evidence that it was justified in suspending the Appellant for 5 days for insubordination. Disciplinary appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/conroy_jeffrey_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

The City of failed to sufficiently support the claim that Appellant withheld information pertaining to his prior employment and his poor driving record was too stale to justify his bypass. Bypass appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/davis_ryan_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

There was insufficient evidence to show that the Appellant violated any rules or regulations of the Salem Police Department, the basis for the 5-day suspension. Disciplinary appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/mazzola_michael_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

The City did establish by substantial and credible evidence that the Appellant has a poor driving history and lied or made a serious error of judgment on his employment application, thus justifying his bypass. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/carmody_mcdonald_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

Appeals dismissed without prejudice as an arbitrator has already addressed the issue of whether the City was justified in bypassing the Appellants. Appellant’s may initiate new bypass appeals if they are bypassed after the new selection processed which was ordered by the arbitrator.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/hobart_mark_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

DOC failed to prove that the Appellant’s posting on a website violated the rules and regulations regarding workplace violence, although the posting was inappropriate and insensitive. Appeal allowed in part; 60-day suspension reduced to 5 days if the Appellant has not engaged in any misconduct over a 2-year period.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/williamson_alfreda_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

Appellant voluntary quit her job and then filed an untimely appeal with the Commission. For both reasons, the Appellant’s appeal was dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/alves_john_072309.pdf 2009-07-28T00:00:00Z 2009-07-28T00:00:00Z

The Appellant’s inability to successfully completer a prior police academy training program provided the city with reasonable justification to bypass him for original appointment as a police officer. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/methuen_investigation_070909_2.pdf 2009-07-16T00:00:00Z 2009-07-16T00:00:00Z

On its own initiative, the Commission opened an investigation into the hiring of reserve police officers in the Fall of 2008.

http://www.mass.gov/Eoaf/docs/csc/decisions/classification/johnson_donna_070909.pdf 2009-07-16T00:00:00Z 2009-07-16T00:00:00Z

Appellant failed to show that she performed a majority of the duties of an Accountant I or Accountant II more than 50% of the time. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/bayyat_fawzi_070909.pdf 2009-07-16T00:00:00Z 2009-07-16T00:00:00Z

The Commission has no jurisdiction to hear a termination appeal from a provisional employee. Further, even if the Appellant were not a provisional employee, he had not served his 6-month probationary period. Appeal Dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/matthews_antone_070909.pdf 2009-07-16T00:00:00Z 2009-07-16T00:00:00Z

The Appellant's criminal history and poor driving record provided the City of Boston with reasonable justification for bypasing him for appointment. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/leary_kristin_070209.pdf 2009-07-07T00:00:00Z 2009-07-07T00:00:00Z

The Town had reasonable justification to discipline the Appellant for failing to comly with a lawful order of a superior officer. A modification of the penalty is warranted because part of the discipline was related to the Appellant's "defiance" during a union-management discussion. Appeal allowed in part.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/krasinskas_richard_070209.pdf 2009-07-07T00:00:00Z 2009-07-07T00:00:00Z

The city established a legitimate concern about the Appellant's use of sick leave and his driving history justifiying his bypass for appointment as a police officer. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/pearson_carl_070209.pdf 2009-07-07T00:00:00Z 2009-07-07T00:00:00Z

The Appellant appealed his termination to the Commission which has no jurisdication to hear the appeal as the Appellant is not a tenured civil service employee. Rather, he was a provisional employee. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/correia_christopher_070209.pdf 2009-07-07T00:00:00Z 2009-07-07T00:00:00Z

The Appellant's lengthy record of absenteeism and a no-call, no-show justified his termination. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/connolly_mark_070209.pdf 2009-07-07T00:00:00Z 2009-07-07T00:00:00Z

The appointment process was tainted with bias and/or favoritism. Bypass appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/weston_matthew_070209.pdf 2009-07-07T00:00:00Z 2009-07-07T00:00:00Z

The Appellant's failure to appear for a Physical Abilities Test, which was a part of the civil service exam for the position of firefighter, was not through no fault of his own and his is not entitled to relief. Appeal Dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/hodge_david_070209.pdf 2009-07-07T00:00:00Z 2009-07-07T00:00:00Z

Appointing Authority was justified in suspending the Appellant for 5-days after he ignored repeated warning regarding a pattern of calling in sick on nights and weekends. Appeal Dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/classification/kurker_christine_062509.pdf 2009-07-01T00:00:00Z 2009-07-01T00:00:00Z

The classification that best fits the Appellant's duties and responsibilities is that of PC II and the Appellant has shown that she performs those duties more than 50% of the time on a regular basis throughout the year. Appeal allowed in part.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/schiavone_joseph_superior_061909.pdf 2009-06-29T00:00:00Z 2009-06-29T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/rossi_cully_superior.pdf 2009-06-11T00:00:00Z 2009-06-11T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/gagne_david_060409.pdf 2009-06-09T00:00:00Z 2009-06-09T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/bulger_christopher_052009.pdf 2009-06-02T00:00:00Z 2009-06-02T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/oloughlin_kevin_052809.pdf 2009-06-02T00:00:00Z 2009-06-02T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/hightower_stacey_051409.pdf 2009-05-20T00:00:00Z 2009-05-20T00:00:00Z

1-day suspension upheld regarding an incident which resulted in a citizen filing a complaint.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/safford_scott_051409.pdf 2009-05-20T00:00:00Z 2009-05-20T00:00:00Z

1-day suspension upheld for improperly accessing a citizen's criminal record history.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/bailey_frederick_051409.pdf 2009-05-20T00:00:00Z 2009-05-20T00:00:00Z

2-day suspension for improperly disseminating a citizen's criminal history information.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/coutts_kelley_050709.pdf 2009-05-12T00:00:00Z 2009-05-12T00:00:00Z

Considering the fact that the BPD's psychiatrists found no reliable historical evidence or any objective reason to conclude that Ms. Coutts could not successfully perform the duties of an armed police officer and also found no disqualifying mental impairment in October 2006 and that the Appointing Authority has put forth no evidence to establish any change in the Appellant’s psychological makeup during the 4 months between examinations, it is clear that the Appointing Authority has failed to establish sound and sufficient reasons for this bypass. Bypass appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/arvanitis_andrew_appeals.pdf 2009-05-12T00:00:00Z 2009-05-12T00:00:00Z

Appeals Court Affirmed Judgment of Superior Court upholding Commission's decision that it does not have jurisdiction over challenges to reallocation of positions resulting from collective bargaining.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/obrien_timothy_042909.pdf 2009-05-05T00:00:00Z 2009-05-05T00:00:00Z

The City had reasonable justification for bypassing the Appellant for appointment as a firefighter / paramedic as it is undisputed that a local hospital twice prohibited the Appellant from transporting patients to their facility because of his interactions with female employees and that his immature practical joke while employed with another ambulance company resulted in another female employee filing a complaint. In comparison, the City had no such concerns with the selected candidate. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/pease_caroline_042909.pdf 2009-05-05T00:00:00Z 2009-05-05T00:00:00Z

Under Section 15, only a "civil service employee" with permanency may be provisionally promoted, and once such employee is so promoted, she may be further provisionally promoted for "sound and sufficient reasons" to another higher title for which she may subsequently be qualified, only if there are no qualified permanent civil service employees in the next lower title.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/garfunkel_max_042909.pdf 2009-05-05T00:00:00Z 2009-05-05T00:00:00Z

Under Section 15, only a "civil service employee" with permanency may be provisionally promoted, and once such employee is so promoted, she may be further provisionally promoted for "sound and sufficient reasons" to another higher title for which she may subsequently be qualified, only if there are no qualified permanent civil service employees in the next lower title .

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/poe_helen_042909.pdf 2009-05-05T00:00:00Z 2009-05-05T00:00:00Z

Under Section 15, only a "civil service employee" with permanency may be provisionally promoted, and once such employee is so promoted, she may be further provisionally promoted for "sound and sufficient reasons" to another higher title for which she may subsequently be qualified, only if there are no qualified permanent civil service employees in the next lower title .

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/medeiros_victor_042909.pdf 2009-05-05T00:00:00Z 2009-05-05T00:00:00Z

Absent a clear judicial directive to the contrary, the Commission will not abrogate its recent decisions that allow appointing authorities sound discretion to post a vacancy as either a promotional or original provisional appointment, unless the evidence suggests that an appointing authority is using the Section 12 provisional "appointment" process as a subterfuge for selection of a specific candidate who would not be eligible for provisional “promotion” over other equally qualified choices.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/frederick_roy_superior.pdf 2009-04-28T00:00:00Z 2009-04-28T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/almeida_paul_041609.pdf 2009-04-23T00:00:00Z 2009-04-23T00:00:00Z

Under Section 39, a permanent civil service employee may bump beyond the next lower title in the series under certain circumstances in lieu of being laid off.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/dapkas_william_superior.pdf 2009-04-23T00:00:00Z 2009-04-23T00:00:00Z

Superior Court upheld Commission's decision in which it determined there was reasonable justification for terminating the Appellant for falsifying workers comp forms and being untruthful.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/banding_superior.pdf 2009-04-23T00:00:00Z 2009-04-23T00:00:00Z

Superior Court enjoined HRD from "banding" scores related to police promotional examinations.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/thornton_barry_040909.pdf 2009-04-15T00:00:00Z 2009-04-15T00:00:00Z

The Town was justified in disciplining the Fire Lieutenant for failing to have patient sign a transport refusal form in an attempt to prevent the citizen from having to pay an ambulance-related fee. Commission modified 4-day suspension to 2-day suspension because Town erroneously considered another disciplinary matter that is currently under appeal when making its decision.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/moriarty_daniel_040909.pdf 2009-04-15T00:00:00Z 2009-04-15T00:00:00Z

There is nothing in the record that supports the result of the psychological whch concluded that the Appellant has difficulty managing the stresses inherent in police work and would have problems exercising good judgment when under pressure.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/lee_garey_040909.pdf 2009-04-15T00:00:00Z 2009-04-15T00:00:00Z

There was no unrebutted, credible and reliable evidence in Appellant's history to corroborate the BPD's conclusion that he was unqualified, by virtue of bad character or criminal behavior, to be a Boston Police Officer. Bypass appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/layoff/estrella_james_040909.pdf 2009-04-15T00:00:00Z 2009-04-15T00:00:00Z

Section 33 of chapter 31 states that when the Appellant has been absent from a position for more than six months and returns, his length of service will be computed using the date of original hire only after he has had a period of continuous service for either three years or twice the length of his absence, whichever period is longer. If he has not met the continuous service requirement, his length of service will be computed using the date that he returned to the payroll following his absence.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/skwiraetal_040209.pdf 2009-04-09T00:00:00Z 2009-04-09T00:00:00Z

The City Holyoke was justified in issuing a 15-day suspension against three police officers who failed to promptly report an off-duty incident that involved a use of force against a bar patron. Appeals dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/davis_tiffany_040209.pdf 2009-04-09T00:00:00Z 2009-04-09T00:00:00Z

The Department of Correction had reasonable justification for terminating the Appellant for maintaining a romantic relationship with a former inmate in violation of DOC Rules and Regulations. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/olufemi_debra2_040209.pdf 2009-04-09T00:00:00Z 2009-04-09T00:00:00Z

The Department of Revenue had reasonable justification for bypassing a candidate for a provisional promotion due to her poor performance evaluations which she had not disputed. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/smyth_gary_040209.pdf 2009-04-09T00:00:00Z 2009-04-09T00:00:00Z

No bypass occurred because there was no promotional appointment of a Fire Chief. Rather, the lower-ranked candidate withdrew his name for consideration after learning of the offered salary, thus creating a "short list" from which the City was not required to promote from. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/pano_joseph_040209.pdf 2009-04-09T00:00:00Z 2009-04-09T00:00:00Z

The Appellant's repeated unauthorized absences and insubordination had a significant and material impact on the BHA's legal duties (statutory and contractual) to provide its tenants with clean and safe buildings and sites and provided reasonable justification for terminating the Appellant as a laborer. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/smith_tyrone_superior.pdf 2009-04-09T00:00:00Z 2009-04-09T00:00:00Z

Superior Court upheld the Commission's decision in which it determined that the Boston Police Department had reasonable justification for suspending the Appellant for ten days for off-duty conduct while visiting a county correctional facility.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/bousquet_david_031909.pdf 2009-03-25T00:00:00Z 2009-03-25T00:00:00Z

The Town had reasonable justification to bypass the Appellant because his full-time employment as Police Chief for Becker College creates a continuing conflict of interest situation that does not exist with any of the other appointees. Bypass appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/vaughn_kevin_031909.pdf 2009-03-25T00:00:00Z 2009-03-25T00:00:00Z

The Appellant has standing to appeal the provisional promotion of another employee whose civil service permanency and/or prior title is uncertain.

http://www.mass.gov/Eoaf/docs/csc/firearms_protocol_031809.pdf 2009-03-18T00:00:00Z 2009-03-18T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/fresia_mark_031209.pdf 2009-03-17T00:00:00Z 2009-03-17T00:00:00Z

Termination of DPW employee with lengthy disciplinary history upheld after recent incidents involving insubordination and unacceptable workplace behavior.

http://www.mass.gov/Eoaf/docs/csc/decisions/layoff/estrella_james_031209.pdf 2009-03-17T00:00:00Z 2009-03-17T00:00:00Z

The Citiy and HRD correctly calculated the Appellant's civil service seniority date when determining who should be laid off. The Appellant's return to employment as a Police Officer after resigning from the Police Department to accept appointment as a full-time Firefighter in the Fire Department cannot be termed a "transfer" within the meaning of the Civil Service Law.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/learyandothers_superior_031209.pdf 2009-03-17T00:00:00Z 2009-03-17T00:00:00Z

Superior Court affirmed Commission's decision to uphold termination of 1 police officer for off-duty conduct and modify downward the penalty of two other officers involved in the same incident

http://www.mass.gov/Eoaf/docs/csc/decisions/other/Reading_List_2A_031209.pdf 2009-03-13T00:00:00Z 2009-03-13T00:00:00Z

In response to a petition for investigation into the HRD’s creation of the reading list for the police promotional examinations, the Commission found it was not appropriate to conduct an investigation. The Attorney for Appellants was actually seeking to see his own publication be placed on the HRD reading list all the while representing Appellants who may not have been aware of his potential financial interest, thus creating a potential conflict of interest.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/Banding_2B_031209.pdf 2009-03-13T00:00:00Z 2009-03-13T00:00:00Z

Union Appellants did not have standing to appeal as they were not “persons aggrieved” who have suffered “actual harm” to their “employment status” at the time of appeal; and non-union Appellants did not have standing as they were not persons who had been “aggrieved’” by the actions of the Personnel Administrator. Dismissal ordered.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/Banding_2A_031209.pdf 2009-03-13T00:00:00Z 2009-03-13T00:00:00Z

In lieu of the facts and law, conducting further investigation into banding of police promotional scores was not justified. The use of banding is not a violation of the Personnel Administration Rules or civil service law as the methodology by which HRD scores examinations is left to the sound discretion of the Personnel Administrator. Petition dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/galgay_conor_1_030509.pdf 2009-03-10T00:00:00Z 2009-03-10T00:00:00Z

It was Appellant’s own failure to access the requisite website until months after he received the form from HRD which resulted in Appellant failing to appear at a Physical Abilities Test as opposed to any inaction on the part of HRD. Appeal dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/other/flaherty_mccarthy_022609.pdf 2009-03-03T00:00:00Z 2009-03-03T00:00:00Z

Boston Police Department and HRD requested reconsideration of the Commission’s prior decision. The Commission found it overlooked the fact that there were other individuals similar to the Appellants that were not granted the same relief; that given the number of veteran’s names that would have appeared higher than the Appellants on certification, Appellant’s name would not have been high enough to be considered for appointment; and the prior majority decision went beyond the limited issue of determining whether the BPD had sound and sufficient reasons for seeking an extension of the certification. Appellants’ appeals denied and dismissed.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/tosca_jeffrey_022609.pdf 2009-03-03T00:00:00Z 2009-03-03T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/stone_robert_022609.pdf 2009-03-03T00:00:00Z 2009-03-03T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/gaul_anthony_appeals_021909.pdf 2009-03-03T00:00:00Z 2009-03-03T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/other/flaherty_james_022609.pdf 2009-03-03T00:00:00Z 2009-03-03T00:00:00Z

Appellant sought review of the City of Quincy’s reasons for bypassing him for original/promotional appointment to the labor service position of Full Time Special Heavy Motor Equipment Operator. At the full hearing before the Commission, the City of Quincy failed to appear; however, this alone did warrant a grant of Appellant’s appeal. Full hearing to be re-scheduled forthwith.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/magner_robin_022609.pdf 2009-03-03T00:00:00Z 2009-03-03T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/layoff/whitman_allan_021909.pdf 2009-02-24T00:00:00Z 2009-02-24T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/lapworth_dorian_superior.pdf 2009-02-24T00:00:00Z 2009-02-24T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/other/dalrymple_sexton_021209.pdf 2009-02-18T00:00:00Z 2009-02-18T00:00:00Z

Appellants appealed from the action of the Boston Police Department in filling a lieutenant and captain position through “out of grade” temporary assignments, thereby bypassing the temporary and permanent promotion procedures under G.L. c. 31. Delays to promote were through no fault of the Appellants. Request for retroactive seniority dates granted.

http://www.mass.gov/Eoaf/docs/csc/decisions/classification/lefebvregerardine.pdf 2009-02-10T00:00:00Z 2009-02-10T00:00:00Z

The Appellant does not meet the level distinguishing duties of a Program Coordinator II because she does not perform secondary level supervisory duties as is required for this position. However, the majority of her duties as Administrative Assistant II are very similar to other Program Coordinators at the EEC. Therefore, the Appellant is to be reclassified to Program Coordinator I. Appealed allowed in part.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/lusignanetal2.pdf 2009-02-10T00:00:00Z 2009-02-10T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/sullivankevin.pdf 2009-02-10T00:00:00Z 2009-02-10T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/other/mandracchiadaniel.pdf 2009-02-10T00:00:00Z 2009-02-10T00:00:00Z

Issue of voluntary reinstatement when there is an active eligibility list.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/orr_raymond_012909.pdf 2009-02-05T00:00:00Z 2009-02-05T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/mcmaster_robert_012909.pdf 2009-02-05T00:00:00Z 2009-02-05T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/boutin_jessica_012909.pdf 2009-02-05T00:00:00Z 2009-02-05T00:00:00Z

The psychiatric opinions are infected with bias. Bypass appeal allowed.

http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/gallagher_michael_012909.pdf 2009-02-05T00:00:00Z 2009-02-05T00:00:00Z

http://www.mass.gov/Eoaf/docs/csc/decisions/other/flaherty_mccarthy_012909.pdf 2009-02-05T00:00:00Z 2009-02-05T00:00:00Z

The Boston Police Department and HRD violated G.L. c. 31 when they skipped over and refused to process Appellants’ names on a certification where both Appellants signed indicating their willingness to be hired off such certification and where neither Appellant had been contacted, processed, removed or bypassed off such certification. Appeals allowed and 310 relief granted ordering the Boston Police Department and HRD to immediately process the Appellants’ certification for the position of police officer.

http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/cokely_paul_012209.pdf 2009-02-04T00:00:00Z 2009-02-04T00:00:00Z

The Appellant was terminated for allegedly making death threats. Appeal allowed.