- Acosta, Julio v. Department of Correction 10/21/10
The Appellant's involvement in a domestic violence-related incident provided DOC with reasonable justification to byass the Appellant as a correction officer. Bypass appeal dismissed.
- Alband, Lisa v. Department of Correction 2/10/11
The Appellant's background check revealed information that provided DOC with reasonable justification to bypass her for appointment as a correction officer. Bypass appeal dismissed.
- Albert, Douglas and 5 Others v. Leominster School Department 3/10/11
Issue of whether the Appointing Authority complied with the civil service law regarding provisional appointments and promotions. 1 Appeal withdrawn, 2 dismissed for lack of jurisdiction and 3 set for full hearing regarding whether the posting was a provisional promotion or appointment and, if promotion, whether the 3 Appellants were "qualified" for the higher position senior custodian.
- Alden, Paul v. Town of Plymouth 11/12/15
- Alfred, Ulrich v. Boston Police Department 4/26/07
The Department's decision to bypass the Appellant was a valid exercise of discretion based on a policy to not hire persons with a history and pattern of perpetrating domestic violence and was well supported by a preponderance of the evidence. Bypass appeal dismissed.
- Allen, Anthony v. Boston Police Department 1/31/08
The charges brought against the Appellant for Domestic Assault and Battery illustrate unacceptable behavior. Further, the Appellant's employment history was also troubling, thus justifying the decision to bypass him for appointment. Bypass appeal dismissed.
- Allison, Joanne v. City of Cambridge 6/26/14
- Allison, Joanne v. City of Cambridge 6/26/14
- Almeida, Paul v. New Bedford School Committee 12/10/09
Relates to prior bypass appeal in which a 3-2 majority ruled that a civil service employee has the right to bump outside their civil service title. Appellant filed this subsequent appeal claiming he had a right to choose which title he could bump to. Majority ruled that he had no such right; minority abstained as they continue to believe that bumping rights are not allowed outside of civil service title unless articulated in a collective bargaining agreement.
- Almeida, Paul v. New Bedford School Committee 4/16/09
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.
- Almeida, Paul v. New Bedford School Department 10/18/12
- Alves, John v. Boston Police Department 7/23/09
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.
- Amaral, Derek v. Department of Correction 1/7/10
The Appellant's criminal record provided DOC with reasonable justification to bypass him. Appeal dismissed.
- Amiss, Tanzil v. Westfield Fire Department 7/24/14
- Anderson, Leslie v. Department of Correction - Related Superior Court Decision 2/5/10
- Anderson, Leslie v. Department of Correction 11/20/08 (Vacated by Superior Court on 2/5/10)
- Anthony, Mark v. City of Springfield 4/8/10
The superior interview performance and command experience of the selected candidates provided the City with reasonable justification to bypass the Appellant. Bypass appeal dismissed.
- Aponte, Carlos v. Boston Police Department 9/20/07
The Department sustained its burden of proof as its action of bypassing the Appellant was based on a preponderance of the credible evidence. The Appellant failed to offer credible testimony that he did not intend to conceal or misrepresent his marital status. The evidence, particularly the videotaped discretionary hearing, demonstrated that once the Department undertook questioning the Appellant regarding his marital status, he was less and less forthcoming in terms of the information he divulged. Bypass appeal dismissed.
- Araujo, Jose v. Boston Police Department 7/25/13
- Archambault, Rene v. City of Lawrence 4/19/12
- Armano, Karl v. City of Lawrence 12/10/15
- Arroyo, Giovanni v. Boston Fire Department 5/3/12
- Arvanitis, Andrew & another v. Department of Correction - Related Appeals Court Decision 5/6/09
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.
- Asiaf, Joseph v. Department of Conservation and Recreation 1/10/08
When making a provisional appointment, there is no obligation on the part of the Appointing Authority to prove that the person so appointed was the most qualified candidate or better qualified than any other. Bypass appeal dismissed.
- Babineau, David v. Massachusetts Parole Board 10/15/09
- Banks, Joseph v. Lexington Police Department 10/2/14
- Barbosa, Christopher v. New Bedford Police Department 10/27/16
- Bariamis, Timothy v. Town of Tewksbury 1/25/07
In making its bypass decision based on the interview performance by the Appellant, the Town neutrally applied its public policy of fairly and similarly interviewing all candidates. There was no evidence to suggest that the Town's action was arbitrary or capricious. Bypass appeal dismissed.
- Barlow, Paul v. Town of Framingham 8/8/13
- Barnickel, Stefan v. Town of Agawam 6/26/08
The failure by the Appointing Authority to conduct a proper inquiry and investigation into the matters concerning the Appellant's prior employment resulted in an overly vague notice to be issued to the Appellant. Given a more thorough interview and background check process, the Appointing Authority may have been able to support a decision to bypass the Appellant. Bypass appeal allowed.
- Barry, Michael v. Town of Lexington - Related Superior Court Decision 5/27/10
Commission Decision Overturned.
- Barry, Michael v. Town of Lexington 10/9/08 (Reversed by Superior Court on 5/27/10)
In sum, despite Appellant's having the highest civil service examination score, and being the only veteran on the certification list, he was bypassed by a candidate with less seniority and lower performance evaluations. The Town proffered reasons for this bypass decision have been shown to have been based on impermissible biases and a flawed selection process. Bypass appeal allowed.
- Bartolomei, James v. City of Holyoke 2/14/08
There was no bypass regarding the instant action. Rather, the evidence demonstrated that the Appellant and the individual promoted to a sergeant position were tied candidateson the civil service list. Choosing from among tied candidates does not constitute a bypass. Further, there is no evidence of any long-standing tie-breaking administrative procedure of the City of Holyoke and/or that such a long-standing tie-breaking method was not followed based on reasons unrelated to basic merit principles. Bypass appeal dismissed.
- Belanger, David v. Town of Ludlow Police Department 4/26/07
Town submitted positive reasons only for bypass. The reasons proffered by the Town for selecting the third-ranked candidate apply equally to the Appellant, who was ranked second. Bypass appeal allowed.
- Bell, Sean v. Beverly Police Department - Related Superior Court Decision 7/24/09
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.
- Bell, Sean v. Beverly Police Department 8/7/08 (Vacated by Superior Court on 7/24/09)
The City failed to prove that the Appellant illegally accessed voicemails of employees at his former place of employment, the reason given for bypass. Bypass appeal allowed.
- Bell, Sean v. City of Beverly - Related Appeals Court Decision 10/28/10
- Bell, Sean v. City of Beverly - Related Appeals Court Order 6/7/10
- Benevento, Christopher v. Springfield Fire Department 1/8/15
- Benevento, Christopher v. Springfield Fire Department 11/15/12
- Benevento, Christopher v. Springfield Fire Department Procedural Order 3/24/11
- Bergeron, Brian v. City of Revere 12/8/16
- Bergeron, Robert v. Town of Falmouth & HRD 12/8/16
- Bernard, John v. City of Lawrence 1/11/07
There was no bypass in this case. At the time of the promotional appointment for the position of sergeant, the Appointing Authority, as well as the state's Human Resource Division, was under a court order to promote another candidate. Bypass appeal dismissed.
- Berrios, Christian v. Department of Correction 1/10/13 file size 1MB
- Berrios, Crystal v. Boston Police Department 3/3/16
- Berryman, Matthew v. Boston Police Department 9/29/16
- Bertone, Raymond v. Department of Correction 10/16/14
- Bianco, William v. Newton Fire Department 4/5/07
Selection from a group of tied candidates is not a bypass. Bypass appeal dismissed.
- Binnall, Robert v. City of Newton 12/29/11 file size 1MB
- Blais, John v. City of Methuen 1/10/13
- Blasi, Jacquelyn v. Department of Revenue 1/8/15
- Bourgery, Adam v. Department of Correction 2/7/13
- Bousquet, David v. Town of Leicester 3/19/09
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.
- Boutin, Jessica v. Boston Police Department 1/29/09 (Under Appeal)
The psychiatric opinions are infected with bias. Bypass appeal allowed.
- Boyd, Anthony v. New Bedford Police Department 10/13/16
- Breton, Kenneth v. City of New Bedford 3/13/08
Selection from a group of tied candidates is not a bypass, even if the candidate was erroneosuly told by HRD that he could appeal his non-selection. Bypass Appeal Dismissed.
- Brienzo, Raymond v. Town of Acushnet 8/23/07
Labor Service Promotion. The statute allows the Appointing Authority to make promotional selections "from among the same number of persons with the greatest length of service as thenumber specified in making appointments under PAR .09 (2n + 1)." There exists no requirement or provision by which an Appointing Authority must select the most senior of that number of persons. Here, seniority is only employed in order to create the pool ofcandidates from among whom selection may be made. The Appointing Authority is not required to provide written reasons for a selection. Rather, the Town, in this instance, needed only to have reported the promotional appointment to the Personel Administrator or local laborservice director, certifying that the promotion was made in accordance with the Civil Service laws and PARs.Bypass appeal dismissed.
- Brigham, Paul v. Town of Scituate 2/21/13
- Brightman, Milton v. Department of Conservation and Recreation 4/24/08
The veterans' preference in provisional civil service appointments is limited to original appointments and does not extend to provisional promotions. Bypass appeal dismissed.
- Brimley, Latarsha v. Boston Police Department 5/10/07
The Appellant's background, including an arrest record, an altercation involving a Boston police officer and her termination from recent employment, provided the City of Boston with reasonable justification for bypassing her for employment as a police officer. Bypass appeal dismissed.
- Brown, Thomas v. Town of Duxbury 11/30/06
The Appellant's poor interview by an outside review panel justified the Town's decision to bypass him from promotion, even though the Appellant had scored higher on the civil service promotional examination. Bypass appeal dismissed.
- Bruno, Daniel v. Town of East Longmeadow 2/9/12
- Buckley, Jr., John v. Boston Police Department 6/13/13 file size 1MB
- Budka, Lance v. Department of Correction - Related Superior Court Decision 6/26/09
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.
- Budka, Lance v. Department of Correction 9/4/08 (Affirmed by Superior Court on 6/26/09)
The Department of Correction was justified in bypassing the Appellant for promotion to lieutenant based on his prior disciplinary history. Bypass appeal dismissed.
- Bulger, Christopher v. City of Quincy 5/1/08
The Commission rejected the settlement agreement of the parties regarding the City's decision to bypass the Appellant for original appointment to the position of police officer. Case scheduled for a full hearing.
- Bulger, Christopher v. City of Quincy 5/20/09 file size 1MB
- Burke, Patrick v. City of Cambridge 2/6/14
- Burns, Daniel v. Department of Revenue 4/14/16
- Burns, Scott v. City of Holyoke 4/8/10
The Appellant's prior employment history, disciplinary record and ommissions on his application for employment provided the City with reasonable justification to bypass the Appellant. Bypass appeal dismissed.
- Burns, Scott v. City of Holyoke 8/23/12
- Burton, Craig v. City of Lynn 11/15/07
Selection from a group of tied candidates is not a bypass. Bypass appeal dismissed.
- Busa, Richard v. Fall River Police Department 10/16/14