- Edson, Matthew v. Town of Reading (2005 Appeal) 8/21/08 (Vacated by Superior Court on 9/18/09) file size 1MB
The Commission found the reasons for the Appellant’s bypass insufficient, because the Appellant was at least as equal in experience and qualifications as the applicant appointed instead of the Appellant. Further, the Appointing Authority failed to persuade the Commission that there was a reliable interview and evaluation process that was not based entirely on the prerogative of the Town Manager. Bypass appeal allowed.
- Edson, Matthew v. Town of Reading (2007 Appeal) 8/7/08 (Affirmed by Superior Court on 9/18/09)
The majority vote of the Commission concluded that there was no bypass upon which the Appellant could file an Appeal because the Appellant and the appointed individual each had the same score on the civil service exam. When two applicants are tied on the exam and the Appointing Authority selects one, the other was not bypassed. The minority opinion dissented, arguing that the Appellant was in fact bypassed because the appointed individual was lower on the certification list, although he received the same score on the civil service exam as the Appellant. Bypass appeal dismissed.
- Edson, Matthew v. Town of Reading - Related Appeals Court Decision 11/4/10
- Edson, Matthew v. Town of Reading - Related Superior Court Decision 9/18/09
- Eldridge et al v. City of Lynn 6/14/07
The 5 Appellants filed bypass appeals challenging the City of Lynn’s provisional appointment of General Foreman. Three Appellants’ appeals were dismissed. The remaining two Appellants’ appeals would proceed to a hearing before the Commission because they were in permanent civil service positions and therefore qualified for the position of General Foreman at the time of the position was provisionally appointed to another individual. The Commission limited the remaining Appellants’ appeals to the facts regarding the provisional promotion of that person and not the provisional promotion of an individual who also held permanency in the next lower title and whose seniority date is greater than either Appellant.
- Elwell, Blouin, Perry v. City of Lynn 12/1/11 file size 1MB
- English, Kristen v. Department of Correction 10/1/09
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.
- Eramo, Steven v. City of Haverhill 3/15/07
So long as there is reasonable justification for a bypass, the Appointing Authority has the discretion to select the best candidates for appointments. In this case, the Commission was persuaded by credible witnesses for the Appointing Authority and the evidence indicting the Appellant had a poor work evaluation and disciplinary record, as well several instances of poor judgment and tardiness in submitting required reports. Bypass appeal dismissed.
- Erickson, Craig v. Town of Oxford 3/13/08
The Commission adopted the findings of fact and recommended decision of the Administrative Law Magistrate. The Appointing Authority met the burden of proving reasonable justification for the bypass of the Appellant for original appointment as a Boxford Police Officer. The Appellant failed to attend a training session and provided a false reason for his failure to attend. Bypass appeal dismissed.
- Escobar, Richard v. Boston Police Department 4/10/08
The Appellant submitted an untruthful application when he applied to the Winthrop Police Department regarding his place of residence, and the Boston Police Department considered that incident coupled with the discipline the Winthrop Police Department reasons to justify a bypass of the Appellant. In the absence of improper motivations, the Appointing Authority demonstrated reasonable justification to bypass the Appellant. Bypass appeal dismissed.
- Etienne, Kenny v. City of Chelsea 10/31/13
- Fairbanks, Richard v. Town of Oxford 2/2/17
- Falco, Christopher v. City of Quincy 10/11/07
The Appellant filed a bypass appeal claiming he was bypassed for promotional appointment for the position of Special Heavy Motor Equipment Operator for the City of Quincy’s Department of Public Works. The Appellant did not rebut the Appointing Authorities arguments for Summary Judgment, which were that the Appellant was not a permanent civil service employee, the appeal was untimely, and there was not a bypass because the appointed individual had more seniority than the Appellant. Bypass appeal dismissed.
- Fay, Peter v. Boston Police Department 7/17/08
HRD properly accepted the Appointing Authorities stated reasons for bypassing the Appellant. The bypass was a valid exercise of the Appointing Authorities discretion in hiring based on an incident involving the Appellant which demonstrated poor judgment only 7 months previous to his application. Bypass appeal dismissed.
- Felder, Jeffrey v. City of Boston 7/21/16 (2014 Appeal)
- Felder, Jeffrey v. City of Boston 7/21/16 (2016 Appeal)
- Feliciano, Javier v. Springfield Police Department 3/30/17
- Feliciano, Luis v. Springfield Police Department 9/20/12
- Felix, Nicholas v. City of Pittsfield - Related Superior Court Decision 6/23/15
- Felix, Nicholas v. City of Pittsfield 5/29/14
- Fennelly, Thomas v. Saugus Police Department 6/12/14
- Fernandes, Maria v. Department of Revenue 2/20/14
- Ferrara, Anthony v. Department of Correction 8/23/12
- Ferraro, James v. City of Worcester 6/22/17
- Finklea, Keon v. Boston Police Department 3/2/17
- Finn, Sean v. Boston Police Department - Related Superior Court Decision 12/16/08
- Finn, Sean v. Boston Police Department 8/23/07
- Fitzgibbon, Daniel v. Boston Police Department - Related Superior Court Decision 3/21/13
- Fitzgibbon, Daniel v. Boston Police Department - Related Superior Court Order 4/29/10
- Fitzgibbon, Daniel v. Boston Police Department 2/4/10 file size 2MB
- Flaherty, James v. City of Quincy 9/17/09
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.
- Flood, Timothy v. Town of Wayland 4/19/12
- Flood, Timothy v. Town of Wayland Procedural Order 12/14/10
- Fopiano, Jason v. City of Cambridge 6/26/14
- Foster, Thomas v. Department of Transitional Assistance - Related Superior Court Decision 1/27/14
- Foster, Thomas v. Department of Transitional Assistance 9/23/10
DTA has shown that the Appellant was not qualified for the supervisory position of BERS C. Provisonal promotion bypass appeal dismissed.
- Foster, Thomas v. DMA 3/22/07
- Franklin, Larry v. City of Leominster 12/30/10
The Appellant's background check, including a poor driving record, provided the City with reasonable justification to bypass the Appellant. Appeal dismissed.
- Fraumeni, Matthew v. City of Cambridge 9/19/13 file size 2MB
- French, Danell v. Town of Plainville 5/28/15
- Frost, Scott v. Danvers Police Department 9/10/09
The Appointing Authority showed reasonable justification for bypassing the Appellant as the selected candidate was the most well qualified. Bypass appeal dismissed.
- Gagnon, Henry v. City of Springfield 2/18/10 file size 1MB
The Appellant's prior disciplinary record, his unwillingness to accept responsibility for it and the positive reasons of the selected candidate, provided reasonable justification for bypassing the Appellant. Bypass appeal dismissed.
- Gagnon, Justin v. Boston Fire Department 4/2/15
- Gailliard, Michael v. Massachusetts Parole Board - Related Superior Court Decision 1/11/11
- Gailliard, Michael v. Massachusetts Parole Board 9/24/09 (Affirmed by Superior Court on 1/11/11)
The Appointing Authority had reasonable justification for bypassing the Appellant for appointment as a Field Parole Officer A/B.
- Gaitor, Jamaine v. Boston Police Department 6/8/17
- Gale, Craig v. City of Worcester 9/29/16
- Gale, Jonathan v. Department of Revenue 9/23/10
DOR has shown that the Appellant was not qualified for the position of Tax Examiner III. Provisional promotion appeal dismissed.
- Gallagher, Michael v. City of Leominster 1/29/09
- Gallo, Frank v. City of Lynn 6/17/10 file size 2MB
The Appellant's untruthfulness regarding a prior disciplinary matter provided the Police Chief with reasonable justification to bypass the Appellant for promotion to sergeant. Bypass appeal dismissed.
- Gannon, Michael v. Boston Police Department - Related Superior Court Decision 3/13/17
- Gannon, Michael v. Boston Police Department 10/29/15
- Garcia, Luis v. City of New Bedford 10/17/13 file size 1MB
- Garfunkel, Max v. Department of Revenue - Related Superior Court Decision 5/2/12
- Garfunkel, Max v. Department of Revenue 3/10/11
By a preponderance of the evidence, DOR showed that the Appellant was not qualified for the provisional promotion in question. Appeal dismissed.
- Garfunkel, Max v. Department of Revenue 4/29/09
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 .
- Garvey, Jeff v. City of Woburn 7/26/12
- Gateau, Keny v. Boston Police Department 2/2/17
- Gaul, Anthony v. City of Quincy Appeals Court Decision 2/19/09
- Geary, Michael v. Town of Foxborough 7/10/14
- Geary, Walter v. Salem Police Department 12/14/06
- Gendrolis, Andrea v. Boston Police Department 12/1/11
- Genduso, Anthony v. City of Worcester 7/23/09
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.
- George, Glenn v. City of Lynn 11/20/08
- Gerbutavich, Gregg v. Boston Police Department 3/1/07
- Gibbons, Joseph v. City of Woburn 9/18/08
- Gilbody, Mark v. City of Quincy 5/29/14
- Gilbody, Mark v. City of Quincy 5/29/14
- Girourard et al v. City of Worcester 11/29/07
- Glazer, Martin v. Department of Revenue 1/25/07
- Gleba, Michael v. Department of Correction 6/13/13
- Goff, Robert v. Fall River Police Department 5/30/13
- Gonzalez, Benny v. City of New Bedford 3/13/08
- Gonzalez, Philip v. Department of Correction 8/25/11
DOC did not show, by a preponderance of the evidence, that it had reasonable justification to bypass the Appellant for the position of Correction Officer I. Bypass appeal allowed.
- Gore, Reginald v. Department of Correction 10/30/14
- Gould, Christopher v. City of Worcester 10/26/06
- Gould, Daniel v. Boston Fire Department - Related Superior Court Decision 4/25/13
- Gould, Daniel v. Boston Fire Department 4/19/12
- Gould, Daniel v. City of Boston 6/12/14
- Grace, Lord v. City of Newton 1/25/07
- Grajales, Shawn v. City of Attleboro & HRD 2/5/15
- Green, Timothy v. City of Brockton 1/8/15
- Guerin, Ronald v. City of New Bedford 9/18/08
- Hasomeris, John v. City of Brockton 10/30/14
- Jenkins, Shawn v. City of Brockton 6/26/14