Edson, Matthew v. Town of Reading (2005 Appeal) 8/21/08 (Vacated by Superior Court on 9/18/09) file size 1MBThe 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Fitzgibbon, Daniel v. Boston Police Department 2/4/10 file size 2MB
- 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.
- DTA has shown that the Appellant was not qualified for the supervisory position of BERS C. Provisonal promotion bypass appeal dismissed.
- 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
- 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 Appointing Authority had reasonable justification for bypassing the Appellant for appointment as a Field Parole Officer A/B.
- DOR has shown that the Appellant was not qualified for the position of Tax Examiner III. Provisional promotion appeal dismissed.
Gallo, Frank v. City of Lynn 6/17/10 file size 2MBThe 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.
Garcia, Luis v. City of New Bedford 10/17/13 file size 1MB
- 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 .
- By a preponderance of the evidence, DOR showed that the Appellant was not qualified for the provisional promotion in question. Appeal dismissed.
- 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.
- 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.
- The position of Assistant Cook Manager should be treated as a labor service title position as opposed to an official service position. Accordingly, the Fall River School Committee was fully justified to bypass Appellant for an individual that has a more senior labor service registration and seniority date. Appeal dismissed.
Harry, Keison v. Boston Police Department 1/27/11 file size 2MBBased on the results of a pyschological evaluation, the BPD had reasonable justification to bypass the Appellant for the position of police officer. Bypass appeal dismissed.
Heath, Colleen v. Massachusetts Parole Board 9/11/08 file size 1MB
- The interview panel used by DTA was biased and did not fairly evaluate whether the Appellant was qualified for the "provisional promotion". Appeal allowed; Appellant to receive at least one additional consideration for the postiion.
Jean-Philipe, Marc-Arthur v. Boston Police Dept. 10/6/11 file size 1MB
Johnson, George v. City of Cambridge 10/22/09 file size 1MBBy 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.
Josephs, Paula v. Boston Police Department 6/16/11 file size 1MB
Kavaleski, Jill v. Boston Police Department 10/22/09 (Overturned by Superior Court on 9/9/10) file size 3MBBy a 3-2 vote, the Commission ruled that the psychological screening process used was arbitrary and capricious. Bypass appeal allowed.
- Appeal not timely. Dismissed.
- The City had reasonable justification for bypassing the Appellant for promotion to the position for sergeant based on the positive attributes of the selected candidate and the disciplinary record of the Appellant.
Khalife, Antoine v. Town of Dartmouth 9/25/08 file size 1MB
Konamah, Kwame v. City of Lowell 3/8/12 file size 1MB
The Appellant's failure to disclose certain information on his employment application constituted reasonable justification to bypass him for appointment as a police officer. Bypass appeal dismissed.
- 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.
- The selection process was tainted by personal and political bias. Appellant's appeal allowed.
- Superior Court affirmed Commission decision which upheld the Town's decision to bypass the Appellant for appointment as a police officer.
LaPointe, Ross v. Department of Correction 2/6/14 file size 1MB
Lazazzero, Steven v. City of Marlborough 1/9/14 file size 1MB
- 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.
- 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.
- Since the time of the Commission's order granting her relief, the Appellant enrolled and then withdrew from the Boston Police Academy. Her appeal is now moot and is dismissed.
Lynch, Matthew v. Town of Bridgewater 3/7/13 file size 1MB