- The Appellant's poor driving record provided the City with reasonable justification to bypass him for appointment as a police officer. Bypass appeal dismissed.
Failure of eye examination was reasonable justification to bypass the Appellant. Bypass appeal dismissed.
Trainor, David v. Salem Police Department 3/20/14 file size 1MB
- The promotional process was tainted by the appearance of a conflict of interest and the reasons offered for bypass were not supported by the evidence. Promotional appointment vacated; new selection process ordered.
- The Appellant has standing to appeal the provisional promotion of another employee whose civil service permanency and/or prior title is uncertain.
- The Appellant's poor interview performance provided the City with reasonable justification to bypass him for promotional appointment to police lieutenant. Appeal dismissed.
Walker, Brian v. Boston Police Department 10/29/09 (Vacated by Superior Court on 11/29/10) file size 2MBBy 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.
Walsh, Robert v. Boston Fire Department 7/12/12 file size 1MB
Wilcinski, Stephen v. Belmont Fire Department 8/20/09 - Vacated by Superior Court on 8/5/10 file size 1MBThe 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.
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