- Camacho, Michael v. Mass. Environmental Police 1/8/15
- Campbell, Jamil v. City of Boston 8/27/09
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.
- Campbell, Paul v. Abington Police Department 3/17/16
- Candreva, Ida v. Boston Police Department - Related Superior Court Decision 6/13/11
- Candreva, Ida v. Boston Police Department 1/15/09 - Affirmed by Superior Court on 6/13/11
The Department's assertion that the Appellant was bypassed because she was untruthful by failing to provide the Department with full disclosure regarding her health history and by failing to do so, attempting to mislead and present herself in a more favorable light in order to gain employment was not supported by a preponderance of evidence. Bypass appeal allowed.
- Cardona, Tabitha v. City of Holyoke 8/6/15
- Carlson, Thomas v. Town of Burlington 4/19/12
- Carmody and McDonald v. City of Lynn - Related Superior Court Decision 1/16/09
Superior Court remanded case to Commission after determining that issue currently before arbitrator did not pertain to whether or not the City had reasonable justification to bypass the Appellants.
- Carmody and McDonald v. City of Lynn 7/23/09 file size 1MB
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.
- Carmody and McDonald v. City of Lynn 7/26/07
Bypass appeal dismissed because Appellants had filed for binding arbitration regarding this bypass.
- Caron, James v. City of Haverhill 11/15/12
- Carr, John v. City of Brockton 6/21/07
Mutual agreement. Joint Request for Relief under Chapter 310 of the Acts of 1993. Allowed.
- Carroll, Brian v. Town of Stoneham 11/29/12
- Carroll, Brian v. Town of Stoneham 9/4/14
- Carton, Scott v. Town of Watertown 9/20/12 file size 1MB
- Castro, William v. Department of Correction 9/8/11
- Cavaco, Cedric v. Department of Correction 7/24/14
- Cawley, Kerri v. Boston Police Department - Related Superior Court Decision 7/7/07
Superior Court upheld Commission's decision to allow the Appellant's bypass appeal. Commission had determined that the psychological examination used a basis for bypass was tainted with personal bias.
- Cawley, Kerri v. Boston Police Department 10/22/06
Psychological screening process, which was used to justify bypass, was tainted by personal bias. Bypass appeal allowed.
- Cawley, Stephen v. Boston Police Department 7/24/08
The Department presented substantial evidence, through both oral testimony and corroborating documentation, that on two separate occasions, the Appellant's behavior evidenced a total lack of judgment and inability to supervise. Bypass appeal dismissed.
- Centola, Richard v. Boston Police Department 10/22/06
Since the Appellant did not return from Brazil and move in with his sister's thenfiance until June 2004, he missed qualifying for Boston's Residential Preference by at least 31 days. Without the above-referenced residential preference, the Appellant's namecan not be included on the certification list (on which he was ranked 13th) with other Boston residents. Since all of the candidates selected for the nine (9) appointments in this case were from the list of Boston residents, there was no bypass in this case. Bypass appeal dismissed.
- Charles, Danie v. Boston Retirement Board 9/19/13
- Chaves, David v. Boston Police Department - Related Superior Court Decision 2/29/212 file size 1MB
- Chaves, David v. Boston Police Department - Related Superior Court Order 4/27/11
- Chaves, David v. Boston Police Department 12/2/10 file size 4MB
A 3-2 majority of the Commission concluded that there was not justification to bypass the Appellant based on the psychological evaluation performed by their psychologists. Bypass appeal allowed.
- Chermesino, Robert v. Boston Police Department - Related Appeals Court Decision 10/25/13
- Chermesino, Robert v. Boston Police Department 7/29/10 file size 2MB
BPD did not provide vaild reasons for bypassing the Appellant. Bypass appeal allowed.
- Clark, Kelly v. Boston Police Department 6/27/13
- Clark, Michael v. Barnstable Police Department 12/17/09 (Vacated by Superior Court on 7/22/11) file size 1MB
The Department's positive reasons for selecting the lower-ranked candidate provided reasonable justification for bypassing the Appellant. Bypass appeal dismissed.
- Clark, Michael v. Town of Barnstable - Related Superior Court Decision 7/22/11
- Clifford, Kevin v. DTA 6/16/11
- Collett, Christopher v. Department of Correction - Decision on Motion for Reconsideration 11/6/08
DOC's Motion for Reconsideration denied.
- Collett, Christopher v. Department of Correction 9/18/08 (Under Appeal)
Department of Correction did not establish just cause for bypassing the Appellant for original appointment as a police officer. They relied on an unwritten and overly broad guideline that prohibits indidivuals with "any CORI acitivity" in the past five years from being appointed. Bypass appeal allowed
- Collins, Matthew & 2 Othes v. Town of Billerica 4/2/15
- Colon, David v. Springfield Fire Department 5/29/14
- Colon, Feby v. City of Lowell 8/22/13
- Comfrey, Scott v. Fall River Police Department 6/25/15
- Conklin, Robert v. Department of Correction 7/24/08
The Appellant's appeal was not timely. He was notified of bypass decision on June 30, 2006. The Appellant's appeal was received by the Commission on September 14, 2006, more than 60 days later. The bypass statute limitations adopted by the Commission in 2000 states that a bypass appeal must be received by the Commission within 60 days of the Appellant being notified of the bypass decision. Bypass appeal dismissed.
- Conley, Mark New Bedford Police Department 10/13/16
- Connelly, Thomas v. Boston Police Department 2/21/08
Department was unable to show that the Appellant was untruthful regarding the reasons surrounding his termination from a prior employer, the reason given for bypass. Bypass appeal allowed.
- Conner, Katie v. Department of Correction 10/16/14
- Connolly, Mark v. City of Quincy 7/2/09
The appointment process was tainted with bias and/or favoritism. Bypass appeal allowed.
- Connolly, Sean v. Boston Police Department 12/30/10 file size 2MB
The Boston Police Department had reasonable justification to bypass the Appellant based on the findings of the psychological screening. Bypass appeal dismissed.
- Connors, Michael v. City of Somerville 9/19/13 file size 1MB
- Conroy, Jeffrey v. City of Worcester 7/23/09
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.
- Corcoran, Matthew v. Boston Fire Department 2/5/15
- Corda, Stephen v. City of Waltham 11/1/12 file size 1MB
- Cordeiro, Jeffrey v. Boston Police Department - Related Superior Court Decision 1/31/11
- Cordeiro, Jeffrey v. Boston Police Department 1/15/09 (Vacated by Superior Court on 1/31/11)
Appellant’s appeal was granted. The Appointing Authority bypassed the Appellant based on erroneous information, concluding that the Appellant was terminated from the Department of Correction when in fact he had resigned
- Coren, Patrick v. Boston Police Department 12/30/10 file size 2MB
The Boston Police Department had reasonable justification to bypass the Appellant based on the findings of the psychological screening. Bypass appeal dismissed.
- Corsetti, Marcus v. Boston Police Department 1/9/14
- Cosme, Juan v. City of Somerville 10/2/08
The Appellant, who was at the top of the special certification list for applicants proficient in Spanish, challenged the City of Somerville’s decision to close the certification process and not select any firefighters for original appointment off that list. The Commission granted the City of Somerville’s Motion to Dismiss for failing to state an actionable claim. Because no firefighters were selected off the list, there was not a bypass to appeal.
- Costa, Ryan v. City of Brockton - Related Superior Court Decision 4/4/16
- Costa, Ryan v. City of Brockton 1/22/15
- Costa, Ryan v. City of Brockton 6/13/13
- Cote, Brandon v. City of Methuen 8/6/15
- Cote, Jessica 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.
- Coughlin, Shawn v. Town of Plymouth 12/14/06
The Appellant tied for second place on the most recent certification list. The Appointing Authority selected the other applicant. When the Appointing Authority has two applicants tied on the list and chooses one, no bypass occurred. The Appellant’s bypass appeal was therefore dismissed.
- Coutts, Kelley v. Boston Police Department - Related Superior Court Decision 6/16/10
- Coutts, Kelley v. Boston Police Department 5/7/09 (Affirmed by Superior Court on 6/16/10)
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.
- Couture, Jonathan v. Town of Chelmsford 1/8/15
- Craven, Shane v. Department of Correction 8/13/09
Department of Correction had reasonable justification to bypass the Appellant for the position of correction officer as he failed to meet required medical standards.
- Cremens, David v. City of Somerville 1/24/08
The Appellant’s Motion for Summary Decision was allowed in part, because there was no genuine issue of fact concerning the Appointing Authority’s failure to follow Civil Service law in the manner they promoted a Junior Custodian over 3 Senior Custodians (the Appellants). The Commission rescinded the appointment of that Junior Custodian and erased any seniority time he may have accrued during the erroneous appointment. However, the Commission noted they can not order the Appointing Authority to fill the two available positions, or order specifically that any of the Appellants fill those positions if the Appointing Authority chooses to fill them.
- Cronin, Douglas v. Town of Arlington - Related Superior Court Decision 12/22/09
- Cronin, Douglas v. Town of Arlington 1/8/09 (Vacated by Superior Court on 12/22/09)
The Appellant’s appeal of a bypass for Sergeant in the Arlington Police Department was granted in part. The Appointing Authority failed to substantially demonstrate 2 of the 3 reasons for the bypass and disregarded the considerable disparity in the civil service scores between the Appellant and the other 2 applicants. However, the Appointing Authority established that the Appellant’s rigid “black and white” perspective to enforcing city bylaws and ordinances reasonably concerned the Appointing Authority. The Town of Arlington is ordered to place the Appellant at the top of the list for eligible candidates for sergeant after January 1, 2010, a year after this decision.
- Crosby, Alicia v. Boston Police Department - Related Superior Court Decision 9/27/13
- Crosby, Alicia v. Boston Police Department 6/3/10
The Boston Police Department was justified in bypassing the Appellant after she was deemed psychologically unfit to perform the duties of a Boston police officer by two psychiatrist. Bypass appeal dismissed.
- Crosby, Jennifer v. Boston Police Department 4/26/07
The Appellant’s bypass appeal was dismissed. The City of Boston demonstrated reasonable justification in bypassing the Appellant, due to her prior criminal record.
- Croteau, Scott v. Boston Police Department 4/5/07
The Boston Police Department had the authority to bypass the Appellant based on a one year restraining order filed against the Appellant 11 years previous, in part because of the disturbing concerns raised by the restraining order and because there was no suggestion of improper motivation or bias on the part of the Boston Police Department. The Appellant’s appeal was dismissed.
- Cruceta, Neysa v. Boston Police Department 4/5/12
- Cruz, Jonathan v. City of Lowell 6/28/12
- Cuff, Cherise v. Department of Correction 12/16/10
DOC was justified in bypassing Appellant whose boyfriend, who is the father of her children, is an inmate. Commission concluded that limited relief was warranted, however. Appellant shall be reconsidered by DOC upon the release of her boyfriend as an inmate.
- Curran, William v. Department of Correction 4/4/13
- Cyrus, Peter v. Town of Tewksbury - Related Superior Court Decision 8/30/12 file size 1MB
- Cyrus, Peter v. Town of Tewksbury - Related Superior Court Order 6/7/10
- Cyrus, Peter v. Town of Tewksbury 1/19/10 -- Commission Decision Stayed on 6/7/10 file size 4MB
- D'Amato, Francesco v. Boston Police Department 2/24/11
The Appellant's background investigation provided reasonable justification to bypass her for appointment. Appeal dismissed.
- Daley, Walter v. Town of Wilmington - Related Superior Court Decision 7/8/16 file size 1MB
- Daley, Walter v. Town of Wilmington 9/3/15
- Dalrymple, John v. Department of Revenue 1/8/15
- Dalrymple, Nancy v. Town of Winthrop 10/9/06
The Appellant and the individual promoted were tied on the certification list and the Commission has well-established that choosing from among tied candidates does not constitute a bypass that can be appealed to the Commission. The Appellant’s bypass appeal was dismissed.
- Damas, Vladimer v. Boston Police Department 12/8/16
- Damas, Vladimir v. Boston Police Department 6/26/14
- Dangelo, Kevin v. Natick Fire Department 11/17/11
- DaSilva, Andre v. Department of Correction 5/28/15
- DaVeiga, Nuais v. Boston Police Department 6/13/13
- Daveiga, Nuias v. Boston Police Department - Related Appeals Court Decision 4/6/17
- Daveiga, Nuias v. Boston Police Department - Related Superior Court Decision 3/1/16 file size 1MB
- Daveiga, Nuias v. Boston Police Department 10/2/14
- Davis, Gregory v. Boston Police Department 5/8/08
The Boston Police Department had reasonable justification to bypass the Appellant due to the array of criminal charges levied against him and the several years he has spent on probation. The Appellant’s appeal was dismissed.
- Deane, Christopher v. Boston Public Schools 11/15/07
The Appellant resigned from his position as junior custodian at the Boston Public Schools and one month later sought to be reinstated. When Boston Public Schools declined to reinstate the Appellant to his former position, he filed an appeal with the Civil Service Commission. The Commission did not have jurisdiction, however, because the Appellant was not disciplined or terminated, nor was the Appellant entitled to reinstatement because the Appointing Authority has the discretion to choose not to reinstate him, which they exercised. The Appellant’s appeal was dismissed.
- Dello Russo, Rose v. Boston School Department 6/14/07
The Appellant filed an appeal alleging she was bypassed for originalappointment by the Boston School Department and requesting that the Commission enforce its earlier 1996 decision on the Appellant’s 1991 bypass for a Clerk/Typist position. However, for several reasons the Commission had to dismiss the case. First, the Appellant’s eligibility for certification had expired; second, the Boston School Department was limited to the lists issued by HRD, that twice omitted the Appellant; and third, the Appellant had no vested rights in an original appointment. However, even though the Civil Service Commission adopted a 60 day statute of limitations for bypass appeals in 2000, the Appellant’s present appeal concerns enforcing a bypass decision of the Civil Service Commission before that rule was created so the rule did not apply and preclude the appeal as untimely. Nevertheless, for the other listed reasons the Appellant’s appeal was dismissed.
- Delmonico, Thomas v. City of Quincy 5/3/12
- Depina, Germano v. Boston Police Department 6/2/11
- Desmarais, Douglas v. Department of Correction 12/13/12
- Desousa, Manuela v. Human Resources Division 9/20/12
- Desrochers, Roger v. City of Somerville 1/8/15
- DeTerra, Timothy v. New Bedford Police Department 10/27/16
- Deveau, Scott v. Waltham Police Department 8/20/15
- Dir, Chetan v. Malden Police Department 12/19/13
- Dolbrus, Ismael v. City of Everett 2/16/17
- Donnelly, Dennis v. City of Cambridge 2/19/15
- Donohue, Corey v. Department of Correction 7/12/12
- Donovan, Michael v. Brookline Fire Department 10/13/16
- Dorgan, Ryan v. City of Methuen 4/30/15
- Dorgan, Ryan v. City of Methuen 9/3/15
- Dorney, Thomas v. Wakefield Police Department 8/18/16
- Dowd, Daniel v. Town of Charlton 10/21/10 file size 1MB
The positive reasons of the selected candidate justified the Town's decision to bypass the Appellant for promotion to sergeant. Bypass appeal dismissed.
- Driscoll, Jeremiah v. Boston Police Department 7/26/07
The Appellant filed a bypass appeal challenging the reasonable justification of the Boston Police Department in bypassing him for original appointment as a police officer. The Appellant had a “highly problematic driving history” and had at least 3 surchargeable accidents. However, the reason that rang hollow for the Commission is the past termination, which seemed premised on vindictive motivations; the Appointing Authority can not use a past termination as justification for a bypass without determining by a preponderance of the evidence that the termination was actually due to the applicant’s dereliction. Those two reasons which were established are substantial and sufficient standing alone to justify the bypass, because they are rationally related to and may properly be used to gauge the applicant’s fitness to perform the duties and responsibilities of the position of police officer. The Appellant’s appeal was dismissed.
- Dufresne, David v. Town of Webster 2/14/08
Based upon a preponderance of the credible evidence presented at hearing, theCommission finds that the Appointing Authority sustained its burden of proving reasonable justification for bypassing the Appellant. The Town’s primary reason for bypassing the Appellant was the fact that the successful candidates did not have any entries on their criminal records or driving records and because the successful candidates performed better and were truthful in their respective interviews. The Appellant’s driving record includes numerous motor vehicle infractions, and when asked about his past criminal record, the Appellant was not forthcoming. The appeal was dismissed.
- Dumeus, Wigens v. Boston Police Department 3/10/11 file size 1MB
Information from the background investigation of the Appellant provided the Boston Police Department with reasonable justification to bypass the Appellant. Bypass appeal dismissed.
- Dunn Cooper, Vera v. Boston Police Department 7/31/08
The Civil Service Commission adopted the recommended decision of the Administrative Law Magistrate and dismissed the Appellant’s appeal. The Boston Police Department had reasonable justification to decline to appoint the appellant as a police officer, due to 2 restraining orders filed against her and several instances of domestic disputes requiring police intervention. Hence, the appeal was dismissed.
- Dunn, Christopher v. Boston Fire Department 11/14/13
- Dunn, Christopher v. Boston Police Department 8/21/14
- Duval, Marika v. City of Somerville 3/17/16
- Dwinells, Stephen v. City of Methuen 8/6/15