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Discipline Appeal Decisions A-B

  • Adams, Brice v. City of Newton 9/22/11 pdf format of 			Adams, Brice v. City of Newton 9/22/11

  • Allard, Wayne v. Department of Correction 7/29/10 pdf format of 			Allard, Wayne v. Department of Correction 7/29/10
	file size 1MB

    DOC was justified in suspending the Appellant for not notifying DOC that he employed a former inmate and his wife provided him with $5,000 bail. Disciplinary appeal dismissed.
  • Aime, Rigaubert v. Department of Correction 5/3/12 pdf format of 			Aime, Rigaubert v. Department of Correction 5/3/12

  • Alves, Pierre v. Fall River Public Schools 10/21/10 pdf format of 			Alves, Pierre v. Fall River Public Schools...

    The School Department was justified in terminating the Appellant for excessive absenteeism after prior disciplinary action failed to correct his behavior. Discipline appeal dismissed.
  • Aime, Rigaubert v. Department of Correction 11/1/12 pdf format of 			Aime, Rigaubert v. Department of Correction 11/1/12
	file size 1MB

  • Allen, Alexander v. City of Boston 10/18/12 pdf format of 			Allen, Alexander v. City of Boston 10/18/12

  • Ameral and Kiely v. Somerville Police Department 10/26/06 pdf format of 			Ameral and Kiely v. Somerville Police...

    The Appellants were suspended for fifteen (15) days for falsifying police reports and leaving their sector without permission. Appeal dismissed.The Commission’s decision was affirmed on appeal to the Superior Court.
  • Ameral and Kiely v. Somerville Police Department - Related Superior Court Decision 3/24/08 pdf format of 			Ameral and Kiely v. Somerville Police...

  • Anderson, Deborah v. Boston Police Department 7/15/10 pdf format of 			Anderson, Deborah v. Boston Police Department...

    The Boston Police Department was justified in terminating the Appellant for violating the Department's policy regarding drug use. Discipline appeal dismissed.
  • Andrade, James v. Department of Correction 2/1/07 pdf format of 			Andrade, James v. Department of Correction 2/1/07

    The Appellant was suspended for five (5) days for violating four (4) separate rules and procedures of the Department of Correction. Appeal dismissed.
  • Andrade, James v. Department of Correction 9/18/08 pdf format of 			Andrade, James v. Department of Correction 9/18/08

    The Appellant was suspended for five (5) days for violating the Department of Corrections’ rules again. Appeal dismissed.
  • Aponte, Carlos v. City of Holyoke 7/17/08 pdf format of 			Aponte, Carlos v. City of Holyoke 7/17/08

    The Appellant had a contractual responsibility to call his employer at least fifteen (15) minutes before the start of his shift if he was going to be tardy or absent. The Appellant failed to do this twice in six (6) months, so he was suspended for three (3) days. Appeal dismissed.
  • Bailey, Frederick v. Town of East Longmeadow 5/14/09 pdf format of 			Bailey, Frederick v. Town of East Longmeadow...

    2-day suspension for improperly disseminating a citizen's criminal history information.
  • Batho, Lester v. Pittsfield Public Schools 6/26/08 pdf format of 			Batho, Lester v. Pittsfield Public Schools 6/26/08

    The Appellant, who had been disciplined for similar incidents in the past, was suspended for five (days) after he made inappropriate and profane remarks to a member of the faculty. Appeal dismissed.
  • Bailey, James v. Department of Correction 10/18/12 pdf format of 			Bailey, James v. Department of Correction 10/18/12
	file size 1MB

  • Bean, Jonathan v. Town of Bourne 1/27/11 pdf format of 			Bean, Jonathan v. Town of Bourne 1/27/11
	file size 1MB

    The Appellant's loss of privileges at a local hospital provided the Town with reasonable justification to terminate him as an EMT. Discipline appeal dismissed.
  • Beausoleil, Paul v. Department of Correction 7/10/08 pdf format of 			Beausoleil, Paul v. Department of Correction...

    The Appellant was suspended for twenty (20) days for violating the General Policy and Rule 6(d) and Rule 19(b) of the Rules and Regulations Governing All Employees of the Massachusetts Department of Correction. Appeal dismissed.
  • Bersani, Kimberly v. City of Quincy 12/30/10 pdf format of 			Bersani, Kimberly v. City of Quincy 12/30/10
	file size 1MB

    The Appellant's vulgarity-laced outburst in the workplace justified a 3-day suspension. Appeal dismissed.
  • Bishop, Robert v. Department of State Police 10/21/10 pdf format of 			Bishop, Robert v. Department of State Police...

    The Appellant's retirement date was effective one day prior to his suspension. Thus, the Commission has no jurisdiction to hear his appeal. Appeal dismissed.
  • Bistany, Marlene v. City of Lawrence 4/4/13 pdf format of 			Bistany, Marlene v. City of Lawrence 4/4/13

  • Blake, Paul v. Town of Agawam 6/16/11 pdf format of 			Blake, Paul v. Town of Agawam 6/16/11

  • Blais, Al v. Town of Framingham 11/29/07 pdf format of 			Blais, Al v. Town of Framingham 11/29/07

    The Appellant was suspended for ten (10) days for violating the town’s sexual harassment policy and thirty (30) days for making a racially insensitive remark to an African-American teenager. Appeal dismissed.
  • Bliss, Donald v. Town of Wareham 5/5/11 pdf format of 			Bliss, Donald v. Town of Wareham 5/5/11
	file size 2MB

    The Town was unable to show, by a preponderance of the evidence, that the Appellant engaged in the ethical misconduct alleged. Further, the Town's decision was tainted by personal and political bias. Termination overturned. Appeal allowed.
  • Bloomfield, Donovan v. Department of Correction 4/8/10 pdf format of 			Bloomfield, Donovan v. Department of...
	file size 1MB

    By a preponderance of the evidence, DOC has shown that it had reasonable justification to suspend the Appellant for 1 day for his misconduct. Discipline appeal dismissed.
  • Bloomfield, Donavan v. Department of Correction 9/23/10 pdf format of 			Bloomfield, Donavan v. Department of...

    There was reasonable justification to discipline the Appellant for bringing unauthorized items into the institution. Appeal dismissed.
  • Bohnenberger, Kris v. Department of State Police 2/24/11 pdf format of 			Bohnenberger, Kris v. Department of State...
	file size 1MB

    The State Police was unable to show by a preponderance of the evidence that the Appellant committed the majority of the rule violations as alleged. Discipline modified downard.
  • Bolduc, John v. Town of Webster 5/17/07 pdf format of 			Bolduc, John v. Town of Webster 5/17/07

    The Appellant was terminated for using excessive force on detainees. Appeal dismissed.
  • Boston Police Department Drug Testing Appeals 2/28/13 pdf format of 			Boston Police Department Drug Testing Appeals 2/28/13

  • Brancaccio, James v. City of Quincy 3/13/08 pdf format of 			Brancaccio, James v. City of Quincy 3/13/08

    The Appellant was discharged for moving two police cars, without authorization, while the officers were on a call. Appeal dismissed.
  • Branco, David v. City of New Bedford 2/21/08 pdf format of 			Branco, David v. City of New Bedford 2/21/08

    The Appellant, an EMT, was suspended for one (1) day after a patient complained about the care he received. Appeal allowed.
  • Bretta, James v. Department of State Police 7/31/08 pdf format of 			Bretta, James v. Department of State Police...
	file size 2MB

    The Appellant was suspended for two (2) days and received a letter of reprimand in his file after he violated two (2) Departmental Rules. Appeal allowed.
  • Britt, Kevin v. Department of Public Health 6/14/07 pdf format of 			Britt, Kevin v. Department of Public Health...

    The Appellant was terminated after his supervisor discovered that he had been working with a lapsed Journeyman Electrical license for the past eighteen (18) months. Appeal dismissed.
  • Brophy, John v. City of Peabody 6/14/07 pdf format of 			Brophy, John v. City of Peabody 6/14/07

    Appeal dismissed because the Appellant’s case was resolved in arbitration.
  • Brouillette, Paul v. Department of Correction 8/14/08 pdf format of 			Brouillette, Paul v. Department of Correction...

    The Appellant was suspended for thirty (30) days after he violated the domestic violence policy. Appeal dismissed.
  • Burns, Andrew v. Department of Correction 5/20/10 pdf format of 			Burns, Andrew v. Department of Correction 5/20/10

    The Department was justified in disciplining the Appellant for untruthfulness, but the discipline imposed was not consistent with progressive discipline. Appeal allowed in part; 3-day suspension reduced to 1-day suspension.
  • Burns, Kevin v. Fall River Public Schools 3/10/11 pdf format of 			Burns, Kevin v. Fall River Public Schools 3/10/11

    Although there was sufficient evidence to justify discipline against the Appellant, a showing of disparate treatment warranted the Commission's intervention in the form of reducing the termination to a long-term suspension. Appeal allowed in part.

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