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Discipline Appeal Decisions C-F

Discipline appeal cases sorted by Appellant's last name.
  • Cabral, John v. City of New Bedford 9/23/10 pdf format of 			Cabral, John v. City of New Bedford 9/23/10

    There was reasonable justification to discipline the Appellant for failing to be available and accessible during a snow emergency. Appeal dismissed.
  • Cannella, Brian v. North Andover Fire Department 6/26/08 pdf format of 			Cannella, Brian v. North Andover Fire...

    The Appellant was terminated because he failed to obtain EMT certification during his first probationary year. Appeal dismissed.
  • Capel, James v. Department of Correction 7/10/08 pdf format of 			Capel, James v. Department of Correction 7/10/08

    The Appellant was suspended for twenty (20) days after he refused to acknowledge his captain on two separate occasions. Appeal dismissed.
  • Cappelluzzo, Thomas v. City of Newburyport 10/1/09 pdf format of 			Cappelluzzo, Thomas v. City of Newburyport 10/1/09

    The Town satisfied its burden of proving just cause for its decision to suspend the Appellant for three days. He violated numerous police department rules during two incidents with citizens. Discipline appeal dismissed.
  • Caporelli, John v. City of Worcester 2/21/08 pdf format of 			Caporelli, John v. City of Worcester 2/21/08

    Motion to dismiss denied.
  • Carter, Kevin v. Town of North Reading 8/23/12 pdf format of 			Carter, Kevin v. Town of North Reading 8/23/12

  • Casey, Eugene v. Methuen Public Schools 11/4/10 (Vacated by Superior Court on 7/26/11) pdf format of 			Casey, Eugene v. Methuen Public Schools...
	file size 2MB

    By a 3-2 vote, the Commission modified the termination of a custodian who entered a guilty plea for illegal gambling while on duty to a 3 1/2 year suspension.
  • Casey, Eugene v. Methuen Public Schools - Related Superior Court Decision 7/26/11 pdf format of 			Casey, Eugene v. Methuen Public Schools -...

  • Chapski, Jeffrey v. Woburn Public Schools 9/27/07 pdf format of 			Chapski, Jeffrey v. Woburn Public Schools 9/27/07

    Appeal dismissed due to lack of jurisdiction.
  • Chaves, Jose v. Town of Hudson 10/9/08 pdf format of 			Chaves, Jose v. Town of Hudson 10/9/08

    The Appellant was suspended for sixty (60) days after violating a number of the Hudson Police Department’s rules. Appeal dismissed.
  • Cintron, Fred v. City of Holyoke 6/16/11 pdf format of 			Cintron, Fred v. City of Holyoke 6/16/11

  • Cintron, Raphael v. MBTA Police Department 6/26/08 pdf format of 			Cintron, Raphael v. MBTA Police Department 6/26/08

    The Appellant was suspended for three (3) days after he violated MBTA Police Department rules of conduct. Appeal dismissed.
  • Clark, Amy v. Brookline Public Schools 12/15/11 pdf format of 			Clark, Amy v. Brookline Public Schools 12/15/11

  • Clark, Elliot v. Boston Housing Authority 4/21/11 pdf format of 			Clark, Elliot v. Boston Housing Authority 4/21/11
	file size 1MB

    By a preponderance of the evidence, the BHA has shown that the Appellant's misconduct justified his termination. Discipline appeal dismissed.
  • Coach, Michael v. City of Westfield 12/10/09 pdf format of 			Coach, Michael v. City of Westfield 12/10/09

    The City was justified in suspending this police officer after he was found in a highly intoxicated state at a local bar on New Year's Eve. Appeal dismissed.
  • Connolly, Michael v. Department of State Police 01/08/09 pdf format of 			Connolly, Michael v. Department of State...

    The Appellant was suspended for twenty-one (21) days for violation(s) of department policy. Appeal allowed in part. Suspension reduced to five (5) days.
  • Cogliani, Vincent v. City of Boston 8/9/07 pdf format of 			Cogliani, Vincent v. City of Boston 8/9/07

    The Appellant was suspended for five (5) days for failure to supervise two (2) employees. Appeal allowed.
  • Cokely, Paul v. Cambridge Public Schools 10/11/07 pdf format of 			Cokely, Paul v. Cambridge Public Schools 10/11/07

    The Appellant was suspended for one (1) day. Appeal dismissed because the Appellant never filed a written request for a hearing before the appointing authority to appeal his suspension.
  • Cokely, Paul v. Cambridge Public Schools 12/16/10 pdf format of 			Cokely, Paul v. Cambridge Public Schools 12/16/10

    The Appellant's termination appeal is dismissed for lack of prosecution as the Appellant failed to comply with discovery orders or with orders that provide him with time to obtain counsel. Appeal dismissed.
  • Cokely, Paul v. Cambridge Public Schools 1/22/09 pdf format of 			Cokely, Paul v. Cambridge Public Schools 1/22/09

    The Appellant was terminated for allegedly making death threats. Appeal allowed.
  • Cokely, Paul v. Cambridge Public Schools 2/11/10 pdf format of 			Cokely, Paul v. Cambridge Public Schools 2/11/10

  • Collins, Ralph v. Town of Winthrop 5/1/08 pdf format of 			Collins, Ralph v. Town of Winthrop 5/1/08

  • Connelly, Susan v. Department of Social Services 6/14/07 pdf format of 			Connelly, Susan v. Department of Social...

  • Connolly, Michael v. City of Quincy 8/9/12 pdf format of 			Connolly, Michael v. City of Quincy 8/9/12

  • Connors, Dennis v. Boston Public Schools 1/4/07 pdf format of 			Connors, Dennis v. Boston Public Schools 1/4/07

    Appellant’s appeal was not timely filed. Appeal dismissed.
  • Correia, Christopher v. Department of Correction 7/2/09 pdf format of 			Correia, Christopher v. Department of...

    The Appellant's lengthy record of absenteeism and a no-call, no-show justified his termination. Appeal dismissed.
  • Cortes, Benjamin v. Department of Children and Families 11/4/10 pdf format of 			Cortes, Benjamin v. Department of Children and...
	file size 1MB

    DCF had just cause to demote the Appellant for failing to exercise appropriate supervision over case workers responsible for monitoring homes where foster children are living. Discipline appeal dismissed.
  • Cosby, Joseph v. City of Boston 10/21/10 pdf format of 			Cosby, Joseph v. City of Boston 10/21/10

    The City was justified in terminating the Appellant as a firefighter afer he failed a substance abuse screening test for the second time. Discipline appeal dismissed.
  • Costa, Christopher v. City of New Bedford 2/8/07 pdf format of 			Costa, Christopher v. City of New Bedford 2/8/07

    Appellant suspended for thirty (30) days after failing to report to work. Appeal dismissed.
  • Costa, Joseph v. City of New Bedford 7/14/11 pdf format of 			Costa, Joseph v. City of New Bedford 7/14/11

    By a 3-2 vote, the Commission upheld the City's decision to suspend the Appellant for his threatening behavior toward a witness scheduled to testify against a co-worker at an arbitration hearing. Appeal dismissed.
  • Cronin, Douglas v. Town of Arlington 9/17/09 (Affirmed by Superior Court on 7/22/10) pdf format of 			Cronin, Douglas v. Town of Arlington 9/17/09...

    The Appointing Authority demonstrated just cause to suspend the Appellant for a period of two days from his position as a police officer in light of his unprofessional, condescending and discourteous behavior during a motor vehicle stop on March 7, 2007. Appeal dismissed.
  • Cronin, Douglas v. Town of Arlington - Related Superior Court Decision 7/22/10 pdf format of 			Cronin, Douglas v. Town of Arlington - Related...

  • Crosby, Lawrence v. Boston Fire Department 1/11/07 pdf format of 			Crosby, Lawrence v. Boston Fire Department 1/11/07

    Appellant was removed from his position of EMS Instructor and returned to his position as a firefighter. Appeal dismissed.
  • Cross, Elmer v. Department of Workforce Development 1/27/11 pdf format of 			Cross, Elmer v. Department of Workforce...

    The Commission does not have jurisdiction to hear an appeal from a provisional employee who received a written warning. Discipline appeal dismissed.
  • Crowley, Michael v. City of Boston 3/24/11 pdf format of 			Crowley, Michael v. City of Boston 3/24/11
	file size 1MB

    The Appellant's repeated insubordination and poor job performance provided the City with just cause to terminate him. Discipline appeal dismissed.
  • Crowley, Kenney and Roach v. Department of Correction 11/12/09 pdf format of 			Crowley, Kenney and Roach v. Department of...

    DOC was justified in issuing 5-day suspensions based on the Appellant's untruthfulness, including the filing of false reports. Appeals dismissed.
  • Crowley, William v. Department of Correction - Related Superior Court Decision 12/1/11 pdf format of 			Crowley, William v. DOC Sup. Crt. Decision 12/1/11

  • Cullen, Timothy v. Department of Correction 5/15/08 pdf format of 			Cullen, Timothy v. Department of Correction...

    The Appellant was terminated. Appeal dismissed.
  • Cutone, Stephen v. Medford School Department 4/24/08 pdf format of 			Cutone, Stephen v. Medford School Department...

    The Appellant was terminated after failing to perform his assigned duties during school vacation week, smoking on school property, failing to call in his absences on two occasions, and abusing sick leave. Appeal dismissed.
  • Dalrymple, Nancy v. Town of Winthrop 8/14/08 pdf format of 			Dalrymple, Nancy v. Town of Winthrop 8/14/08

    The Appellant was suspended for five (5) days for insubordination for refusing a direct order. The Town’s Motion for Summary Decision was denied.
  • Dalrymple, Nancy v. Town of Winthrop - Related Superior Court Decision 6/29/10 pdf format of 			Dalrymple, Nancy v. Town of Winthrop - Related...

  • Dalrymple, Nancy v. Town of Winthrop 6/16/11 pdf format of 			Dalrymple, Nancy v. Town of Winthrop 6/16/11

  • Dalrymple, Nancy v. Town of Winthrop - Related Appeals Court Decision 7/16/12 pdf format of 			Dalrymple v. Winthrop - Appeals Court Decision 7/16/12

  • Dambreville, Yves v. Boston Police Department 6/17/10 pdf format of 			Dambreville, Yves v. Boston Police Department...
	file size 2MB

    The Appellant's failure to perform his duties properly regarding a criminal investigation warranted a 30-day suspension. Discipline appeal dismissed.
  • Dapkas, William v. Department of Correction - Related Appeals Court Decision 4/14/09 pdf format of 			Dapkas, William v. Department of Correction -...

    Superior Court upheld Commission's decision in which it determined there was reasonable justification for terminating the Appellant for falsifying workers comp forms and being untruthful.
  • Davis, Ryan v. City of Salem 7/23/09 pdf format of 			Davis, Ryan v. City of Salem 7/23/09

    There was insufficient evidence to show that the Appellant violated any rules or regulations of the Salem Police Department, the basis for the 5-day suspension. Disciplinary appeal allowed.
  • Davis, Lamont v. City of Newton 6/28/07 pdf format of 			Davis, Lamont v. City of Newton 6/28/07

    The Appellant was terminated after he was found to have violated a Last Chance Agreement regarding drugs, alcohol, or violence. City was unable to show before Commission that agreement was violated. Appeal allowed.
  • Davis, Lamont v. City of Newton - Related Superior Court Decision 12/31/08 pdf format of 			Davis, Lamont v. City of Newton - Related...

  • Davis, Tiffany v. Department of Correction 4/2/09 pdf format of 			Davis, Tiffany v. Department of Correction 4/2/09

    The Department of Correction had reasonable justification for terminating the Appellant for maintaining a romantic relationship with a former inmate in violation of DOC Rules and Regulations. Appeal dismissed.
  • Dawson, James v. Department of Correction 4/19/12 pdf format of 			Dawson, James v. Department of Correction 4/19/12

  • DeMauro, Dino v. Worcester Public Schools 9/23/10 pdf format of 			DeMauro, Dino v. Worcester Public Schools 9/23/10

    The Appellant's most recent misconduct and his disciplinary history justified a 10-day suspension. Appeal dismissed.
  • Demauro, Dino v. Worcester Public Schools 2/24/11 pdf format of 			Demauro, Dino v. Worcester Public Schools 2/24/11

    The Appointing Authority was unable to show that the Appellant engaged in misconduct related to one of the charges related to attendance. Discipline modified downward.
  • DeMello, Walter v. Town of Fairhaven 7/12/12 pdf format of 			DeMello, Walter v. Town of Fairhaven 7/12/12

  • DeOliveira, David v. City of Taunton 9/4/08 (Affirmed by Superior Court on 3/16/10) pdf format of 			DeOliveira, David v. City of Taunton 9/4/08...
	file size 1MB

    The City of Taunton showed that the Appellant engaged in conduct unbecoming an officer, in violation of the Rules and Regulations of the Taunton Police Department, and there was reasonable justification to suspend him for eighteen (18) months. Appeal dismissed.
  • DeOliveira, David v. City of Taunton - Related Superior Court Decision 3/16/10 pdf format of 			DeOliveira, David v. City of Taunton - Related...

    Commission Decision Affirmed.
  • DeBenedictis, Louis v. Town of Hanover 7/14/11 pdf format of 			DeBenedictis, Louis v. Town of Hanover 7/14/11

    By a 4-1 vote, the Commission overturned the suspension against the Appellant based in part on disparate treatment. Appeal granted.
  • Desharnias, Thomas v. City of Westfield - Section 42 Appeal 1/7/10 pdf format of 			Desharnias, Thomas v. City of Westfield -...

    The City complied will all procedural requirements related to the Appellant's termination. Section 42 appeal dismissed.
  • Desharnias, Thomas v. City of Westfield 7/29/10 pdf format of 			Desharnias, Thomas v. City of Westfield 7/29/10

    By a preponderance of the evidence, the City has shown that the Appellant was untruthful during an investigation and displayed conduct that was unbecoming of a police officer. They were justified in terminating him. Disciplinary appeal dismissed.
  • DesRoches, William v. Department of Correction 8/21/08 pdf format of 			DesRoches, William v. Department of Correction...

    The DOC acted reasonably when it suspended the Appellant for sixteen (16) days after he violated Blue Book Rules 8(a), 10(a), and 19(d). Appeal dismissed.
  • DesRoches, William v. Department of Correction 10/22/09 pdf format of 			DesRoches, William v. Department of Correction...

    DOC was justified in terminating the Appellant for his verbally abusive behavior toward a co-worker and his untruthfulness.
  • Dexter, Daniel v. Town of West Springfield 12/10/09 pdf format of 			Dexter, Daniel v. Town of West Springfield...

    The Town was justified in suspending the Working Foreman for 1 day after he left the work site without permission and "took it easy" for the rest of the afternoon. Appeal dismissed.
  • DiBari, Jay v. Brockton Public Schools 10/11/07 pdf format of 			DiBari, Jay v. Brockton Public Schools 10/11/07

    The Brockton Public Schools demonstrated a reasonable justification for terminating the Appellant. Appeal dismissed.
  • Dinicola, Daniel v. City of Methuen 9/10/09 pdf format of 			Dinicola, Daniel v. City of Methuen 9/10/09

    City's Motion for Summary Decision denied. The Appellant has standing to appeal termination as he was a tenured civil service employee at the time of the termination. Full hearing to be scheduled.
  • DiNicola, Daniel v. City of Methuen 1/27/11 pdf format of 			DiNicola, Daniel v. City of Methuen 1/27/11
	file size 1MB

    The Appellant's failure of a drug test after a last chance agreement provided the City with reasonable justification to terminate him. Discipline appeal dismissed.
  • Dion, David v. New Bedford School Department 9/23/10 pdf format of 			Dion, David v. New Bedford School Department...

    There was reasonable justification to terminate the Appellant after failing to appear for work on dozens of occassions. Appeal dismissed.
  • Doherty, Richard v. Town of Bourne 5/31/12 pdf format of 			Doherty, Richard v. Town of Bourne 5/31/12
	file size 5MB

  • Domozick, Garry v. City of Westfield 2/25/10 pdf format of 			Domozick, Garry v. City of Westfield 2/25/10

    The Appellant's egregious behavior, including false allegations that he made against his supervisor, justified the City's decision to terminate him. Discipline appeal dismissed.
  • Donovan, Kevin v. Department of Correction 9/17/09 pdf format of 			Donovan, Kevin v. Department of Correction 9/17/09

    The Department of Correction had reasonable justification for suspending the Appellant for 1-day after determining that he submitted false information as part of his application for employment. Appeal dismissed.
  • Dottin, Harold v. Cambridge Housing Authority 2/14/08 pdf format of 			Dottin, Harold v. Cambridge Housing Authority...

    The Cambridge Housing Authority had reasonable justification to suspend the Appellant for five (5) days. Appeal dismissed.
  • Downer, Robert v. Town of Burlington 11/30/06 pdf format of 			Downer, Robert v. Town of Burlington 11/30/06

    The Appellant was suspended for fifteen (15) days and demoted after making racially derogatory comments about another police officer. Appeal dismissed.
  • Downer, Robert v. Town of Burlington - Related Superior Court Decision 5/2/08 pdf format of 			Downer, Robert v. Town of Burlington - Related...

  • Duffy, Thomas v. City of Worcester 4/18/13 pdf format of 			Duffy, Thomas v. City of Worcester 4/18/13
	file size 1MB

  • Dumont, Daniel v. Department of Correction 6/14/12 pdf format of 			Dumont, Daniel v. Department of Correction 6/14/12

  • Dunn, William v. City of Attleboro 6/2/11 pdf format of 			Dunn, William v. City of Attleboro 6/2/11

  • Dunn, William v. City of Attleboro - Related Superior Court Decision 11/5/12 pdf format of 			Dunn v. Attleboro - Superior Court Decision 11/5/12

  • Duquette, Kris v. Department of Correction 10/19/06 pdf format of 			Duquette, Kris v. Department of Correction...

    The Appellant was suspended for fifteen (15) days and demoted after making racially derogatory comments about another police officer. Appeal dismissed.
  • Dykas, Leon v. City of Worcester 9/23/10 pdf format of 			Dykas, Leon v. City of Worcester 9/23/10

    City was not justified in terminating the Appellant for failing to comply with an order from the Police Chief to testify at his own civil service hearing conducted by the City of Worcester. Appeal allowed.
  • Eckert, Edward v. City of Holyoke 7/3/08 (Affirmed by Superior Court on 3/29/10) pdf format of 			Eckert, Edward v. City of Holyoke 7/3/08...

    The City of Holyoke had sufficient justification to suspend the Appellant for three (3) days. Appeal dismissed.
  • Eckert, Edward v. City of Holyoke - Related Superior Court Decision 3/29/10 pdf format of 			Eckert, Edward v. City of Holyoke - Related...

    Commission Decision Affirmed.
  • Encarnacion, Sandra v. Merit Rating Board 1/15/09 pdf format of 			Encarnacion, Sandra v. Merit Rating Board 1/15/09

    The Appointing Authority was justified in termainating the Appellant for violating various rules and regulations regarding the processing of motor vehicle citations. Appeal dismissed.
  • Erickson, Craig v. Town of Oxford 01/08/09 pdf format of 			Erickson, Craig v. Town of Oxford 01/08/09

    The Town was justified in terminating reserve police officer Erickson after he used his position as a police officer to assist a friend and former employer in collecting an unpaid bill. Appeal dismissed.
  • Estrela, Fabiano v. Town of Randolph 7/17/08 pdf format of 			Estrela, Fabiano v. Town of Randolph 7/17/08

    The Town had reasonable justification for discharging this police officer after it was shown that he stole money and jewelry from Brazilian immigrants as part of traffic stops. Appeal dismissed.
  • Evans-Howard, Emma v. Department of Correction 1/10/13 pdf format of 			Evans-Howard, Emma v. Department of Correction 1/10/13

  • Ferrin, Jeffrey v. City of Pittsfield 2 1/2 Day Suspension 12/10/09 pdf format of 			Ferrin, Jeffrey v. City of Pittsfield 2 1/2...

    The Appellant should egregiously poor judgment when leaving a City truck parked in front of a hospital, unlocked and running. The City was justified in suspending him for 2 1/2 days. Appeal dismissed.
  • Ferrin, Jeffrey v. City of Pittsfield 3 Day Suspension 12/10/09 pdf format of 			Ferrin, Jeffrey v. City of Pittsfield 3 Day...

    The Appellant's inappropriate comments over the City's two-way radio system provided the City with reasonable justification for suspending the Appellant for 3 days. Appeal dismissed.
  • Ferry, Anthony v. City of Fall River 11/19/09 pdf format of 			Ferry, Anthony v. City of Fall River 11/19/09

    The City did not show reasonable justification for the Appellant's termination. The Appellant was improperly terminated, without notice, after he voiced concerns to the local board. Appeal allowed.
  • Finn, Daniel v. Town of Bourne 1/10/13 pdf format of 			Finn, Daniel v. Town of Bourne 1/10/13

  • Fisher, Thomas v. Department of Correction 3/13/08 pdf format of 			Fisher, Thomas v. Department of Correction 3/13/08

    DOC failed to show that the Appellant used excessive force against an inmate. Appeal allowed; 20-day suspension overturned.
  • Foley, George v. Boston Police Department 1/15/09 pdf format of 			Foley, George v. Boston Police Department 1/15/09

    The Boston Police Department was unable to show by a preponderance of the evidence that the Appellant violated the Department's 90-hour rule. Appeal allowed. Suspension overturned.
  • Fonseca, Antonio v. Holyoke DPW 3/22/07 pdf format of 			Fonseca, Antonio v. Holyoke DPW 3/22/07

    The City was reasonably justified in suspending the Appellant for 3 days for careless use of equipment. Appeal dismissed.
  • Ford, Craig v. Department of Correction 7/29/10 pdf format of 			Ford, Craig v. Department of Correction 7/29/10

    DOC had reasonable justification to terminate the Appellant after he was convicted of a domestic violence offense in Rhode Island and was no longer able to carry a firearm. Disciplinary appeal dismissed.
  • Ford, Warren v. Town of Brookline 6/14/07 pdf format of 			Ford, Warren v. Town of Brookline 6/14/07

  • Fortes, Joao v. Department of Correction 11/19/09 pdf format of 			Fortes, Joao v. Department of Correction 11/19/09
	file size 1MB

    By a 3-2 vote, the Commission did not adopt the recommended decision of the DALA magistrate, who recommended upholding the termination of the Appellant. Instead, the majority modified the termination and reduced the discipline imposed to a 10-day suspension.
  • Frederick, Roy v. Boston Police Department 11/8/07 pdf format of 			Frederick, Roy v. Boston Police Department 11/8/07

  • Frederick, Roy v. Boston Police Department - Related Superior Court Decision 4/21/09 pdf format of 			Frederick, Roy v. Boston Police Department -...
	file size 2MB

  • Freitas, Marcos v. City of Somerville 6/28/12 pdf format of 			Freitas, Marcos v. City of Somerville 6/28/12

  • Fresia, Mark v. City of Pittsfield 9/20/07 pdf format of 			Fresia, Mark v. City of Pittsfield 9/20/07

  • Fresia, Mark v. City of Pittsfield 3/12/09 pdf format of 			Fresia, Mark v. City of Pittsfield 3/12/09

    Termination of DPW employee with lengthy disciplinary history upheld after recent incidents involving insubordination and unacceptable workplace behavior.
  • Fuertes, Benjamin v. City of New Bedford 10/18/12 pdf format of 			Fuertes, Benjaim v. City of New Bedford 10/18/12

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