O'Connor, Thomas v. Newton Public Schools 9/8/11 file size 1MB
- The School Department was justified in terminating the Appellant for his poor performance as a custodian which failed to improve after prior disciplinary actions against him. Disicpline appeal dismissed.
- The Town had reasonable justification to suspend the Appellant for one day for his negligent operation of a back hoe. Appeal dismissed.
- The Appellant submitted falsified medical documents in an attempt to justify two absences. His termination was justified. Appeal dismissed.
Orr, Raymond v. Town of Carver 4/21/11 file size 2MBBoth parties requested a Section 41A hearing. After conducting this hearing, the Commission determined that no discipline was justified.
Page, Perry v. Department of Correction 11/4/10 file size 1MBDOC had just cause for suspending the Appellant for 3 days after he thwarted attempts by prisoners to attend religous services. Discipline appeal dismissed.
- The Appellant's repeated unauthorized absences and insubordination had a significant and material impact on the BHA's legal duties (statutory and contractual) to provide its tenants with clean and safe buildings and sites and provided reasonable justification for terminating the Appellant as a laborer. Appeal dismissed.
- The Appellant's inappropriate workplace behavior provided the City with reasonable justification for terminating the Appellant. Discipline appeal dismissed.
Perron, William v. Department of Correction 11/12/09 file size 1MBDOC was justified in terminating the Appellant for his role in damaging the car of the Bristol County Sheriff. Appeal dismissed.
Phillips, Kris v. Town of Hingham 3/24/11 file size 1MBThe Appellant's untruthfulness provided the Town with just cause to terminate the Appellant from its Police Department. Discipline appeal dismissed.
Pinto, Robert v. Department of State Police 3/8/12 file size 1MB
There was just cause to discipline the Appellant for unauthorized use of his cruiser for personal use. Failure to prove all charges, however, warranted a modification to the penalty. Appeal allowed in part.
- The City was justified in suspending this highway craftsman for 3 days after he left the work site and went home after being told he could not take one of the few trucks that did not have a GPS device installed in it.
- DOC did not show by a preponderance of the evidence that that the Appellant violated DOC rules. Appeal allowed.
- The Town had reasonable justification for terminating the Appelland after he had his license suspended due to an OUI after he signed a last chance agreement related to abnormal result on a drug and alcohol test. Appeal dismissed.
Roach, Jr., William v. Department of Correction 1/28/10 file size 1MBDOC was justified in demoting the Appellant from sergeant to correction officer after he failed to report a correction officer's misconduct and then filed a report on behalf of the correction officer that failed to mention the incident. Disicplinary appeal dismissed.
- By a preponderance of the evidence, the Town has shown that the Appellant engaged in conduct unbecoming a police officer and a demotion and suspension was justified. Appeal dismissed.
Rodriques, Baron v. Department of Correction 11/12/09 file size 1MBDOC did not show that the Appellant violated any rules or policies. Appeal allowed; 3-day suspension overturned.
Rodrigues, Tony v. Department of Correction 1/28/10 file size 1MBDOC was justified in terminating the Appellant after he threw a food tray at an inmate's cell, failed to report the incident in his written report and then engaged in misconduct while he was on administrative leave pending an investigation of this matter. Disciplinary appeal dismissed.
- Commission Decision Affirmed.
- 1-day suspension upheld for improperly accessing a citizen's criminal record history.
- The Appointing Authority met its burden of proving just cause for the imposition of a fourteen day suspension against the Appellant for working without a current EMT Paramedic card for two months and for failing to notify the Fire Department that his EMT certification had lapsed.
- DOC has not shown by a preponderance of the evidence that it was justified in suspending the Appellant for 5 days for insubordination. Disciplinary appeal allowed.
- Commission clarified its decision for upholding the 1-year suspension against the Appellant after decision was remanded by Superior Court.
- The City was unable to show that the Appellant engaged in most of the misconduct alleged here -- and it appears that personal bias against the Appellant was partly the reason for his discipline. Appeal allowed in part; suspension reduced.
Silvia, James v. Department of Correction 11/12/09 file size 1MBDOC was justified in terminating the Appellant for violating various rules, including smoking and having his girlfriend visit him in the control room on multiple occassions. Appeal dismissed.
- The City Holyoke was justified in issuing a 15-day suspension against three police officers who failed to promptly report an off-duty incident that involved a use of force against a bar patron. Appeals dismissed.
- Superior Court upheld the Commission's decision in which it determined that the Boston Police Department had reasonable justification for suspending the Appellant for ten days for off-duty conduct while visiting a county correctional facility.
- DOC has shown, by a preponderance of the evidence, that there was reasonable justification to suspend the Appellants for failing to do rounds and putting false information in the log book. Appeals dismissed.
- By a preponderance of the evidence, the City proved that the Appellant was insubordinate. 1-day suspension upheld; appeal dismissed.
- There was reasonable justification to suspend the Appellant for failing to properly monitor an automated system ensuring that cell doors are properly closed. Appeal dismissed.
- The Appellant poor performance as a custodian provided the Appointing Authority with just cause to suspend him. Appeal dismissed.
Sweet, Brian v. Department of State Police 15 Day Suspension 12/10/09 (Affirmed by Superior Court on 3/22/11)The Appellant kicked the car of a private citizen without any justification for doing so. The State Police was justified in suspending him for 15 days. Appeal dismissed.
Sweet, Brian v. Department of State Police Suspension and Transfer 12/10/09 (Affirmed by Superior Court on 6/17/11) file size 1MBThe State Police was justified in disciplining the Appellant for his retaliatory actions taken against a private citizen. The 6-month transfer portion of the penalty was modifed to 4 months as the State Police failed to prove another charge and there was evidence of bias against the Appellant resulting in a harsh penalty. Appeal allowed in part.
Sylvia, Kevin v. City of New Bedford 9/23/10 file size 1MBThere was reasonable justification to discpline the Appellant. Appeal dismissed.
- The Town was justified in disciplining the Fire Lieutenant for failing to have patient sign a transport refusal form in an attempt to prevent the citizen from having to pay an ambulance-related fee. Commission modified 4-day suspension to 2-day suspension because Town erroneously considered another disciplinary matter that is currently under appeal when making its decision.
- The Town has shown that the Appellant's misconduct justified a 3-day suspension. Discipline appeal dismissed.
- The Appellant's violent behavior at a local hospital, combined with similar on-duty behavior in the past, provided the School Department with reasonable justification to terminate the Appellant. Discipline appeal dismissed.
Tobias, Jeffrey v. City of Newton 11/12/09 file size 1MBCity showed just cause for terminating the Appellant after he violated a Last Chance Agreement and was criminally charged with attempted murder. Appeal dismissed.
Tinker, Robert v. Boston Police Department 11/3/11 file size 1MB
Townsley, Michael v. Town of Greenfield 4/8/10 file size 2MBThe Town was justified in demoting the Appellant after he failed to exercise the necessary leadership skills in the position of Fire Captain. Discipline appeal dismissed.
- The City was justified in terminating the Appellant for insubordination and threatening behavior after a lengthy disciplinary history. Disciplinary appeal dismissed.
The Lowell Police Department had just cause to terminate the Appellant as a police officer for his misconduct.
Walsh, James v. Department of Correction 11/3/11 file size 1MB
DOC had just cause to terminate the Appellant for his misconduct.
- Superior Court affirmed CSC's decision upholding the Appellant's termination as a correction officer.
- The Appellant's unprofessional treatment of a stranded driving who called 911 for help provided the State Police with reasonable justification to discipline the Appellant. Discipline appeal dismissed.
Williams, Shelley v. Department of Correction 8/12/10 file size 1MBDOC was jusitifed in suspending the Appellant, a superior officer, for 1 day, for making inappropriate comments to a subordinate. Appeal dismissed.
- There was reasonable justification for terminating the Appellant for urinating on the walls at work on two different occassions.