Discipline Appeal Decisions O-Z

O'Berg, Raymond v. City of Taunton 10/30/08
O'Brien, David v. Department of Correction 10/12/06
O'Connell, William v. City of Attleboro 7/26/12
O'Connell, William v. City of Attleboro - Related Superior Court Order 12/14/12
O'Connor, Thomas v. Newton Public Schools 9/8/11 file size 1MB
O'Hare, Michael v. City of Brockton 1/4/07
Oliveira, George v. Fall River Pulic Schools 10/21/10

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.
Oliveira, Victor v. Town of Fairhaven 12/16/10

The Town had reasonable justification to suspend the Appellant for one day for his negligent operation of a back hoe. Appeal dismissed.
O'Malley, Scott v. Department of State Police 11/2/06
Orcutt, Nathan v. Department of Correction 7/14/11

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 1/29/09
Orr, Raymond v. Town of Carver 4/21/11 file size 2MB

Both parties requested a Section 41A hearing. After conducting this hearing, the Commission determined that no discipline was justified.
Ouillette, Gerald v. City of Cambridge 9/14/06
Page, Perry v. Department of Correction 11/4/10 file size 1MB

DOC had just cause for suspending the Appellant for 3 days after he thwarted attempts by prisoners to attend religous services. Discipline appeal dismissed.
Palmer, Brian v. Town of Marblehead 7/10/08
Pano, Joseph v. Boston Housing Authority 4/2/09

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.
Paone, Jerry v. City of Lynn (3-day suspension) 2/21/13
Paone, Jerry v. City of Lynn (5-day suspension) 2/21/13
Pellot, Victor v. City of Haverhill (5 day suspension) 5/1/08
Pellot, Victor v. City of Haverhill (1-year suspension) 5/1/08
Pennor, Thomas v. City of Brockton 10/1/09

The Appellant's inappropriate workplace behavior provided the City with reasonable justification for terminating the Appellant. Discipline appeal dismissed.
Perkins, Dennis v. City of Attleboro 8/23/12
Perron, William v. Department of Correction 11/12/09 file size 1MB

DOC was justified in terminating the Appellant for his role in damaging the car of the Bristol County Sheriff. Appeal dismissed.
Perry, Christopher v. Department of Correction 1/17/08
Phillips, Kris v. Town of Hingham 3/24/11 file size 1MB

The 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.
Poladian, Nicholas v. Department of Correction 4/3/08
Pomeroy, Robert v. City of Pittsfield 12/10/09

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.
Puza, Michael v. Westfield Police Commission 8/9/12
Rahaim, Paula v. Department of Correction 12/3/09

DOC did not show by a preponderance of the evidence that that the Appellant violated DOC rules. Appeal allowed.
Ralph, Thomas v. Town of Webster 1/10/06
Ratta, Greogry v. Town of Watertown 5/26/05 (Upheld by Superior Court on 6/2/08)

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.
Ratta, Gregory v. Town of Watertown - Related Superior Court Decision 6/2/08 (Affirmed by Appeals Court on 10/29/09)
Ratta, Gregory v. Town of Watertown - Related Appeals Court Decision 10/29/09
Rego, Tony v. Town of Maynard 4/4/13
Reeve, Daniel v. Mass. Environmental Police 9/18/08
Rijos, Rafael v. City of Chelsea 12/3/09
Rizzo, Michael v. Town of Lexington 11/13/08 (Affirmed by Superior Court on 12/17/09)

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Rizzo, Michael v. Town of Lexington - Related Superior Court Decision 12/17/09 (Affirmed by Appeals Court on 8/9/11)
Rizzo, Michael v. Town of Lexington - Related Appeals Court Decision 8/9/11
Roach, Jr., William v. Department of Correction 1/28/10 file size 1MB

DOC 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.
Roberts, Kevin v. Department of State Police 7/24/08
Robichau, Charles v. Town of Middleborough 6/30/11

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 1MB

DOC 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 1MB

DOC 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.
Rossi, Cully v. Town of Duxbury Police Department 2/14/08
Rossi, Cully v. Duxbury Police Department - Related Superior Court Decision 5/27/09
Rossi, Cully v. Duxbury Police Department - Related Appeals Court Decision 5/18/10
Rossi, Cully v. Duxbury Police Department - Related Superior Court Decision 5/27/10

Commission Decision Affirmed.
Ryan, Shawn v. Town of Needham 2/1/07
Safford, Scott v. Town of East Longmeadow 5/14/09

1-day suspension upheld for improperly accessing a citizen's criminal record history.
Sanger, Jonathan v. City of Gloucester 9/17/09

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.
Santiago, Ricky v. City of Lawrence 6/21/07
Sarantos, Antonio v. Department of Correction 10/19/06
Scanlan, William v. Department of Correction 8/7/08
Scanlon, Pamela v. Department of Correction 7/23/09

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.
Schiavone, Joseph v. City of Medford 8/14/08
Schiavone, Joseph v. City of Medford - Related Superior Court Decision 6/19/09
Schiavone, Joseph v. City of Medford - Decision on Remand 11/12/09

Commission clarified its decision for upholding the 1-year suspension against the Appellant after decision was remanded by Superior Court.
Schiavone, Joseph v. City of Medford 10/9/11 - Related Superior Court Decision
Schiavone, Joseph v. City of Medford - Related Appeals Court Decision 3/12/13 file size 1MB
Sharpe, George v. Town of Arlington 6/21/07
Shea, Timothy v. City of Boston 2/10/11

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.
Shewchuk, Michael v. City of Holyoke 5/8/08
Silvia, James v. Department of Correction 11/12/09 file size 1MB

DOC 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.
Simmons, David v. Department of Conservation and Recreation 6/14/12
Skrycki, Barbara v. Town of Braintree 2/8/07
Skwira, Shattuck and Wilson v. City of Holyoke 4/2/09 (Affirmed by Superiour Court on 10/14/10)

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.
Skwira, Shattuck and Wilson v. Holyoke Police Department - Related Superior Court Decision 10/14/10
Smith, Thomas v. Boston School Department 3/8/07
Smith, Tyrone v. Boston Police Department 10/11/07
Smith, Tyrone v. Boston Police Department - Related Superior Court Decision 3/9/09

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.
Solomon, Joseph v. City of Methuen 7/29/10
Solomon, Joseph v. City of Methuen - Related Superior Court Order 9/30/10
Solomon, Joseph v. City of Methuen - Related Superior Court Decision 7/26/12 file size 3MB
Souza, A. Marshall v. Town of Billerica 7/10/08
Steever and Gore v. Department of Correction 9/23/10

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.
Stockman, John v. Department of Medical Assistance 8/23/07
Stone, Paul v. City of Lynn 7/28/11

By a preponderance of the evidence, the City proved that the Appellant was insubordinate. 1-day suspension upheld; appeal dismissed.
Suarez, Michael v. Department of Correction 9/23/10

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.
Suarez, Michael v. Department of Correction - Related Superior Court Decision 12/21/12
Suarez, Shayne v. Department of State Police 01/08/09
Sullivan, Denis v. Boston Fire Department 7/12/12
Sullivan, John v. Department of Correction - Related Superior Court Decision 2/17/12
Sullivan, Bernadette v. City of Somerville 11/15/07
Sullivan, Kevin v. City of Taunton 2/5/09
Swanson, Philip v. Fall River School Committee 2/10/11

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 - Related Superior Court Decision 3/22/11
Sweet, Brian v. Department of State Police - Related Appeals Court Decision 8/24/12
Sweet, Brian v. Department of State Police Suspension and Transfer 12/10/09 (Affirmed by Superior Court on 6/17/11) file size 1MB

The 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.
Sweet, Brian v. Department of State Police - Related Superior Court Order 6/28/12
Sweet, Brian v. Department of State Police - Related Superior Court Decision 6/17/11
Sweet, Brian v. Department of State Police - Related Appeals Court Decision 3/22/13
Sylvia, Kevin v. City of New Bedford 9/23/10 file size 1MB

There was reasonable justification to discpline the Appellant. Appeal dismissed.
Tavares, Bruce v. Fall River Police Department 5/17/07
Thornton, Barry v. Town of Andover 4/9/09 (Section 42 Decision Reversed)

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.
Thornton, Barry v. Town of Andover - Related Superior Court Decision 4/14/10
Thornton, Barry v. Town of Andover - Related Appeals Court Decision 9/21/11
Timperley, William v. Town of Burlington 7/1/10

The Town has shown that the Appellant's misconduct justified a 3-day suspension. Discipline appeal dismissed.
Timperley, WIlliam v. Town of Burlington 10/21/10

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 1MB

City 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
Tobias, Jeffrey v. City of Newton (on reconsideration) 1/27/11
Tosca, Jeffrey v. Department of Correction 2/26/09
Townsley, Michael v. Town of Greenfield 4/8/10 file size 2MB

The 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.
Travers, Kenneth v. City of Taunton 7/3/08
Turner, Toby v. City of Cambridge 1/28/10

The City was justified in terminating the Appellant for insubordination and threatening behavior after a lengthy disciplinary history. Disciplinary appeal dismissed.
Waiyaki, Joseph v. Department of Mental Retardation 5/1/08
Ung, Dararith v. City of Lowell - Related Superior Court Decision 7/19/12
Ung. Dararith v. Lowell Police Department 11/3/11

The Lowell Police Department had just cause to terminate the Appellant as a police officer for his misconduct.
Valeri, John v. City of Lynn 12/13/12
Walsh, James v. Department of Correction 11/3/11 file size 1MB

DOC had just cause to terminate the Appellant for his misconduct.
Waugaman, Mark v. Town of Falmouth 5/31/12
Weinrebe, Joel v. Department of Correction 11/29/07 (CSC Decision Affirmed by Superior Court on 9/17/09)
Weinrebe, Joel v. Department of Correction - Related Superior Court Decision 9/17/09

Superior Court affirmed CSC's decision upholding the Appellant's termination as a correction officer.
Wetteland, David v. Department of State Police 1/27/11

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.
White, James v. Wareham Police Department 1/15/09
Wielgus, John v. Town of Westfield 10/9/08
Wigglesworth, Michael v. City of Pittsfield 1/25/07
Williams, Frank v. Boston Police Department 9/13/07
Williams, Shelley v. Department of Correction 8/12/10 file size 1MB

DOC was jusitifed in suspending the Appellant, a superior officer, for 1 day, for making inappropriate comments to a subordinate. Appeal dismissed.
Yahoub, Thomas v. Milton School Department 2/8/07
Yee, Stanley v. Boston Public Library 4/22/10

There was reasonable justification for terminating the Appellant for urinating on the walls at work on two different occassions.
York, Heather v. Department of Correction 5/1/08
Zachary, Aaron v. Department of Correction 6/14/07
Zachary, Aaron v. Department of Correction - Related Superior Court Decision 12/31/08
Rego, Tony v. Town of Maynard 4/4/13

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Discipline Appeal Decisions O-Z

O'Connor, Thomas v. Newton Public Schools 9/8/11 file size 1MB

Orr, Raymond v. Town of Carver 4/21/11 file size 2MB

Page, Perry v. Department of Correction 11/4/10 file size 1MB

Perron, William v. Department of Correction 11/12/09 file size 1MB

Phillips, Kris v. Town of Hingham 3/24/11 file size 1MB

Pinto, Robert v. Department of State Police 3/8/12 file size 1MB

Roach, Jr., William v. Department of Correction 1/28/10 file size 1MB

Rodriques, Baron v. Department of Correction 11/12/09 file size 1MB

Rodrigues, Tony v. Department of Correction 1/28/10 file size 1MB

Schiavone, Joseph v. City of Medford - Related Appeals Court Decision 3/12/13 file size 1MB

Silvia, James v. Department of Correction 11/12/09 file size 1MB

Solomon, Joseph v. City of Methuen - Related Superior Court Decision 7/26/12 file size 3MB

Sweet, Brian v. Department of State Police Suspension and Transfer 12/10/09 (Affirmed by Superior Court on 6/17/11) file size 1MB

Sylvia, Kevin v. City of New Bedford 9/23/10 file size 1MB

Tobias, Jeffrey v. City of Newton 11/12/09 file size 1MB

Tinker, Robert v. Boston Police Department 11/3/11 file size 1MB

Townsley, Michael v. Town of Greenfield 4/8/10 file size 2MB

Walsh, James v. Department of Correction 11/3/11 file size 1MB

Williams, Shelley v. Department of Correction 8/12/10 file size 1MB

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