Who are we?
- Who
should I contact if I have a question about applying for a civil
service position or exam?
- What
is the relationship between the Civil Service Commission and the
Massachusetts Human Resources Division?
- What
type of cases are heard before the Civil Service Commission?
Filing Information
- How
do I file an appeal to the Civil Service Commission?
- Is
there a deadline for filing appeals?
- How
can I obtain a copy of civil service laws?
Hearing Process
- What
happens after I send my appeal to the Civil Service Commission?
- What
can I expect to happen at a Pre-hearing Conference?
- What
can I expect to happen at a Full Hearing?
- What if I cannot be there on the day set for my hearing?
- Where are the Commission's hearings held?
- Do I need an attorney?
- How do I present my case at the Commission's Full hearing?
- Who will hear my case?
- Can I call the Hearing Officer or Commissioner to discuss
my case?
- Do I have a right to appeal the Commission's decision?
1. Who should I contact if I have a
question about applying for a civil service position or exam?
The Human Resources Division handles all
civil service examinations and lists. They may be reached at (617)
878-9895.
2. What is the relationship between the Civil
Service Commission and the Massachusetts Human Resources Division?
The Human
Resources Division (HRD) conducts, administers, maintains and certifies
civil service examinations and lists. HRD should be contacted at
(617) 878-9895 for all examination questions including registration,
scores, exam dates and locations, grades and placement on a civil service
list. The Civil Service Commission is the quasi judicial agency with
the statutory authority to oversee and rule on the actions of HRD that may
violate the basic merit principles outlined in Mass. General Laws, Ch.
31.
3. What type of cases are heard before the
Civil Service Commission?
Generally, the Civil Service Commission
hears bypass, disciplinary and reclassification appeals for public service
employees.
4. How do I file an appeal to the Civil Service
Commission?
Appeal forms are linked to the Civil Service
Commission home page. Please fill out the form completely including
the name and address of the parties and attach any relevant information
(i.e.: certification list, decision of appointing authority etc.). The
original appeal may be filed via mail at Civil Service Commission, 1 Ashburton Place,
Rm. 503, Boston, MA, 02108;
or in person. Effective December 1, 2006, any appeal that does not
include the appropriate fee (or waiver form) will be returned to the Appellant
or attorney who submitted it.
Copy the Appointing Authority and the
Personnel Administrator; Paul Dietl, Human Resources Division, 1 Ashburton
Place, Rm. 203, Boston, MA 02108. Maintain a copy for your
files.
Appeals can not be filed electronically.
5. Is there a deadline for filing appeals?
Disciplinary appeals must be filed within
ten (10) days of the Appointing Authority's decision. Bypass appeals
have a sixty (60) day filing time limit.
Effective December 1, 2006, any appeal that does not include the
appropriate fee (or waiver form) will be returned to the Appellant or
attorney who submitted it.
6. How can I obtain a copy of civil service
laws?
Chapter 31 of
the Massachusetts General Laws is linked to the Civil Service Commission
home page as are the Standard Adjudicatory Rules to
which the Commission adheres. The Standard Rules may also be found at
the Secretary of State's library or bookstore.
7. What happens after I send my
appeal to the Civil Service Commission?
Upon receiving an appeal it is docketed and
given a case number. Effective December 1, 2006, any appeal that does
not include the appropriate fee (or waiver form) will be returned to the
Appellant or attorney who submitted it. At that time, an appeal
acknowledgement is sent out to the parties. In most cases (excluding
reclassification appeals which go directly to full hearing) the case is set
up for a pre-hearing conference. At the pre-hearing conference the
parties clarify the issues in the case, exchange documentation and discuss
whether or not the parties can settle the matter. After a
pre-hearing, a Full Hearing is scheduled. Cases heard by a DALA
hearing officer must still be voted on by the Commission. At the Full
Hearing, both parties present their case through witnesses and
documentation. The parties may be asked to submit proposed decisions
or additional documentation. After the record is closed, a decision
is rendered. The decision is written up by the Commissioner/Hearing
Officer who heard the case.
8. What can I expect to happen
at a Pre-hearing Conference?
A Pre Hearing Conference is an informal session
where both sides present their issues. It is a prime opportunity to
explore the possibilities of settlement. Otherwise, both parties will
clarify the outstanding issues and determine how many witnesses and which
documents will be presented at the full hearing.
9. What can I expect to happen
at a Full Hearing?
A hearing is a tape-recorded formal procedure
and conduct of the parties must at all times be orderly. The parties
may offer at a hearing all relevant evidence and information as is deemed
appropriate and admissible under the rules of evidence to the
discretion of the Presiding Officer. Letters and affidavits may be
admitted into evidence at the discretion of the Commissioner or Presiding
Officer. At times, stipulations of fact agreed upon by the parties
may be regarded and used as evidence at the hearing.
You can expect that
witnesses from both sides will be called before the Presiding Officer and
shall be examined under oath. Information such as papers and
documents relevant to the case may be entered into the record for
consideration.
After testimony has been heard
and documents entered into evidence, the Presiding Officer may request
proposed decisions from the parties. The parties will receive a Civil
Service Commission written decision via first class mail.
10. What if I cannot be there
on the day set for my hearing?
A motion to continue must be mailed or faxed
to the Commission at least 30 days prior to the hearing date
You must send a copy of your request to continue to the other party.
Continuances will only be granted for extraordinary circumstances.
11. Where are the Commission's
hearings held?
Most Commission hearings are held at 1 Ashburton Place,
Rm. 503, Boston, MA. For directions click here.
The Division
of Administrative Law Appeals (DALA) will also continue to hear some
civil service appeals - including classification, bypass and disciplinary
appeals - at the discretion of the Chairman of the Civil Service
Commission. In order to maximize the use of hearing rooms, some of the DALA
hearings will be conducted at the new DALA offices at: 98 North Washington Street, 4th
Floor, Boston, MA 02114.
Parties will be notified well in advance if the hearing will be conducted
at DALA offices. As usual, any pre-hearing motions, including motions to
dismiss and requests for continuances, should be sent to the Commission,
even if the case is being heard by DALA. DALA's recommended decisions are
always forwarded to the Commission for review and vote. For directions to
DALA, click here.
12. Do I need an attorney?
You may have a representative or attorney to
present your case, but you are not obligated to have one.
13. How do I present my case at the
Commission's Full hearing?
This is your opportunity to tell your side
through documentation and witnesses. Once the hearing begins each side may
make a brief opening statement summarizing the essential points to be
proven. Both sides will have an opportunity to present witnesses. You will
also be able to conduct cross-examination of opposing witnesses. Documents
that support your claim may also be submitted as exhibits. The duration of
the Full Hearing will depend on how many witnesses will testify.
14. Who will hear my case?
The Chairman assigns a Commissioner or
Hearing Officer to hear the scheduled cases, which in most cases is a
member of the Civil Service Commission.
The Division
of Administrative Law Appeals (DALA) will also continue to hear some
civil service appeals - including classification, bypass and disciplinary
appeals - at the discretion of the Chairman of the Civil Service
Commission. In order to maximize the use of hearing rooms, some of the DALA
hearings will be conducted at the new DALA offices at: 98 North Washington Street, 4th
Floor, Boston, MA 02114.
Parties will be notified well in advance if the hearing will be conducted
at DALA offices. As usual, any pre-hearing motions, including motions to
dismiss and requests for continuances, should be sent to the Commission,
even if the case is being heard by DALA. DALA's recommended decisions are
always forwarded to the Commission for review and vote. For directions to
DALA, click here.
15. Can I call the Hearing Officer
or Commissioner to discuss my case?
No. You shall have the opportunity to discuss
the merits of your case at the Full Hearing.
16. Do I have a right to appeal the
decision?
Yes. You may file a motion for reconsideration
within ten days of receipt of a Commission order or decision.
Any party aggrieved by a final decision or
order may initiate proceedings for judicial review under section 14 of
Chapter 30(a) in the superior court within thirty (30) days after receipt
of the decision.
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