Civil Service Decisions

The Commission upheld the promotional bypass of a police sergeant who had a consistent history of discipline over the course of his career as compared to the lower ranked candidate who had no disciplinary history, finding just cause to bypass him for promotion.

The Commission upheld the bypass of a candidate for municipal police officer based on a preponderance of the evidence showing that the candidate had not been truthful about his involvement in alleged criminal activity committed at the premises where he lived.

the Commission has exhausted its ability to exercise extraordinary relief pursuant to Chapter 310 of the Acts of 1993, the source of the Commission’s equity powers.4 The Appellant’s passivity or nonresponsiveness over the past year has led to a situation in which the Appellant is now 5 years older than the max age.

The Commission denied the bypass appeal of a candidate for appointment to the position of municipal police officer whose recent pattern of poor judgment in the three years preceding the bypass, including an OUI and negligent operation of motor vehicle while uninsured, reasonably justified his bypass.

The Commission allowed the bypass appeal of a military veteran seeking appointment as a firefighter with the Brockton Fire Department based on the appointing authority’s erroneous conclusions that the Appellant did not qualify for residency preference and had been less than truthful regarding his claim to residency

The Superior Court affirmed the Commission's decision to deny the Appellant's promotional bypass appeal.

The Commission dismissed the Appellant’s promotional bypass appeal as no bypass occurred. Rather, the Appellant was not selected by DOC for a provisional appointment to the position of Recreation Officer II.

While the Appellant had received a number of favorable performance reviews from his current employer, the Department of Correction had reasonable justification to bypass him on the basis of an extensive history of discipline and his ineligibility to obtain a license to carry a firearm

The Commission dismissed the Appellant’s bypass appeal based on the fact that he was ineligible for appointment as a Taunton police officer as the City has accepted those provisions of the civil service law setting a maximum age restriction of 32 regarding the appointment of police officers.

the Town Manager ultimately conducted a fair, thorough review and provided sound and sufficient reasons for bypassing the Appellant for the positions of police Lieutenant and Captain in the Town of Plymouth’s Police Department.