Under unique circumstances presented by the facts of this appeal, the Commission granted limited relief to a highly qualified candidate bypassed for appointment as a Fire Captain based on pending criminal charges for which he was acquitted a few weeks later after a much-delayed trial due to the closure of the courts.
The Commission dismissed the non-bypass equity appeal of an Amesbury police officer as his appeal was not timely filed with the Commission and because the same issues are currently pending before the Massachusetts Commission Against Discrimination (MCAD).
As there was no error or significant factor overlooked by the Commission in affirming the decision of the Boston Police Department to bypass a candidate for appointment to police officer, the Commission denied the candidate’s motion for reconsideration.
The Commission affirmed the decision of the Boston Police Department to bypass a candidate for police officer based on his failure to disclose all information regarding workplace discipline on his application and for providing contradictory information related to his employment with a tow company.
The Commission amended a 5-day suspension for the demotion which was urged by the Dracut Housing Authority in regard to a maintenance supervisor with management troubles and unprofessional conduct. The Commission noted the Appellant was not given a chance to correct his behavior to the necessary standards.
The Commission concluded it did have jurisdiction to hear the appeal of a Dracut Housing Authority employee who was demoted. The Commission interpreted the term “involuntary separation” in provisions that covered housing authorities at G.L. c. 121B, §29 to also include demotions.
