Discipline appeal denied. There was just cause for the MBTA Police Department to terminate the Appellant from his position as police sergeant for neglect of duty and untruthfulness related to an allegation of excessive force regarding a subordinate employee.
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 non-bypass equity appeal of a Holyoke police sergeant as his appeal was not timely filed with the Commission and because the alleged harm involved (being deprived of a permanent promotion while on military leave) was too speculative.
The Commission affirmed the original bypass of a Correction Officer candidate who had a lengthy history of disciplinary issues that involved insubordination and suggested a lack of self-control.
