The Commission affirmed the decision of the Department of Correction (DOC) to bypass a candidate for promotional appointment to sergeant based on the undisputed fact that the candidate was and is physically unable to perform the essential function of the position.
The Commission declined the Petitioners’ request for investigation as nothing in the request warrants further investigation by the Commission into HRD’s decision to grant the requests of certain Lawrence Firefighters to take a make-up examination.
Bypass appeal dismissed. Based on the undisputed facts, the Appellant cannot show that he qualified for the residency preference for appointment as a Lawrence police officer.
