Discipline appeal allowed. Appointing Authority failed to show by a preponderance of the evidence that the firefighter was untruthful as part of an internal investigation. Termination overturned
After affirming the Commission's decision to overturn the termination of the Appellant, the Court sought clarification from the Commission regarding whether a lesser form of discipline was being recommended. This order clarifies that it was not.
The Commission allowed the bypass appeal of the Appellant as the City was unable to show a nexus between alleged misconduct from 21 years ago and his ability to serve as a police officer today.
The Appeals Court affirmed a Superior Court decision which held that the Commission was justified in re-opening an appeal based on compelling circumstances and affirming the decision of the State Police to terminate a State Trooper.
