Marc C. Darmofal and Frank M. Sniezek (herein the Appellants), then employed by the Town of Fairhaven as sworn police officers with the Fairhaven Police Department (FPD), appealed to the Civil Service Commission (Commission), pursuant to G.L. c. 31, § 2(b), to contest the Town’s failure to follow civil service law in making appointments to the positions of FPD Sergeant without regard to the then current civil service eligible list on which their names were ranked in first and second place. By Interim Decision in Darmolal & Sniezek v. Town of Fairhaven & HRD 5/15/2025 [Darmofal/Sniezek I], the Commission determined that the process used by the Town to purportedly remove the FPD (and the FFD) from the civil service system was flawed and ineffective and all appointments made by the Town to positions in the FPD (and FFD) have been, and remain to this date, subject to the requirements of the civil service law and rules. The Appellants correctly contend that they were unlawfully bypassed in violation of their civil service rights, by their non-selection for promotions to the positions of FPD Sergeant in violation of their civil service rights.
Pursuant to the Commission’s orders in Darmofal/Sniezek I, the Town filed the “Respondent’s Plan in Light of Commission’s Interim Decision” on June 13, 2025 and a supplementary email on June 24, 2025; the Appellants filed their “Proposed Interim Remedy of the Appellants, Marc Darmofal and Frank Sniezek”; and the New England Police Benevolent Association (NEPBA) filed a “Position of the NEPBA Regarding Remedies for Appellants and Impacted Union Members” on July 16, 2025, on behalf of the FPD officers that this union represented. On December 9, 2025, at the request of the Commission, the Town provided an updated report on the status of FPD and FFD hiring and promotions, which included information about the appointed candidates’ qualifications and backgrounds, prior civil service examination performance, and PAT testing.
In Darmofal and Sniezek v. Town of Fairhaven & HRD 12/18/25 [Darmofal/Sniezek II], the Commission allowed the Appellants’ appeals, in part, and ordered the Town to implement certain relief within 45 days of the issuance of the Decision in Darmofal/Sniezek II. However, the Commission directed the parties to confer prior to the 45-day deadline (later extended by consent) to explore whether they could agree on alternative form of relief and, if so, the Commission granted the Town the opportunity to file a motion for reconsideration for approval of such alternative relief.
On February 13, 2026, the Town duly filed the “Respondent’s Motion for Reconsideration”, which requested that the relief granted in Darmafol/Sniezek II (Relief Paragraphs 1, 3, 4 & 5) be modified to conform to the alternative relief set forth in the Town’s motion and as to which, the Town represented, all interested persons affected by the relief had agreed. The Commission has received no objections from any of the affected officers or firefighters. The Appellant Frank Sniezek strongly urges the Commission’s approval of the proposed relief.
The Motion for Reconsideration proposes the following alternative remedies:
- Relief to the Appellants. The Town requests that the Commission rescind its order to re-do the promotional appointment process and order promotional effective dates in the position of police sergeant to Janis Guerreiro and Jerome Penha, effective August 26, 2024; also Jerald Bettencourt and Wayne Mello, effective September 16, 2024. The Town additionally requests that the Commission order a promotional effective date in the position of sergeant to Marc Darmofal as of October 27, 2024. Upon promotion of Frank Sneizek to the rank of police sergeant, the Town requests that the Commission order an effective date of August 26, 2024 as to Frank Sniezek.
- FPD Police Captain. The Town intends to pursue removal from the civil service system via town ballot vote at the next Town election, scheduled for June 9, 2026. In the event that the Town is unsuccessful in removing members of the Town’s Police and Fire Departments from Civil Service via a ballot vote in June 2026 or through special legislation, the Town respectfully requests that Captain Gordon be allowed to serve as provisional Captain until a promotional exam can be conducted, an eligible list can be established, and a promotion can be made in accordance with Civil Service law. Since Captain Gordon’s name appeared on the promotional list for Lieutenant when Kevin Swain, Matthew Botelho and Tomothy Souza were promoted to Lieutenant, it is further requested that Captain Gordon be allowed to sit for the Civil Service exam for promotion to Captain.
- FPD New Hires. The Town requests that the Commission grant permanent Civil Service status to Fairhaven Police Department Patrol Officers: Patrick Claflin, Lindsay Halewood, Cooper Howel, Colby Nowicki, and Allisen Swisher, who were appointed on August 26, 2024. Pursuant to the Commission’s December 18, 2025 decision, the Town agrees that the next five Police Officer original appointments will be made from names on the eligible list or reserve roster in place at the time of the appointments of Claflin, Halewood, Howel, Nowicki, and Swisher, respectively, in compliance with all other civil service law and rules and any candidate bypassed for appointment for these five vacancies shall be entitled to bypass appeal rights and remedies, regardless of whether the Town successfully opts out of the civil service system, either through adoption of a ballot vote or by any other means.
- FFD New Hires. The Town agrees that the next seven Firefighter original appointments will be made from names on the eligible list or reserve roster in place at the time of the appointments of Johnson, Langlois, Oliver, Smith, Bongarzone, Miranda, and Piche, respectively, in compliance with all other civil service law and rules and any candidate bypassed for appointment for these seven vacancies shall be entitled to bypass appeal rights and remedies, regardless of whether the Town successfully opts out of the civil service system, either through adoption of a ballot vote or by any other means.
Conclusion
The proposed alternative remedial relief set forth in the Town’s Motion for Reconsideration is a thoughtful and reasonable solution which provides appropriate relief to those persons aggrieved by the Town’s prior violations of civil service law and acknowledges a commitment to preserving those rights regardless of whether the Town successfully opts out of the civil service system, either through adoption of a ballot vote or by any other means in the future. Accordingly, the Respondent’s Motion for Reconsideration is granted. It is hereby ORDERED:
The Commission’s Decision in Darmofal/Sniezek II (Docket Nos. G2-24-146 & G2-24-156) is modified by striking Relief Paragraphs 1, 3, 4 & 5 and substituting therefor the relief proposed by the Motion for Reconsideration as set forth in full above [save for the request for permanency of Colby Nowicki who it appears resigned during his probationary period].
Civil Service Commission
/s/Paul M. Stein
Paul M. Stein, Commissioner
By vote of the Civil Service Commission (Bowman, Chair; Dooley, Markey, McConney, and Stein Commissioners) on April 16, 2026, the Commission voted to accept all of the recommendations of the Presiding Officer and hereby orders such actions and relief as herein recommended.
Either party may file a motion for reconsideration within ten days of receipt of this Commission order or decision. Under the pertinent provisions of the Code of Mass. Regulations, 801 CMR 1.01(7)(l), the motion must identify a clerical or mechanical error in this order or decision or a significant factor the Agency or the Presiding Officer may have overlooked in deciding the case. A motion for reconsideration does not toll the statutorily prescribed thirty-day time limit for seeking judicial review of this Commission order or decision.
Under the provisions of G.L. c. 31, § 44, any party aggrieved by this Commission order or decision may initiate proceedings for judicial review under G.L. c. 30A, § 14 in the superior court within thirty (30) days after receipt of this order or decision. Commencement of such proceeding shall not, unless specifically ordered by the court, operate as a stay of this Commission order or decision. After initiating proceedings for judicial review in Superior Court, the plaintiff, or his / her attorney, is required to serve a copy of the summons and complaint upon the Boston office of the Attorney General of the Commonwealth, with a copy to the Civil Service Commission, in the time and in the manner prescribed by Mass. R. Civ. P. 4(d).
Notice to:
Joseph G. Donnellan, Esq. (for Appellants)
Richard Massina, Esq. (for Respondent)
Jane Medeiros Friedman, Esq. (for Respondent)
Hailey Ferguson, Esq. (for FFD Union)
Thomas E. Horgan, Esq. (for FPD Union)
Sheila M. Gallagher, Esq. (for HRD)
- In addition to the Appellants’ appeals, the Commission received two related Petitions filed pursuant to G. L. c. 31, §2(a) brought by the Appellants and certain other Petitioners requesting a broader investigation of the Fairhaven’s appointment and promotion of candidates to various other positions in the FPD and the FFD, allegedly also made without compliance with civil service law. (Re: Appointments and Promotions in the Fairhaven Fire and Police Departments, CSC I-23-251; Re: Darmofal et al v. Town of Fairhaven, CSC I-24-046). The Petitioners’ requests raised the same issues of law concerning the validity of the Town’s vote to remove the Town’s police and fire departments from Chapter 31. Accordingly, these requests for investigation were incorporated into the present appeals and the Petitioners added as participants. (See Darmofal/Sniezek I)
- The Commission requested this information in order to determine that the individuals hired by the Town for appointments to positions with the FPD and FFD meet the minimum qualifications prescribed by civil service law and that no undue influence, bias, or nepotism played a part in the selection of those candidates. After a careful review of the information supplied by the Town, the Commission was satisfied that these conditions had been met. (See Darmofal/Sniezek II)
- Darmofal/Sniezek II also ordered that the three promotions to FPD police lieutenant made in non-compliance with civil service law (prior to Darmofal/Sniezek I) be deemed permanent promotions as of the date of the promotions, as all of these candidates were on the existing eligible list at the time; they were within the statutory 2N+1 formula; and the one candidate (Joseph) who was potentially bypassed did not file an appeal with the Commission. (Darmofal/Sniezek II, Relief Paragraph 2) The Motion for Reconsideration did not request any modification to this relief and it continues in full force and effect as originally ordered.
- Colby Nowicki resigned during his probationary period effective June 16, 2025. (See Motion for Reconsideration, footnote 1).
