In Starr v. Town of Medfield (December 22, 2016), the Civil Service Commission upheld the bypass of a police officer based on evidence that he smoked tobacco products during the application process.  Massachusetts prohibits its public safety employees from smoking on or off the job.  The decision rejected the appellant’s reliance on the HRD’s Personnel Administration Rule (PAR) that no one should be denied appointment for smoking tobacco products “prior to appointment”.   Essentially, the Commission’s decision is that “smokers need not apply.”  And claims of “I just quit smoking” will be closely scrutinized.

This case also affirms the discretion of the appointing authority–when appointing a candidate with a spotty employment record and/or ‘youthful indiscretions’–to credit a candidate for truthfully admitting those mistakes and for demonstrating that he or she has learned from them.  Exercising such discretion is not required.