On February 28, 2014, Superior Court Judge Paul D. Wilson issued a decision in which he found that it is not “practicable” for the state’s Human Resources Division (HRD) to delegate to cities and towns its authority to review and approve bypass reasons under G.L. c. 31, s.27. Malloch v. Town of Hanover, SUCV2013-01169 (2014). While the decision has been appealed, if upheld, it will have real life consequences on the civil service appointment process.
At issue in the case is the HRD’s authority to delegate its responsibility to “receive” written statements of a city or town’s reasons for a bypass. Chapter 31, section 27 provides that in order to bypass a candidate, an appointing authority must immediately file a written statement of reasons for the bypass. Since September 2009, the HRD has delegated its functions under s. 27 to the local appointing authorities.
In its decision, the court agreed with the plaintiff’s position that HRD’s failure to perform a substantive review of the Town’s bypass reasons and the delegation of its obligations under G.L. c. 31, s. 27, was inconsistent with state law. According to the court, “it is illogical for the statutory scheme to allow the Town to review and approve its own statement of reasons.” The court remanded the case back to the Civil Service Commission and the HRD with instructions that the Town “is to file its statement of bypass reasons with the Human Resources Division, which is to decide whether to approve those reasons after a substantive review.”
With the appeal pending, it is unlikely that the lower court’s decision will result in any immediate changes in how cities and towns handle bypasses. We will continue to monitor this situation and keep you informed of any changes.
