A continuance without a finding (CWOF) received by a Boston Police candidate as a teenager, was not a reasonable justification for his bypass ten years later. Finklea v. Massachusetts Civil Service Commission, et al., Civil Action No. 1784CV00999 (February 9, 2018). The superior court decision affirms the Civil Service Commission’s (CSC) determination that the “single, stale” CWOF was not a [...]
In Daniel Zaiter v. Boston Police Department, the Superior Court overturned a decision by the Civil Service Commission and held the Boston Police Department (BPD) had reasonable justification for bypassing Zaiter for a position as a Boston police officer based on two events that had occurred 20 years earlier, in 1995. The first was his [...]
Massachusetts Civil Service Reporter Management Commentary by Philip Collins, Esq. and Melissa R. Murray, Esq. Collins, Loughran & Peloquin, P.C. IN THE COURTS Appeals Court Affirms Boston Police Drug Testing Decision In Thomas, et al. v. Civil Service Commission and Boston Police Department (October 7, 2016), the Appeals Court was tasked with reviewing the [...]
Massachusetts Civil Service Reporter Management Commentary by Philip Collins, Esq., Tim Norris, Esq. and Melissa R. Murray, Esq. Collins, Loughran & Peloquin, P.C. IN THE COURTS Appeals Court Affirms Bypass of Candidate When Appointing Authority Provided Sufficient Reasons for Bypass In Henderson v. Civil Service Commission, 2016 WL 3677278 (Mass.App.Ct. 2016), the Massachusetts Court of [...]
Massachusetts Civil Service Reporter Management Commentary by Philip Collins, Esq., Tim Norris, Esq. and Melissa R. Murray, Esq. Collins, Loughran & Peloquin, P.C. IN THE COURTS Superior Court Upholds Commission’s Decision to Terminate North Adams Police Sergeant Who Aided Criminal Informant Readers may recall the Commission’s 2015 decision in Foley v. City of North Adams, [...]
HRD's Delegation To Local Appointing Authorities To Issue And Receive Bypass Letters Deemed Permissible, And Flawed Selection Process Not Fatal To Promotion Bypass Decision Ultimately Based On The Merits In two promotion bypass cases decided on September 24, the Supreme Judicial Court (SJC) upheld the streamlined way that bypass letters are issued and made it [...]
Employers are risking more than the employee being placed at the top of the next list when they rely on a faulty psychological evaluation to bypass an applicant for police officer. A Superior Court decision issued in August in Boston Police Department v. Kavaleski et al. ruled that the City of Boston was liable for [...]
Superior Court decision calls into question the HRD’s 2009 delegation of its functions under s. 27 to local appointing authorities.