In Crawford v, City of Leominster, Officer Crawford was terminated for engaging in insubordination, neglect of duty, and conduct unbecoming an officer. His behavior, which came about after being asked to correct a deficient police report, was captured on camera. The Chief viewed the footage and determined the behavior was also violent and aggressive. The [...]
In Kerr v. Boston Police Department, the Civil Service Commission (CSC) in a 3-2 decision upheld the bypass of a candidate for police officer based on untruthful answers during a background investigation. In its January 18, 2018 decision, the CSC rejected or set aside 5 of 7 reasons for bypass proffered by the BPD, ultimately relying [...]
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 [...]
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 [...]
The superior court chastises the Civil Service Commission in Town of Maynard v. Civil Service Commission, for demonstrating “a complete lack of recognition” that the power to impose penalties belongs to the Town.
Employers frustrated with injured police officers and firefighters who obstruct efforts to get them back to work, or retire, will applaud the recent Superior Court decision upholding the dismissal of a Lawrence Police Department (“LPD”) officer.
The Commonwealth Employment Relations Board rejected the Town of Plymouth’s argument that its cell phone policy did not need to be bargained to agreement or impasse due to its core managerial interest in preventing deadly accidents caused by distracted employees, but left open the possibility that is might be more to allowing an employer to implement a more narrowly drawn plan focused on safety.