The state Human Resources Division (HRD) Physicians Guide, Initial-Hire Medical Standards (Medical Standards), provides, medical protocol for examining physicians for their assessment of candidates who are applying for initial-hire, municipal police officer and firefighter positions.

Ct. 632, 635 (1995), rev. den., 423 Mass. 1106 (1996) (personnel administrator [then, Department of Personnel Administration, now the states Human Resources Division] (and Commission oversight) in bypass means not only formally to receive bypass reasons but to evaluate them in accordance with [all] basic merit principles). Candidates are entitled to be adequately, fairly, and equivalently considered.

DECISION Pursuant to the provisions of G.L. c. 31 2(b), the Appellant Jeffrey Cordeiro, Jr., seeks review of the Personnel Administrator's (Human Resources Division hereinafter "HRD") decision to accept the reasons of the Boston Police Department (hereinafter "Appointing Authority" or "BPD"), bypassing him for original appointment to the position of permanent fulltime police officer.

In this case, the Town proffered three reasons to the states Human Resources Division for bypassing the Appellant: 1) lack of supervisory experience; 2) a response to a question during the interview process; and 3) past performance as well as the positive reasons of the candidates selected.

Marino took and passed the promotional examination for Fire Captain administered by the Massachusetts Human Resources Division (HRD) in November 2018 and his name appeared tied for second on the Eligible List established by HRD on March 1, 2019. (HRD Letter dated 3/18/2021) 6. In January 2020, Lt. Marino was appointed as a temporary Captain of Ladder 2. As of February 15, 2020, he had served in that capacity for approximately 40 days.

By letter dated November 5, 2018, the Massachusetts Human Resources Division (HRD) informed North Attleborough that less than four applications were received from NAFD individuals eligible to take the HRD-administered written promotional examination for Fire Captain scheduled for November 17, 2018.2 Therefore, as required by G.L.c.31,59, the examination was postponed, to be rescheduled for a later date unless an alternative (i.e.

Deny WHEREFORE, the Respondent respectfully requests the Complaint be denied and dismissed with prejudice. 2 Respectfully Submitted, Commonwealth of Massachusetts, By its Attorney: /s/ Emily Sabo__________________ Emily Sabo Labor Counsel Human Resources Division 100 Cambridge Street, Suite 600 Boston, MA 02114 CERTIFICATE OF SERVICE I hereby certify that on March 31, 2022, I hereby caused a true and complete copy of the foregoing Answer to be served

Respectfully Submitted, /s/ Emily Sabo__________________ Labor Counsel Human Resources Division 100 Cambridge Street, Suite 600 Boston, MA 02114 Date: February 24, 2022 3 CERTIFICATE OF SERVICE I certify that on February 24, 2022, I provided a copy of this response and all attachments to Union Counsel, John Killian, Esq. by email. /s/ Emily Sabo__________________ 4

The longstanding practice for promotion to the ranks of Sergeant, Lieutenant and Captain has been the administration of a civil service examination conducted under the Mass Human Resources Division (HRD). The raw test score comprises as 80% of the final score. Specific training and experience accounts for 20% of the score.

On April 15, 2021, the Commonwealth of Massachusetts Human Resources Division (HRD) formally notified the City of the Chief of Police candidates Assessment Center examination scores. 13. On April 16, 2021, Russo notified Donovan that he would be a local community stakeholder in his capacity as Union president. 14.

On June 2, 2022, the Commonwealths Human Resources Division ~ Center of Expertise released their report where they found the claim to be unsubstantiated. On October 14, 2022, we held a meeting to discuss the unsubstantiated claim. However, we discovered that the report indicated that Mr. Roberts was found to be unprofessional. This was not mentioned in the letter that Mr. Roberts received.

On June 2, 2022, the Commonwealths Human Resources Division Center of Expertise released their report where they found the claim to be unsubstantiated. On October 14, 2022, we held a meeting to discuss the unsubstantiated claim. However, we discovered that the report indicated that Mr. Roberts was found to be unprofessional. This was not mentioned in the letter that Mr. Roberts received.

Jennifer Breaker, Director Human Resources Department Town of Ipswich September 3, 2015 Page 2 To that end, the Union also demands that the Town furnish all communications with the Human Resources Division (a/k/a Civil Service Unit) about the promotional process, including any proposals or approvals of the decision to change the promotional process, and any delegation agreement between the parties.