Phillips, Esq., City Solicitor of the City of Westfield appealing the response of the Office of the Attorney General - Environmental Protection Division (AGO) to a request for public records. G. L. c. 66 1O(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Phillips requested a copy of: 1. All documents received or sent, including letters and emails relating to Smith, et al v.

City of Westfield, 23 MCSR 418 (2009), a police officers discharge was upheld based primarily on the officers dishonesty about a relatively minor infraction that occurred on his shift. Here, the BFD has found that an incumbent firefighter has been continuously untruthful during a departmental investigation regarding whether he authored a post with the n-word in it.

City of Westfield, Docket No. 2079CV0114 (Hampden Sup. Ct. 2020) (granting preliminary injunction to restore 111F benefits). See generally Jordan v. City of Lynn, 25 MCSR 100 (2012) (addressing distinction between civil service reinstatement rights of recovered disability retiree and reinstatement rights under retirement law over which Commission does not have jurisdiction). There is a scriveners error on page 47 of the Decision.

City of Westfield, 20 MCSR 305 (2007). The civil service records concerning the positions in question are not entirely clear. It appears that FRSC established most of the job descriptions, titles and classifications in the 1970s and 1980s and they have not been modernized much, if at all, in the past thirty years or reconciled to the current version of the MuniClass Manual. There seems to be considerable overlap among the relevant job titles.

Stein DECISION ON CROSS MOTIONS FOR SUMMARY DECISION The Appellant, Joseph Coach (hereinafter Appellant or Coach) filed this appeal with the Civil Service Commission (hereinafter Commission) on March 8, 2010 appealing the states Human Resources Divisions (hereinafter HRD) decision to deny the City of Westfields (hereinafter City or Appointing Authority) request to reinstate him as a permanent full-time firefighter.

The City of Westfield, located in Hampden County in Western Massachusetts, has a population of approximately 41,000. A three-member Police Commission serves as the Appointing Authority for the Citys Police Department. (https://www.cityofwestfield.org/242/Demographics) 2. The Citys Police Department is comprised of a chief, two captains, five lieutenants, nine sergeants, sixty-four full-time police officers and ten reserve police officers.

City of Westfield, 22 MLC 1394, 1404 (H.O. 1996), aff'd, 25 MLC 163 (1999). A past practice is a practice which is unequivocal, has existed substantially unvaried for a reasonable period of time and is known and is accepted by both parties. Town of Dedham School Committee, 5 MLC 1836, 1839 (1978). In the instant case, the former Chief of Police elected to expend grant funds by paying police officers overtime to perform foot patrols.

While the Board "inquires whether employees in the unit have a reasonable expectation that the practice in question will continue," City of Westfield, 22 MLC 1394, 1404, MUP-9697 (H.O. Month, Day 1996), affd, 25 MLC 163, 165 (April 20, 1999), it also looks to whether the "past practice is... unequivocal, has existed substantially unvaried for a reasonable period of time and is known and is accepted by both parties."

The Board's inquiry turns on "whether employees in the unit have a reasonable expectation that the practice in question will continue," City of Westfield, 22 MLC 1394, 1404, MUP-9697 (H.O. January 10, 1996), affid, 25 MLC 163, MUP-9697 (April 20, 1999), and whether the practice "is unequivocal, has existed substantially unvaried for a reasonable period of time and is known and accepted by both parties."

City of Lynn, 41 MLC 297, 301 (2015), citing, City of Westfield, 22 MLC 1394 (1996). Respondent has made no indication to the Union that the practice will change, and the Union has not asked Respondent if the practice will continue. Indeed, the only communication between the parties regarding the process has been the notifications sent to the Union indicating the date of the recall meeting.

City of Westfield, 7 MCSR 68 (1994) (length of service conceivably may properly tip the balance between closely matched candidates, but relying on years of service and time in grade generally represents double counting). Thus, Barrons years of service in the department and in grade had already been factored into the candidates ranking on the Certification.