The Appellant alleges that the awarding by the Human Resources Division (hereinafter HRD) of two (2) points for veteran status to Lt. Capello, after the competitive promotional examination, enabled Lt. Capellos name to be placed higher on the list, thus, bypassing the Appellant for promotion. The Civil Service Commission (hereinafter Commission) scheduled a Pre-Hearing Conference on this appeal for March 16, 2006.

Although the title of Technical Support Specialist is not listed in the Municlass Manual maintained by the states Human Resources Division (HRD), both parties have stipulated that the Appellant was provisionally appointed to this position and that he was a provisional employee at the time of his termination. 1 The Appellant was terminated for performance-related reasons.

In 2008, the Appellant took and passed another civil service examination for firefighter in Springfield which was administered by the states Human Resources Division (HRD). 4. As aresult of the Appellants score and his status as a disabled veteran, his name appeared at or near the top of an eligible list of candidates for firefighter in Springfield. 5.

The Appellant, Matthew Berryman, took and passed the civil service examination for municipal police officer (with a score of 96) administered on June 15, 2013 by the Massachusetts Human Resources Division (HRD). Mr. Berryman qualified for disabled veterans status and his 1 name was placed on the eligible list established on November 1, 2013. (Administrative Notice [HRD Letter on File]; Stipulated Facts) 2.

Following the investigation, the BPD obtained permission from the Commonwealth's Human Resource Division (HRD) to 'bypass' Chermesino, see G. L. c. 31, 27, and proceeded to appoint other candidates. Chermesino then appealed his bypass to the commission.

Henderson Commissioner: DECISION ON MOTION TO DISMISS Pursuant to the provisions of G.L. c. 31, s. 2(b), the Appellant, Germano Depina (hereinafter the Appellant or Depina) seeks review of the Human Resources Divisions (HRD) decision in accepting reasons proffered by the Respondent-Appointing Authority, Boston Police Department (hereafter the Department, Appointing Authority or BPD), for the bypass of the Appellant for original appointment to the

Lott, counsel for the City, a representative of the Citys Human Resources Department and counsel for the states Human Resources Division (HRD). So called labor service positions are those jobs for which applicants do not have to take a competitive examination, and appointments are made on the basis of priority of registration.

Under Section 15 of Chapter 31, only a civil service employee with permanency may be provisionally promoted, and once such employee is so promoted, she may be 1 After the pre-hearing conferences, the states Human Resources Division (HRD) submitted email communication to the Commission confirming that the appointment in question was a provisional appointment.

Factual Background On October 18, 2005, the City forwarded the names of nineteen (19) candidates to be selected as police officer to the states Human Resources Division (HRD). The candidates were selected from civil service Certification No. 250131, which was issued to the City by HRD on February 16, 2005 and March 10, 2005.

By announcement 6358, in or about the summer of 2000, the Massachusetts Human Resources Division (HRD) announced that it had scheduled a "Departmental Promotional Examination" for the position of CPO III. On November 18, 2000, the Appellant took this examination and received a passing grade of 73. Following the examination, the Appellant was not appointed to a CPO III position and did not receive a bypass letter.