Town of Stoneham, 25 MCSR 36, 38 (2012) (citing 15 Thames v. Bos. Police Dept, 17 MCSR 125, 127 (2004)); Soares v. Brockton Pol. Dept, 14 MCSR 109, 110 (2001); Brooks v. Bos. Police Dept, 12 MCSR 19, 20 (1999); Frangie v. Bos. Police Dept, 7 MCSR 252, 253 (1994). This is especially true when an applicant is seeking appointment to a public safety position. Campbell v. Bos. Fire Dept, 22 MCSR 489 (2009). Conclusion For the foregoing reasons, Mr.

Town of Stoneham, 25 MCSR 36, 38 4 Documents produced in the Investigation indicated that Zachary Prendergast was the only candidate who did not answer the question on the employment application form that asked if the applicant had used illegal drugs.

Town of Stoneham, 25 MCSR 36, 38 (2012) (citing Thames v. Bos. Police Dept, 17 MCSR 125, 127 (2004); Soares v. Brockton Police Dept, 14 MCSR 109, 110 (2001); Brooks v. Bos. Police Dept, 12 MCSR 19, 20 (1999); Frangie v. Bos. Police Dept, 7 MCSR 252, 253 (1994)).

Town of Stoneham. 39 MLC 1, 6 17 (2012); Massachusetts Board of Regents, 15 MLC at 1269. Without more, I find that the 18 City does not satisfy its affirmative defense, and the Association did not waive its 19 contractual rights to bargain over the Chiefs July 5, 2009 assignments of junior 20 Sergeants to the OIC position. 21 13 Central Berkshire Regional School H.O.

In support of this argument, the Union cites City of Fall River, 27 MLC 47 (2000); and Town of Stoneham and Stoneham Police Association, 2012 WL 3112362 MUP-09-5606.

The Unions potential reliance on cases like City of Fall River, 27 MLC 47 (2000); and Town of Stoneham and Stoneham Police Association, 2012 WL 3112362, MUP09-5606, is misplaced.

Town of Stoneham, 25 MCSR 36, 38 (2012), citing Thames v. Boston Police Dept, 17 MCSR 125, 127 (2004); Soares v. Brockton Police Dept, 14 MCSR 109, 110 (2001); Brooks v. Boston Police Dept, 12 MCSR 19, 20 (1999); Frangie v. Boston Police Dept, 7 MCSR 252, 253 (1994)). This is especially true when the applicant is seeking appointment to a public safety position, such as a firefighter. Campbell v. Boston Fire Dept, 22 MCSR 489 (2009).

Be well, Erin Erin Wortman Director of Planning & Community Development She/Her/Hers Why It Matters Town of Stoneham 35 Central Street Stoneham, MA 02180 http://www.stoneham-ma.gov/ Phone: 781.507.2445 _________________________________________________________________ Confidentiality Notice This electronic message and any attached files contain information from the Town of Stoneham that may be privileged and/or confidential.

Town of Stoneham, 25 MCSR 36, 38 (2012) (citing Thames v. Boston Police Dept., 17 MCSR 125, 127 (2004); Soares v. Brockton Police Dept., 14 MCSR 109, 110 (2001); Brooks v. Boston Police Dept., 12 MCSR 19, 20 (1999); Frangie v. Boston Police Dept., 7 MCSR 252, 253 (1994).

Town of Stoneham, 28 MLC 171 (2001). A charge of prohibited practice must be filed within six months of the alleged violation or within six months from the date the violation became known or should have become known to the charging party. Cambridge Health Alliance, 35 MLC 157 (2009).

Mark Russell, Esq. 271 Main Street, Suite 302 Stoneham, MA 02180 Appearance for Respondent: Siobhan E. Kelly, Esq. Department of State Police 470 Worcester Road Framingham, MA 01702 Commissioner: Christopher C.