.$65,000,000 443 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY 444 Department of Fire Services 445 8324-2019 For the study, preparation of plans and specifications, design, remediation, 446 demolition, construction, renovation and improvements, including furnishings and equipment, of 447 department of fire services facilities and grounds, including the establishment of a department of 448 fire services Southeastern Massachusetts firefighter training

.$65,000,000 443 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY 444 Department of Fire Services 445 8324-2019 For the study, preparation of plans and specifications, design, remediation, 446 demolition, construction, renovation and improvements, including furnishings and equipment, of 447 department of fire services facilities and grounds, including the establishment of a department of 448 fire services Southeastern Massachusetts firefighter training

Defendants MEMORANDUM AND ORDER ON THE PLAINTIFFS MOTION FOR JUDGMENT ON THE PLEADINGS Before the Court is the plaintiff City of Attleboros (the Citys) motion for judgment on the pleadings on its appeal of the order of the defendant Massachusetts Civil Service Commission (the Commission) invalidating the Citys decision to terminate the defendant William Dunn's (Dunn's) employment as a firefighter.

Falmouth v. Civil Serv. Commn., 447 Mass. 814, 824 (2006), citing Police Commr. of Boston v. Civil Serv. Commn., 39 Mass. App. Ct. 594, 600 (1996). It is not for the commission to assume the role of [the appointing authority], and to revise those employment determinations with which the commission may disagree." Burlington v. McCarthy, 60 Mass. App. Ct. 914, 915 (2004).

Deputy Fire Chief Jerrold Prendergast, who serves as the Fire Departments Chief of Administration, conducted the background investigation on all firefighter candidates. (Exhibit 1 and Investigation Findings) 12. Deputy Prendergasts son, Zachary Prendergast, was also a candidate for permanent, fulltime firefighter. Zachary Prendergast was ranked lower than Mr. Shelton on the Certification. (Exhibit 4 and Investigation Findings) 13.

Stein ORDER OF CLARIFICATION ON REMAND Pursuant to a Decision issued on July 29, 2021, the Commission overturned the termination of Thomas Swartz, a Bourne firefighter, and ordered him reinstated after finding that he had not been untruthful and had not intentionally misrepresented his actions regarding a medical call, as charged, and that his interaction with the patient in question and his mother during that call had been consistent with the standard

By Decision dated February 14, 2019 (Decision), the Commission unanimously voted: as the Town has failed to show just cause for terminating Firefighter Alston, the Commission hereby allows Firefighter Alstons appeal under Docket No. D116-170, reverses the action of the Town of Brookline and orders that Firefighter Alston be returned to his position without loss of compensation or other rights.

The Appellant took and passed the makeup exam for the position of firefighter that he was entitled to take as a returning veteran on September 11, 2009. (Exhibit 4) 2 5. Ordinarily, in order to be eligible for a residency preference in Somerville for the 2009 firefighter exam, he would have had to be a resident of Somerville during the one year period preceding the civil service examination. (G.L. c. 31, Section 58; Exhibit 4) 6.

King: Christopher Kane, Fire Captain, City of Westfield; Jon-Randle Quarles, Firefighter / Paramedic, City of Westfield; Eric Liptak, Firefighter / Paramedic, City of Westfield; Patrick Kane, Jr., Deputy Fire Chief, City of Westfield; Christopher King, Appellant; and taking administrative notice of all matters filed in the case and pertinent statutes, regulations, case law and policies, and reasonable inferences from the evidence, I find the following

Gargiulo/Rudnick, LLP 766 Falmouth Road, Unit A-6 Mashpee, MA 02649 RE: Open Meeting Law Complaint Dear Attorney Kelly: This office received a complaint from Amy Kates, dated January 25, 2017, alleging that the Cotuit Board of Fire Commissioners Union Negotiating Committee (the "Committee") violated the Open Meeting Law, G.L. c. 30A, 18-25.