On August 9, 2022, I held a remote prehearing conference which was attended by counsel for the Appellants, counsel for the City, the Citys Human Resource Director, co-counsel for the states Human Resources Division (HRD) and Appellant Mawn.

Commonwealth of Massachusetts Human Resources Division 100 Cambridge Street, Suite 600 Boston, MA 02114 (617) 878-9888 melissa.thomson@mass.gov CERTIFICATE OF SERVICE I hereby certify that on August 15, 2022, I hereby caused a true and complete copy of the foregoing Answer to be served by email on Counsel for the Union, Peter Perroni, Esquire. 2

Marra, Esq. 617-727-3555 Address (street and No., city/town, state, and ZIP code) 5, Fax Number Human Resources Division, One Ashburton Place, Room 301, Boston, MA 02108 617-727-1477 6. 7. Representative to contact 9. Telephone Number Ellaina McDowell 617-924-8509 Employee Organization (if any): Service Employees Int'l. Union, Local 509 8.

Telephone Number 617-272-3555 5, Fax Number Human Resources Division, One Ashburton Place, Boston, MA 02108 617-727-1477 6. 7, Representative to contact 9. Telephone Number Jillian Ryan 617-367-7200 | Employee Organization (if any): SEIU, Local 509 8. Address (street and No., city/town, state, and ZIP code) Pyle Rome Ehrenberg, PC, 2 Liberty Square, 10th Floor, Boston, MA 02109 10. Fax Number 617-367-4820 11.

Address (street and No., city/town, state, and ZIP code) Human Resources Division, One Ashburton Place, Boston, MA 6. Employee Organization (if any): SEIU, Local 509 8. 4. Telephone Number 617-727-3555 5. Fax Number 02108 7, Representative to contact Jan O. Russell, Esq. Address (street and No., city/town, state, and ZIP code) Pyle Rome Ehrenberg PC, 2 Liberty Square, 10th Floor, Boston, MA 02109 617-727-1477 9, Telephone Number 617-367-7200 10.

CIVIL SERVICE COMMISSION Defendant MEMORANDUM OF DECISION AND ORDER ON THE PARTIES CROSS- MOTION S FOR JUDGMENT ON THE PLE ADINGS This is an action by plaintiff John Kell ey against the defendant Civil Service Commission, challenging the defendan ts decision to uphold the Commonwea lths Human Resources Division (HRD) in its denial of a certification to permit his promotio n to the rank of sergeant.

This list was generated by the Human Resources Division of the Commonwealth of Massachusetts (the HRD), pursuant to a Delegation Agreement (the Agreement) entered into with the City of Lowell. Pursuant to the Agreement, HRD was to develop an assessment center to compile a list of eligible individuals by rank and in accordance with exam scores and statutory preference for the position of lieutenant. (Compl. Ex 1).

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On June 15, 2020, the states Human Resources Division (HRD) established the eligible list for CPO C. b. DOC subsequently created Certification No. 08968, on which the Appellant was ranked eighth among those willing to accept appointment. c. Fifteen candidates were promoted, including eight ranked below the Appellant.

On December 11, 2020, the states Human Resources Division (HRD) notified the Appellant that he received a passing score on Lowells 2020 Police Lieutenant Sole Assessment Center. 4. On January 1, 2021, HRD established the eligible list for Lowell Police Lieutenant. On January 1, 2023, the eligible list was extended. 5.