KP Law Labor Counsel to the Town of Belmont RE: Open Meeting Law Complaint Dear Attorney Maser: This office received a complaint from Edward Davison on May 18, 2021,1 alleging that the Belmont Fire Chief Screening Committee (the Committee) violated the Open Meeting Law, G.L. c. 30A, 18-25. The complaint was originally filed with the Town of Belmont (the Town) on March 12.

Wilcinski, (hereinafter Wilcinski or Appellant) secks review of the Personnel Administrators decision to accept the reasons of the Town of Belmont Fire Department (hereinafter Appointing Authority or Town,), as stated for bypassing him for ' The Commission acknowledges the assistance of Legal Intern Heather Coons in the preparation of this Decision. promotional appointment to the position of Fire Captain. The Appellant filed a timely appeal.

COLLECTIVE BARGAINING AGREEMENT Between TOWN OF BELMONT AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL888 Effective July 1, 2014 Expiring June 30, 2017 TABLE OF CONTENTS Page Preamble ........................................................................1 Article I Recognition..................................................................... I Article II Rights and Responsibilities...................................................

Town of Belmont, 19 MCSR 32, 34 (2006). However, Greeley is distinguishable from the instant case. In Greeley, the Commission concluded that the Town of Belmont violated the provisions of G.L. c. 31 15 by filling a promotional position provisionally although there was an active civil service eligibility list. That is not the case here.

RULING ON CROSS-MOTIONS FOR JUDGMENT ON THE PLEADINGS INTRODUCTION In September 2007, the Town of Belmonts (Belmont) appointing authority, Chief David L.

MacDonald), a firefighter for the Town of Belmont (Town), filed an appeal with the Civil Service Commission (Commission), contesting a determination by the states Human Resources Division (HRD) to not award him six (6) education and experience (E&E) credits for his bachelors degree on a promotional examination for Fire Lieutenant, administered by HRD on November 17, 2018. 2.

Town of Belmont, 15 388 388 Mass. 632, 635-36 (1982); School Comm. of Salem v. Civil Service Commn, 348 Mass. 696, 698-699 (1965); Shaw v. Board of Selectmen of Marshfield, 36 Mass.App.Ct. 924, 926, rev.den., 417 Mass. 1105 (1994); Somerville v. Somerville Mun. Employees Assn, 20 Mass.App.Ct. 594, 597 (1985).

RECEIVED MAR 1 62015 HUMAN AGREEMENT BETWEEN TOWN OF BELMONT AND .

Fax Number Employer's Address (street and no., city/town, state , and zip code) 644 Pleasant Street, Belmont, MA 024 78 5. Employer's Labor Relations Representative 6. James Pender 8. 61 7-993-5409 Email Address 7. Telephone Number jpender@morganbrown.com Employer's Representative's Address (street and no., city/town, state, and zip code) 617-523-6666 9. Fax Number Morgan Brown & Joy, 200 State Street, Boston, MA 02109 617-367-3125 10. 11 .

Fax Number Employer's Address (street and no., city/town, state, and zip code) 644 Pleasant Street, Belmont, MA 02478 5. Employer's Labor Relations Representative James Pender 8. 617-993-5409 ,6. 7. Telephone Number Email Address jpender@morganbrown.com 617-523-6666 Employer's Representative's Address (street and no., city/town, state, and zip code) 9. Fax Number Morgan Brown & Joy, 200 State Street, Boston, MA 02109 617-367-3125 10. 11 .