Human Resources Division One Ashburton Place, Room 211 Boston, MA 02108 (617) 878-9888 CERTIFICATE OF SERVICE I hereby certify that on November 7, 2016, I hereby caused a true and complete copy of the foregoing to be served by email on Counsel for the Union, Phillip Brown, Esq., at pbrown@afscme93.org and legaloffice@afscme93.org. /s/ Melissa A. Thomson

Pursuant to an agreement between the Appointing Authority and the Appellants union (MNA), the Human Resources Division (HRD) for the Commonwealth did reallocate all unlicensed Psychologists to the title of Psychological Assistant, effective June 3, 2003. The Appellant was then reallocated to the title of Psychology Assistant IV.(Testimony of Dill, Exhibit 1) .

The Appellant appended to his rebuttal brief a cover letter of February 24, 2012 from the Commonwealth Human Resources Division (HRD) to the Civil Service Commission enclosing documents related to this appeal. The documents were not submitted at hearing and are therefore marked A for identification. Methuen Fire Chief Steven Buote and Methuen Police Department Sergeant Stephen C. Smith testified on behalf of the City.

On November 1, 2011, the Appointing Authority notified the Human Resources Division and the Appellant of its decision to bypass the Appellant for positive and negative reasons. The positive reasons were the result of a favorable application by Robert C. DeNapoli, who had been number twenty four (24) on the list. The negative reasons were based upon the results of the Appellants background investigation.

As is the Commissions practice involving bypass appeals, prior to the prehearing conference, the Commission requested of the states Human Resources Division (HRD) that it provide documentation relating to the bypass that the Appellant appeals here. 1 HRD responded, providing certain documentation, which the Commission forwarded to the parties prior to the prehearing conference.

The Commission also received a submission from the Massachusetts Human Resources Division (HRD) on November 2, 2010 which took no position on the motion. FINDINGS OF FACT Giving appropriate weight to the documents submitted by the parties, and the argument presented by the Appellant and TMLP, and inferences reasonably drawn from the evidence, I find the following material facts to be undisputed: 1, The Appellant, Joseph T.

On July 1, 2003, the states Human Resources Division (HRD) certified civil service list number 230569 of eligible applicants for the position of police sergeant in the Town of Ludlow. (Exhibit 6) 4. The Appellant was ranked second among the five eligible candidates on Certification 230569 willing to accept the promotional appointment. (Exhibit 6) 5.

Taylor DECISION Pursuant to the provisions of G.L. c. 31, s. 2(b), the Appellant, Gregory Davis, (hereafter Davis or Appellant), seeks review of the Human Resources Divisions (HRD) decision to accept reasons proffered by the Appointing Authority, Boston Police Department (hereafter, Department or Appointing Authority), to bypass him for original appointment to the position of Boston police officer. The appeal was timely filed.

A September 24, 1997 letter from the Superintendent of the Boston Public Schools advised the HRD of the Commissions 1996 decision being upheld and requested that the HRD give the Appellant every 2 The Massachusetts Department of Personnel Administration is now the Human Resources Division (HRD). 3 possible consideration in the selection process and to make every effort immediately to provide a permanent Civil Service opportunity for which Rose Dello

The Human Resources Division (HRD) approved the Citys stated reasons for bypassing the Appellant. The City found the Appellants criminal record and 1 The Commission acknowledges the assistance of Legal Intern Kate Borgondy in the preparation of this Decision. interview performance strongly indicated he lacked judgment and maturity to qualify as a police officer.