August 23, 2011 Respectfully Submitted For the Commonwealth By Its Attorney, ; CH PE HE LES Matthe Lipchitz OConnor Labor Counsel Human Resources Division One Ashburton Place, Room 207 Boston, MA 02108 617-878-9766 CERTIFICATE OF SERVICE The undersigned represents that a copy of the RESPONDENTS ANSWER has been served upon the following by first class mail, postage prepaid on August 23, 2011: Rebecca Mitchell, Esq.

Factual Background In 1979, the Department, with the approval of the Human Resources Division (HRD), established the Boston police cadet program. This program was established following the enactment of Chapter 174 of the Acts of 1978. Persons participating in the Boston Police cadet program must serve as cadets for at least two years, during which time they are to perform various administrative, police-related duties.

Losano, (hereafter Losano or Appellant) seeks review of the action of the states Human Resources Division (hereafter HRD) accepting reasons proffered by the Respondent, the Town of Swampscott (hereafter Appointing Authority, or Town) for permanently removing his name from the certification list for appointment as a reserve police officer in the Swampscott Police Department. The Appellant filed a timely appeal with the Commission.

Taylor DECISION Pursuant to the provisions of G.L. c. 31 2(b) Appellant, Michael Monagle (hereafter Monagle or Appellant), is appealing his bypass for an initial firefighters appointment with the City of Medford Fire Department (the Department) based on reasons approved by the Human Resources Division (HRD). The appeal was timely filed.

Henderson 1 DECISION Pursuant to the provisions of G.L. c. 30 49, the Appellant, Gina Hankerson (hereinafter Appellant) is appealing the February 1, 2008 decision of the Human Resources Division (hereinafter HRD) denying her request for reclassification from the position of Program Coordinator II (PC II) to the position of Program Coordinator III (PC III) in the Department of Revenue (hereinafter DOR or Appointing Authority).

Poland appealed the denial of her classification request to the Human Resources Division of the Commonwealth (HRD). (Exh.6A) 10. On April 28, 2008, HRD denied Ms. Polands appeal. (Exh. 7) ll. On May 7, 2008, Ms. Poland duly appealed to the Commission. Ms. Polands Work Unit 12. The Accounts Management Team comprises seven personnel: supervisor, Sr.

In 1998, the Massachusetts Human Resources Division (HRD) established what is called the Continuous Testing (ConTest) Program through which appointing authorities were authorized to make appointments to certain unassembled civil service positions based on a procedure for qualifying applicants who met certain minimum entrance requirements. (Motion Exhibits AA1, AA2; Methuens Rebuttal, Exhibits 7 & 8) 3.

Mailhots name appeared on the eligible list for police sergeant established by the states Human Resources Division (HRD) on May 15, 2009. An eligible list that contains the names of less than three (3) persons eligible for and willing to accept appointment is considered a short list which, under G.L. c. 31, 15, allows an appointing authority to make a provisional promotion until such time as a new eligible list is established.

FINDINGS OF FACT Based on the documents admitted into evidence and the testimony of: For the Appointing Authority: e James OGara, Personnel Officer Il, Human Resources Division, Department of Correction For the Appellant: s Christopher Manca, Appellant I make the following findings of fact: 1. 2. The Appellant is a graduate of Mt. Wachusett Community College.

Copies of any and all documents, reports, videos, emails, and/or notes or other written documentation or correspondence of any kind between the sheriffs office .I.U. and the Human Resources Division (HRD) regarding all investigations of ADS II Randall Witts and ADS I Paul Cardoso. As stated above, this request is made pursuant to G.L. c. 1S50E by the Union. It is neither a public records request nor a request for personnel information.