The Appellant was notified of his bypass for appointment by the Human Resources Division (hereinafter HRD) by letter dated February 25, 2005. As this appeal was filed on November 29, 2004, nearly two (2) months prior to the Appellants 1 bypass notification, the appeal is considered timely filed. A full hearing was held in the Commissions offices on June 26, 2007. Witnesses offering sworn testimony were not ordered to be sequestered.

Taylor DECISION Pursuant to the provisions of G.L. c. 31, s. 2(b), the Appellant, David Horte (hereinafter Appellant or Horte), is appealing the decision of the states Human Resources Division (HRD) to accept the reasons of the Respondent, (hereinafter Town or Appointing Authority), to bypass him for promotion to the position of sergeant. The appeal was timely filed.

On June 25, 2007, the Department notified the Massachusetts Human Resources Division (Human Resources) that it intended to bypass Kavaleski for employment as a police officer because she failed to meet the psychological criteria necessary for appointment. A.R. pg. 11. On September 17, 2007, Human Resources accepted the Departments reasons for bypassing Kavaleski. A.R. pg. 200. Kavaleski was then formally notified of the Departments decision.

Mazzola, (hereinafter Appellant) seeks review of the decision of the states Human Resources Division (hereinafter HRD) in accepting the reasons proffered by the City of Worcester (hereinafter Respondent or Appointing Authority) to bypass him for original appointment to the position of permanent, full-time police officer.

On April 21, 2005, the states Human Resources Division (HRD) certified civil service list number 250356 of eligible applicants for the position of police sergeant in the Town of Mansfield. (Stipulated Fact) 5. The Appellant achieved a score of eighty-seven (87) on the sergeants exam which was used to generate the above-referenced certification list. (Stipulated Fact) 6.

At hearing on January 5, 2010, the Human Resources Division (HRD) presented evidence through two witnesses, Tiffany Ampofo and Melvin Washington, while the Appellant testified on his own behalf and presented evidence through the testimony of Edward Acciardo. Seventeen (17) Exhibits were received in evidence. A digital recording of the hearing was also prepared. FINDINGS OF FACT Based upon the Exhibits and the testimony of Ms. Ampofo, Mr.

Stein DECISION ON MOTION TO DISMISS The Appellant, Jonathan McElroy, appealed to the Civil Service Commission (Commission) pursuant to G.L.c.31, 2(b) and 41-45, claiming that the City of Fall River Fire Department (FRFD) and the Massachusetts Human Resources Division (HRD) incorrectly calculated his seniority date, by failing to include his prior service as a Fall River Police Officer, which came to light in connection with the calculation of his

(D-05-113) The Appellant also seeks review of the decision by the Human Resources Division (HRD) in affirming the Respondents action. (D-04-424) The Appeal was 1 Although this appeal was filed under G.L. c. 31, 37, the Commission will also review the appeal under Section 2(b). timely filed. A full hearing was held on April 30, 2007 at the offices of the Civil Service Commission. Two (2) audiotapes were made of the hearing.

The Department is a delegated appointed authority; meaning it has the authority delegated from the personnel administrator for the Commonwealth, Human Resources Division or HRD to administer the selection process including the notification to the applicants of the reasons for bypass. (Stipulation of facts) . Fire Chief James Sheridan is the appointing authority for the Department.

On February 5, 2013, the Boston Fire Department informed the Human Resources Division of the Executive Office for Administration and Finance that it was bypassing Mr. Dunn for a firefighter position. (Ex. 6.) 22. On March 6, 2013, the Boston Fire Department informed Mr. Dunn that it was . bypassing him. (Ex. 7.) 23. Both the February 5 and March 6, 2013 letters noted that Mr.