Based on the parties motions, opposition, oral argument, subsequent electronic messages, and reasonable inferences therefrom; taking administrative notice of all other matters filed in the case including, without limitation, documents provided by the Human Resources Division (hereinafter HRD); and taking administrative notice of pertinent statutes, regulations and policies; a preponderance of the evidence establishes as follows: 1. Mr.

2005, Appellant has not tions (stipulation of the been the subject of any anger-based warnings or allega parties). copy of the City of Medford's On or about July 7, 2004, the Appellant received a Policy Statement Equal Employment Opportunity & Sexual Harassment ). parties ("Policy") dated July 7, 2004 (stipulation of the ant attended a mandatory In addition, all city employees including the Appell designed to explain the training session with the Human

On October 10, 2008, DEP, along with all state agencies, received correspondence from the states Human Resources Division (HRD) outlining the steps that must be taken to effectuate layoffs due to anticipated budget cuts. (Exhibits 6 & 6A) 5. Thomas Massimo, DEPs Acting Deputy Commissioner for Administrative Services, testified that DEPs funding was reduced by 8.9%, or approximately $4 to $5 million in FY09. (Testimony of Massimo) 6. Mr.

Baye), pursuant to the provisions of G.L. c. 30, s. 49, filed an appeal with the Civil Service Commission (Commission), appealing the November 30, 2017 decision of the states Human Resources Division (HRD) in which HRD affirmed UMASS Amherst (UMASS)s denial of her request to be reclassified from Clerk III1 to Administrative Assistant I (AA 1). 1 UMASS Amherst reclassified Ms. Baye from Clerk III to Clerk IV. Ms.

Bowman DECISION On March 20, 2019, the Appellant, Herrio Lamothe (Appellant), pursuant to G.L. c. 30, 49, filed an appeal with the Civil Service Commission (Commission), contesting the decision of the states Human Resources Division (HRD) to deny his request for reclassification from Civil Engineer I (CE I) to Civil Engineer II (CE II) at MassDOT. On April 16, 2019, I held a prehearing conference at the offices of the Commission.

Cioffi took the March 2019 examination for entry-level municipal police officer administered by the Massachusetts Human Resources Division (HRD) and received a passing score of 92. His name appeared on the eligible list established by HRD on September 1, 2019. (Stipulated Facts) 3. Mr. Cioffi first applied for appointment as an SPD Police Officer in September 2019.

On March 23, 2019, the Appellant, Johnny Denis, took and passed the civil service examination for entry-level police officer administered by the Massachusetts Human Resources Division (HRD). His name was placed on the eligible list for police officer established on September 1, 2018. (HRD Submission dated May 12, 2019) 2.

On September 1, 2019, the states Human Resources Division (HRD) established an eligible list for Springfield police officer. (Stipulated Fact) 5 Edward Van Zandt was promoted to sergeant in September of 2021. Despite holding a lower rank at the time he submitted the Appellants 2020 background summary report, he is referred to herein as Sergeant Van Zandt.

By letter dated March 23, 2017, New Bedford Mayor Jonathan Mitchell, the appointing authority for the NBPD, requested approval from the Massachusetts Human Resources Division (HRD) to bypass Mr. Lima and remove his name from the current eligible list for future consideration for appointment to the NBPD, pursuant to Personnel Administration Rule PAR.09.

On November 1, 2015, the states Human Resources Division (HRD) issued an eligible list to the Respondent to hire two (2) police officers based on the results of the April 2015 police officer civil service exam. (Stipulation) 8. HRD issued certification #03462 for appointment of police officers in the Town on December 15, 2015. Five (5) candidates signed this certification indicating that they would accept employment if they were appointed. Mr.