May 24, 2012 Respectfully Submitted For the Commonwealth By Its Attorney, A 7 l:lizabet MWhitcher labor Counsel Human Resources Division One Ashburton Place, Room 207 Boston, MA 02108 617-878-9777 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 May 24, 2012. Richard Waring, Esq. 159 Burgin Parkway Quincy, MA 02169 Ze; lilizabeth M.

This article is applicable to all promotions except those reasonably anticipated to be for less than one year and its application in all cases is restricted to employees who possess the educational, training, and/or experience requirements established by the Human Resources Division or Employer for appointment to the relevant position This Article shall apply when promoting full-time employees to positions other than positions to be filled by appointment

Benitez took and passed the civil service examination for firefighter administered by the Massachusetts Human Resources Division (HRD). His name was placed on the eligible list established on September 1, 2018. He sought and received residency preference in Brockton, which required him to reside in Brockton continuously for one year prior to the examination (March 24, 2017 to March 24, 2018.) (Administrative Notice [ HRD Packet, Benitez v.

In September 2019, the states Human Resources Division (HRD) established an eligible list for Lawrence Police Officer. (Stipulated Fact) 14. On July 17, 2020, HRD issued Certification No. 07226 to the City. The Appellant was ranked ninth among those willing to accept appointment and the City ultimately appointed 26 candidates, 14 of whom were ranked below the Appellant. (Stipulated Facts) 15.

On October 25, 2015, the states Human Resources Division (HRD) established an eligible list of candidates for Boston police officer. 3. On February 22 and March 2, 2017, HRD, at the request of the BPD, sent Certification No. 04401 to the BPD, from which 130 candidates were selected for appointment. 4. The Appellant was ranked 72nd among those candidates. 5.

For that reason, the City appointed only six (6) candidates from Certification No. 05861 and asked the states Human Resources Division (HRD) to keep the Appellant in a referred status on Certification No. 05861. All six candidates appointed from Certification No. 05861 were ranked below the Appellant. (Testimony of Lavita) 10. On March 23, 2019, the Appellant took another civil service examination for police officer and received a score of 89.

On February 11, 2019, the states Human Resources Division (HRD) sent Certification 06084 to the DOC, from which DOC sought to hire a number of CO 1s; the Appellant ranked 57th. (Stip. Facts). 5. The Appellant submitted his application to the DOC on March 21, 2019. (Resp. Ex. 8). The instructions on the second page of the application are to answer every question fully and accurately. (Id.)

The defendant requested the Human Resources Division (HRD) to send Certification 01903 (the Certification) on June 26, 2014, and the defendant would select the first thirty-five candidates to fill the position of Police Officer. The plaintiff's name was ranked 44" on the Certification. The plaintiff signed the Certification to indicate his continued interest in the position. Thereafter, he ?

On October 2, 2015, the states Human Resources Division (HRD) established an eligible list of candidates for Boston police officer. 4. On May 4, 2016, HRD, at the request of the BPD, sent Certification No. 03766 to the BPD, from which the BPD ultimately appointed eighty (80) police officers. 5. Mr. Owens was ranked 65th among those candidates willing to accept appointment as police officer on Certification No. 03766. 6.

Pursuant to its authority under Chapter 310 of the Acts of 1993, the Commission hereby orders the states Human Resources Division and/or the Department of Corrections in its delegated capacity to take the following actions: 14 1.