Sitar took the two (2)-part civil service examination for firefighter and received a score of 97. (Stipulated Facts) 39. On March 3, 2015, Mr. Sitar was required to complete an application for the firefighter position listing his employment experience, references, educational and/or military training, special skills and qualifications, certification and release form, and finally a CORI request form. (Exhibit 6) 40. On February 27, 2015, Mr.

If the FRFD had not counted the prior service of the Retained Firefighters as civil service employees in positions other than as firefighters in the FRFD, the Retained Firefighters would have less seniority that the Appellants and the FRFD would have selected the Retained Firefighters, not the Appellants, for layoff.

He had previously been employed as a firefighter for the City. Prior to becoming a firefighter, he served in the United States Marine Corps for four years. (Testimony of Appellant) . Sergeant Kevin Medas (hereinafter Sgt. Medas) has been employed by the Taunton Police Department since 1984. He is the Sergeant Supervisor in charge of community policing and grants for the Department, a position that he has held for eight (8) years.

He is thirty-three years old and had been employed by the City for less than six years as a firefighter prior to his termination by letter dated August 9, 2010. (Exhibit 4) 2. Prior to his termination, the Appellant was involved in several incidents, on and off duty. These incidents involved the abuse of alcohol and prescription drugs. (Testimony of the Appellant and Mazzerella) 2 3.

The Charging Party is an employee organization within the meaning of Section 1 of the Law that represents certain employees of the Commonwealth, including State Firefighters. 3. The Charging Party and the Respondent are parties to a collective bargaining agreement (CBA). Attachment 1, Unit 2 CBA. 4. The CBA contains the Commonwealths Employment Standards (CES) for all Bargaining Unit 2 employees.

See generally, Falmouth v. Civil Service Commn, 447 Mass. 814 (2006) (appointing authority may draw adverse inference from failure of employee to testify on his or her own behalf in discharge case when hearing is required prior to imposing discipline).

The Appellant was hired as a firefighter by the City in December 2008. (Appellants testimony) 4. The Appellant was transferred to the Fire Department Rescue Unit (Rescue 1, Group 4) in 2015. (Appellants testimony) 5. WFDs Rescue Unit is an elite and specialized unit comprised of highly trained firefighters who respond to highly technical and dangerous rescue scenarios.

His father has been a Norton firefighter for twenty-four (24) years and currently serves as the Towns Director of Emergency Medical Services. (Testimony of Mr. Wilson) 2. While attending high school, Mr. Wilson was an active member of the Norton Fire Departments Explorer Post in which he participated in fire training, emergency medical 2 training and ride-alongs. From this early age, his career goal was to become a Norton firefighter.

Prior to taking the firefighter examination, Mr. Goulds cousin, who is a firefighter with the BFD, gave Mr. Gould advice about moving to Boston and taking the examination. He informed Mr. Gould that he would need to have Boston residency for one (1) year prior to the test. When asked if his cousin told him to claim his uncles Boston apartment as his address for purposes of obtaining residency, Mr.

G1-23-067 CITY OF PITTSFIELD, Respondent DECISION Pursuant to 801 CMR 1.01 (11) (c), the Chair of the Civil Service Commission (Commission) assigned the Commissions General Counsel to serve as presiding officer over an evidentiary hearing into whether the Respondent had reasonable justification to bypass the Appellant for the position of firefighter.