Appellant Exhibit 34 contains a signed Form 14, Authorization of Employment dated July 28, 1997 from what is now the States Human Resource Division (HRD) appointing the Appellant to the permanent civil service position of Senior 2 Administrative Assistant.

The Human Resources Division (HRD) for the Commonwealth, pursuant to G.L. Chapter 31, Section 5(/) allows for the delegation of authority to a City or Town to administer Civil Service functions in place of HRD.

On March 16, 2010, the states Human Resources Division (HRD) established an eligible list of those who took and passed the 2009 police officer exam. (Stipulation) 4.

Stein DECISION The Appellant, Kelly Clark, duly appealed to the Civil Service Commission (Commission), pursuant to G.L.c.31, 2(b), from decisions by the Boston Police Department (BPD), as delegated authority of the Personnel Administrator of the Massachusetts Human Resources Division (HRD), to bypass Ms. Clark for original appointment to the position of Boston Police Officer based on the results of pre-employment psychological screening.

DeTerra, acting pursuant to G.L.c.31,2(b), appealed to the Civil Service Commission (Commission) from a decision of the City of New Bedford (New Bedford), reviewed and approved by the Massachusetts Human Resources Division (HRD), to bypass him for appointment as a Police Officer with the New Bedford Police Department (NBPD).

He received from the Commonwealths Human Resources Division a certified list of nine persons who had passed the Fire Fighter civil service examination who had indicated their 6 willingness to accept a position as a Swampscott Fire Fighter. All nine were given a date to come to the Swampscott Fire Station to pick-up an application packet and to attend a brief meeting to describe the hiring process.

Pursuant to the Personnel Administration Rules (PAR) promulgated by the Massachusetts Human Resources Division (HRD), the statement of reasons must be specific and complete: Upon determining that any candidate on a certification is to by bypassed . . . an appointing authority shall, immediately upon making such determination, send . . . a full and complete statement of the reason or reasons for bypassing a person or persons more highly ranked. . .

In 2014, Commissioner Spencer came under criticism for his actions regarding his handling of an investigation into the 2009 death of an inmate at Bridgewater State Hospital who 2 The attached letter from the Massachusetts Human Resources Division was a blanket approval for a list of DOC employees then serving in non-civil service job titles to be placed on leave from the permanent civil service positions to which they had previously been appointed

Mimmo it IE leon Date Labor Counsel Human Resources Division BBO# 662029 Business Address: Department of Developmental Services Central / West Regional Office 171 State Avenue Palmer, MA 01069 Tel: 413-284-5062 Fax: 413-284-1520 Contrary to the Unions assertion that the Respondent admitted any violation of the Law, its response to the Unions information request is actually evidence in support of its basic positions as outlined in this Response. 16

In that case, the CERB had found that the Secretary of the Executive Office of Administration and Finance (A&F) had repudiated the terms of a memorandum of understanding with the Massachusetts Correction Officers Federated Union (MCOFU) when A&F did not use appropriated funds to pay for the costs associated with mediation and dispute resolution but, instead, used such funds to pay existing employees of the human resources division of the Office of