Labor Counsel Human Resources Division One Ashburton Place, Room 211 Boston, MA 02108 (617) 878-9777 Date: October 7, 2016 CERTIFICATE OF SERVICE National Association of Government Employees y. Commonwealth of Massachusetts, Department of Youth Services, Docket Number: SUP-16-5472 I, Melinda T.

The Mayor 12 did not understand why Armano wished to speak with the Union about this matter and let 11 The Commonwealth of Massachusetts Human Resources Division held a fire captain promotional exam in November 2017.

The Mayor 12 did not understand why Armano wished to speak with the Union about this matter and let 11 The Commonwealth of Massachusetts Human Resources Division held a fire captain promotional exam in November 2017.

Bowman DECISION Pursuant to the provisions of G.L. c. 31, 2(b), the Appellant, Christopher Bulger, (hereinafter Bulger or Appellant) seeks review of the decision of the states Human Resources Division (hereinafter HRD) accepting the reasons of the City of Quincy (hereinafter City or Appointing Authority) to bypass him for original appointment to the position of fulltime police officer.

Moses, brought this appeal, pursuant to G.L.c.31, 2(b), from the action of the Massachusetts Human Resources Division (HRD) which approved a decision of the Town of Winthrop (Winthrop), as Appointing Authority, to bypass him for promotion to temporary Captain in the Winthrop Fire Department in favor of a candidate of lower rank. At a full hearing on June 23, 2008, the Respondent presented evidence through two witnesses.

The Boston Police 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) .

On August 29, 2011, the Commissioner sent a communication to the Quincy Human Resources Division (Quincy HRD), including copies of the employees signed statements taken during the interviews on August 28, 2011. (Raymondi Test.) 39. After the Appellant left Mr. Raymondis office on August 28, 2011, he went to his locker in the tin shed. (Connolly Test.) Another employee, Ms. Picard, was in the locker area at the same time as the Appellant.

At the outset of the hearing, the Respondent made an oral motion to dismiss the appeal as untimely, arguing that the Appellant failed to file her appeal until August 5, 2016, which is more than the thirty (30) days allowed under 801 CMR 1.01(6)(b) to appeal the decision of an agency decision (the states Human Resources Division (HRD)), which is dated June 2, 2016. The pro se Appellant opposed the motion. The motion was denied at that time.

On July 14, 2015, the Respondent completed an Absence and Termination Notice/Form 56, a form from the states Human Resources Division (HRD), indicating that the Appellants last date of paid employment was June 11, 2015, and marking on the form that this was a Permanent Separation-Unauthorized Absence Section 38.

In or about January 2017, the states Human Resource Division (HRD) established a list of eligible candidates for Environmental Police Officer (EPO A/B). (Stipulated Fact) 3. On or about September 20, 2018, HRD, at the request of the Massachusetts Environmental Police, sent Certification No. 05821 to the Massachusetts Environmental Police. (Stipulated Fact) 4.

(Administrative Record)22 Legal Standard Section 2(b) of G.L. c. 31 authorizes appeals to the Commission by persons aggrieved by certain actions or inactions by the states Human Resources Division (HRD) or, in certain cases, by appointing authorities to whom HRD has delegated its authority, and which actions have abridged their rights under civil service laws.