INTEGRITY PROFESSIONALISM COMPASSION TEAMWORK BARNSTABLE - BOURNE - BREWSTER - CHATHAM - DENNIS - EASTHAM - FALMOUTH - HARWICH MASHPEE - ORLEANS - PROVINCETOWN - SANDWICH - TRURO - WELLFLEET - YARMOUTH COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS Suffolk, ss ) AND ) ) ) Case No.

PROFESSIONALISM COMPASSION TEAMWORK BARNSTABLE - BOURNE - BREWSTER - CHATHAM - DENNIS - EASTHAM - FALMOUTH - HARWICH MASHPEE - ORLEANS - PROVINCETOWN - SANDWICH - TRURO - WELLFLEET - YARMOUTH COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS Suffolk, ss ) BARNSTABLE COUNTY CORRECTION OFFICERS UNION, ) ) AND ) ) Case No.

(applicant to be firefighter was legitimately bypassed when he had been arraigned on six separate criminal charges, all of which were dismissed) and Thames v Boston Police Dept., 17 MCSR 125, 127 (2004) (police officer applicant bypassed because of multiple dismissed criminal charges). The Department of Correction takes this approach, bypassing some candidates based on their criminal records, even if they were not convicted.

He is also a call firefighter / EMT for the Town of Dartmouth. (Testimony of Mr. Kaufman) 2. Mr. Kaufman graduated from Chelmsford High School in 1993, where he was ranked 66th out of 380 students. He received an Associates degree from the New England 2 Institute of Technology in automotive technology in March 2002. (Testimony of Mr. Kaufman and Exhibit 12) 3. Mr.

Pena applied for a fire fighter position in Lawrence. (Administrative Notice of Docket # G1-15-126) On May 1, 2015, Mayor Rivera, who is also the Appointing Authority for the Lawrence Fire Department, sent a letter to Ms. Caggiano at HRD asking to bypass Mr. Pena. Mayor Rivera listed the same reasons for bypassing Mr. Pena for a firefighter position as he did to bypass Mr.

Under section 43, the Commission is required to conduct a de novo hearing for the purpose of finding the facts anew; Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited. However, [t]he commissions task.. .is not to be accomplished on a wholly blank slate.

He became a firefighter for the Town in 1985 and was promoted to Fire Lieutenant in 1996. He subsequently served as a Provisional Captain and was appointed as the Deputy Fire Chief in 2005. He became the Provisional Fire Chief in April 2010 and was appointed as Permanent Fire Chief on March 28, 2011. (Testimony of Mr. Farrell and Exhibit 3) 4. During his tenure, Mr.

Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800, 814-N.E.2d 735, 738 (2004).

Many years ago, the Appellants uncle was the Towns Acting 3 Police Chief; her brother is a Brookline firefighter; and many other family members of the Appellant have worked for the Town over the years. (Testimony of Appellant) 5. Prior to 2019, the Appellant had never been disciplined. (Testimony of Appellant) 6. On February 17, 2019, the Appellant made a complaint that she was being bullied and harassed by another police officer.