L. c. 30A, 14 of a decision of the Massachusetts Civil Service Commission (Commission) upholding the Town of Holden' s (Town) termination of Carey from his position with the Holden PD. Before the Court are cross-motions for judgment on the pleadings. After hearing and review, and for the reasons stated below, the Town's Motion for Judgment on the Pleadings is ALLOWED. Carey's Motion for Judgment on the Pleadings is DENIED. BACKGROUND I.

Civil Service, Decision of Civil Service Commission, Termination of employment, Findings by commission. Jurisdiction, Civil Service "Termination of Civil commenced action December 8, The judgment his Words, service." in the Superior Court Department on 2015. case on was the heard by Robert N. Tochka, J., on motions for pleadings. The Supreme Judicial transferred the case from David plaintiff. Commission.

MEMORANDUM OF DECISION AND ORDER ON CROSS-MOTIONS FOR JUDGMENT once av ib if Lesegy OCP, ON THE PLEADINGS The plaintiffs, William Leeman and Christopher Pagliuca, have appealed a July bs 7 . 11, 2013 decision of defendant Massachusetts Civil Service Commission eed (Commission), upholding a 10-day suspension of Lieutenant Leeman (Leeman) and QL. a five-day suspension of Officer Pagliuea (Pagliuca) by defendant City of Haverhill " 0 Hantp (the City)

. & PL _ = MASSACHUSETTS CIVIL SERVICE COMMISSION & another? Re Lee Qe JR J.P. MEMORANDUM OF DECISION JUDGMENT AND ORDER ON PLAINTIFFS ON THE PLEADINGS MOTION FOR B+ The plaintiffs, the Town of Tewksbury (the Town) and the Tewksbury Police Department (Police Department), seek judicial review pursuant to G. L. c. 30A, $14 and G. L. c. 31, 44 of a Massachusetts Civil Service Commission (Commission) decision.

CIVIL SERVICE COMMISSION One Ashburton Place, Room 503 Boston, MA 02108 617.727.2293 MARCOS FREITAS, Appellant, v. D1-11-245 CITY OF SOMERVILLE, Respondent Appellants Attorney: Gerard McAuliffe, Esq. Law Office of Gerard McAuliffe 43 Quincy Avenue Respondents Attorney: Matthew J. Buckley, Esq. Assistant City Solicitor City of Somerville 93 Highland Avenue Somerville, MA 02143 Commissioner: Christopher C.

Nothing in this Agreement by the shall diminish the authority and power of the Civil Service Commission or any Retirement Board established by law, nor shall anything in said Agreement constitute a grant of the right to strike to the Union. R GRIEVANCE LE PROCEDURE Section 1 - General Statement A grievance shall mean any dispute concerning the interpretation, application, or violation of the provisions of this Agreement.

Appeals of Disciplinary Actions In accordance with G.L. c. 150E, Section 8 and c 31, Section 42, an employee must elect to appeal a civil service disciplinary action to either the Civil Service Commission or to arbitration, where such arbitration is elected by the employee as the method of grievance resolution, (it shall) be the exclusive procedure for resolving such grievance involving suspension, dismissal, removal, or termination notwithstanding

The Town itelies upon a non-binding superior court decision interpreting authority of Civil Service Commission to remedy unlawful terminations. The case has no application to authority of arbitrator 2 to remedy terminations without just cause. The Union cited to applicable authority in its posthearing brief.

As a condition precedent to submitting a grievance alleging violation of Section 1 of Article 24, the Union and the employee involved shall sign and give to the Employer, on a form agreed and incorporated as Appendix B, a waiver of any and all rights to appeal the disciplinary action to the Civil Service Commission, The waiver shall include a declaration that no disciplinary review has been commenced at the Civil Service Commission.

MASSACHUSETTS CIVIL SERVICE COMMISSION & another! MEMORANDUM OF DECISION AND ORDER ON THE PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS INTRODUCTION The plaintiff, the City of Methuen (the "City" or "Methuen"), filed this action, pursuant to G. L. c. 30A, 14 and G.