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.

) Decision mailed: | | S110 Civil Service Commission. COMMONWEALTH CIVIL SUFFOLK, ss. OF MASSACHUSETTS SERVICE ( COMMISSION One Ashburton Place - Room 503 Boston, MA 02108 (617) 727-2293 LISA TOMASHPOL, Appellant v. CHELSEA SOLDIERS HOME, Respondents CASE NO: D1-09-188 Appellants Attorney: Michael F, Manning, Esq. Counsel NAGE 159 Burgin Parkway Quincy, MA 02169 Appointing Authoritys Attorney: Lidia Rincon, Esq.

Decision mailed: Civil Service IZh b 1 issi : Commission Ke CIVIL SERVICE COMMISSION One Ashburton Place: Room 503 Boston, MA 02108 (617) 727-2293 PAUL MENDONCA, Appellant Case No. D1-08-94 y. EXECUTIVE OFFICE OF LABOR & WORKFORCE DEVELOPMENT, Respondent Attorneys for the Appellant: Larry C. OBryan, Esq. Galen Gilbert, Esq. Gilbert & OBryan, LLP 295 Washington Street, Suite 351 Boston, MA 02108 Attorney for the Respondent: Michael E.

Sheehan and Donovan each filed appeals with the Civil Service Commission. Both appeals were denied. The Town denies that it has a practice of promoting the most senior employee when the list is exhausted and contends, rather, that it promotes the most qualified employee regardless of seniority. The Town produced a chart which shows that, since 2009, there have been 23 provisional appointments made to lieutenant, captain and deputy chief.

The second and third most senior Firefighters challenged the promotions to the Civil Service Commission (CSC).The CSC dismissed their complaints. The Union filed MUP-16-5571 on October 20, 2016. The Town did not file a response. An inperson investigation was held on December 15, 2016.1 However, on December 2, 2016 the Town again made provisional promotions for two Lieutenant positions, and again did not make those promotions based on seniority.

The Town bypassed Banas on the promotional list, and Banas subsequently filed an appeal with the Civil Service Commission (Commission). Ultimately, Banas prevailed and was promoted to the position of captain. Complaint and Partial Dismissal (contd.) | MUP-17-5876 Between 2013 and April of 2017, Banas, as Union President, represented the Union in negotiations with the Chief on various issues.

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.