Roca (Roca), seeks review, pursuant to G.L. c. 30A, 14 and G.L. c. 31, 44, of a decision by the defendant, the Civil Service Commission (Commission), to affirm the defendants, the City of Holyoke (City), decision to terminate his employment as a police officer in the Holyoke Police Department (HPD). Before the court are the parties cross Motions for Judgment on the Pleadings.

CIVIL SERVICE COMMISSION One Ashburton Place, Room 503 Boston, MA 02108 (617) 727-2293 MICHAEL SUAREZ, Appellant v. Docket No.: D-08-5 DEPARTMENT OF CORRECTION, Respondent Attorney for the Appellant: Stephen C. Pfaff, Atty. Louison, Costello, Condon & Pfaff, LLP 65 Batterymarch Street Boston, MA 02110 Attorney for the Respondent: Earl Wilson, Atty. Senior Labor Relations Specialist Department of Correction P.O.

Hearing(s) before the Civil Service Commission addressing the matters raised in the Complaint were adjudicated and deferral to the Decision(s) of Civil Service Commission and dismissal of the Complaint are appropriate; K. The Board lacks subject matter and/or personal jurisdiction over the Parties and/or the charges made in the Complaint; L.

Nothing in the Agreement shall diminish the authority and power of the Civil Service Commission, the Retirement Board or the Personnel Board. In the event that any part or provisions of this Agreement is in conflict with any law or By-Law, such law or By-Law shall prevail so long as such conflict remains.

ARTICLE V Arbitration If any grievance alleging a violation of the Contract or concerning the application, meaning or interpretation of the Agreement and which said grievance is not a matter suitable for submission to the Civil Service Commission, and remains unsettled after Step 2, either party may, within sixty (60) days after the reply from the Mayor of his representative is due, request arbitration of the matter by written notice to the other

Section 5 Notwithstanding any provision of the Agreement to the contrary, any matter which is subject to the jurisdiction of the Civil Service Commission shall not be a subject of grievance or arbitration under this Agreement, unless, the employee and the Union elect grievance/arbitration as the exclusive remedy pursuant to Section 8 of General Laws, Chapter 150E, in cases involving suspension, dismissal, removal or termination of employees who have

Section 5 Notwithstanding any provision of the Agreement to the contrary, any matter which is subject to the jurisdiction of the Civil Service Commission shall not be a subject of grievance or arbitration under this Agreement, unless, the employee and the Union elect grievance/arbitration as the exclusive remedy pursuant to Section 8 of General Laws, Chapter 150E, in cases involving suspension, dismissal, removal or termination of employees who have

CIVIL SERVICE COMMISSION & another1 MEMORANDUM OF DECISION AND ORDER ON PARTIES CROSS-MOTIONS FOR JUDGMENT ON THE PLEADINGS INTRODUCTION In June 2021, the Town of Winchester (the Town) demoted Ryan Mawn (Mawn) from the rank of Sergeant to that of Patrol Officer for the Winchester Police Department (the Department). Mawn appealed that decision to the Civil Service Commission (the Commission).

As used herein, prior experience, except in the case of a reserve officer, shall be experience obtained while serving under a permanent appointment made in accordance with the provisions of Chapter 31 of the Massachusetts General Laws and all rules and regulations promulgated by the Civil Service Commission thereunder.

Civil Service Commission Mass. POST Commission 2/17/22, 2:18 PM General Law - Part I, Title IV, Chapter 31 , Section 41 Part I ADMINISTRATION OF THE GOVERNMENT Title IV CIVIL SERVICE, RETIREMENTS AND PENSIONS Chapter 31 CIVIL SERVICE Section 41 DISCHARGE; REMOVAL; SUSPENSION; TRANSFER; ABOLITION OF OFFICE; REDUCTION OF RANK OR PAY; HEARINGS; REVIEW Section 41.

Civil Service Commission Mass. POST Commission 2/17/22, 2:18 PM General Law - Part I, Title IV, Chapter 31 , Section 41 Part I ADMINISTRATION OF THE GOVERNMENT Title IV CIVIL SERVICE, RETIREMENTS AND PENSIONS Chapter 31 CIVIL SERVICE Section 41 DISCHARGE; REMOVAL; SUSPENSION; TRANSFER; ABOLITION OF OFFICE; REDUCTION OF RANK OR PAY; HEARINGS; REVIEW Section 41.