The arbitrator, in exercising authority hereunder, shall be governed by the just cause*standards of General Laws, Chapter 31, Sections 41 through 45, and shall be governed by any court rulings, Civil Service determinations, or Division of Administrative Law Appeals decisions, in that order, as they relate to General Laws, Chapter 31, Section 41 et seq. 7.

The arbitrator, in exercising authority hereunder, shall be governed by the just cause standards of General Laws, Chapter 31, Sections 41 through 45, and shall be governed by any court rulings, Civil Service determinations, or Division of Administrative Law Appeals decisions, in that order, as they relate to General Laws, Chapter 31, Section 41 et seq.

DECISION Pursuant to G.L. c. 31, 2(b) and/or G.L. c. 7, 4H, the Chief Magistrate of the Division of Administrative Law Appeals (DALA) agreed, on remand from the Superior Court, to conduct a full evidentiary hearing regarding the above-captioned matter on behalf of the Civil Service Commission (Commission).

The arbitrator, in exercising authority hereunder, shall be governed by the just cause standards of General Laws, Chapter 31, Sections 41 through 45, and shall be governed by any court rulings, Civil Service determinations, or Division of Administrative Law Appeals decisions, in that order, as they relate to General Laws, Chapter 31, Section 41 et seq. 7.

The arbitrator, in exercising authority hereunder, shall be governed by the just cause standards of General Laws, Chapter 31, Sections 41 through 45, and shall be governed by any court rulings, Civil Service determinations, or Division of Administrative Law Appeals decisions, in that order, as they relate to General Laws, Chapter 31, Section 41 et seq. 7.

The appeal was heard by a Magistrate from the Division of Administrative Law Appeals on November 27, 2012, January 31, 2013, and February 6, 2013.

The arbitrator, in exercising authority hereunder, shall be governed by the just cause standards of General Laws, Chapter 31, Sections 41 through 45, and shall be governed by any court rulings, Civil Service determinations, or Division of Administrative Law Appeals decisions, in that order, as they relate to General Laws, Chapter 31, Section 41 et seq.

Conclusion The Commissions decision to adopt the decision of the Division of Administrative Law Appeals Magistrate regarding Mr. Paicos 2013 appeal was issued on March 20, 2014. In adopting the Magistrates Tentative Decision, the Commission found that the Town failed to establish, by a preponderance of the evidence, that it had reasonable justification to bypass Mr. Paicos for appointment to the position of police officer.

The Department of Education's mission is to promote student achievement and preparation for global competitiveness by festering educational excellence and ensuring equal access. www.ed.goo Page 2 - OCR Complaint No. 01-16-1068 OCR learned that the Complainant filed the same allegation with the Commonwealth of Massachusetts, Division of Administrative Law Appeals, Bureau of Special Education Appeals (BSEA) and the allegation is currently pending (BSEA

Specifically, the Commission reversed a decision by the Division of Administrative Law Appeals (*DALA) to uphold the Towns bypass of Peter Cyrus (Cyrus) for appointment as a permanent intermittent police officer. The plaintiffs have filed a Motion for Judgment on the Pleadings. For the reasons discussed below, the plaintiffs Motion for Judgment on the Pleadings is ALLOWED. BACKGROUND The following facts are taken from the administrative record.