Bowman DECISION Pursuant to the provisions of G.L. c. 30, s. 49, the Appellant, Pamela Kells (hereafter Appellant or Kells), is appealing the August 22, 2007 decision of the Human Resources Division (HRD) denying her request for reclassification from the position of 1 Clerk IV to the position of Accountant I. The appeal was timely filed and a hearing was held on February 5, 2008 at the offices of the Civil Service Commission.

Pyle Rome 2 Liberty Sq. 10th Floor Boston, MA 02190 Appearance for Human Resources Division: Melinda Willis, Esq. Human Resources Division One Ashburton Place: Room 211 Boston, MA 02108 Appearance for Fall River Fire Department: Jaime Kenny, Esq. Clifford & Kenny 171 Rockland Street Hanover, MA 02339 Commissioner: Christopher C.

Labor Counsel, Human Resources Division 100 Cambridge Street, Suite 600 Boston, MA 02114 Commissioner: Paul M. Stein DECISION The Appellant, Patricia E.

A statement of benefits that the employee is entitled to will be prepared by the towns Human Resource Division. 8.

A statement of benefits that the employee is entitled to will be prepared by the towns Human Resource Division. F.

On or about September 24, 2007, the Human Resources Division notified the Appellant that it had approved the above-described bypass. (Stipulated Fact). 15. No witness could recall anyone other than the Appellant, and the other higher scoring individual for the position at issue, ever having been bypassed for promotion in the history of the Belmont Fire Department. (Testimony of Frizzell, Tr. 48, Testimony of Frizzell, Tr. 128). 16.

CIVIL SERVICE COMMISSION One Ashburton Place: Room 503 Boston, MA 02108 (617) 727-2293 RE: Tracking Number: 1-18-151 Request by: Massachusetts Fallen Heroes and Ten (10) Registered Voters to Investigate the City of Lynn and the states Human Resources Division (HRD) regarding the City of Lynns request for a Selective EMT-Paramedic Certification Appearance for Petitioners: Patrick Bryant, Esq.

Langan, Director of Employee Relations Address (street and No., city/town, state, and ZIP code) Human Resources Division, Boston. MA 6. Employee Organization (if any): Lamond Southborough, MA Canzoneri, (617) 727-3252 9. Telephone Number (508) 485-6600 Alan J. McDonald 352 Turnpike Road, Fax Number 10. Suite 210, Fax Number (508) 485-4477 01776-1756 This charge is filed against (check one) | xX | 12.

Both parties subsequently Based on the pre-hearing conference, status conference and the documents submitted, I find the following: = The Boston Police Department filled one captain position through out of grade temporary assignments for more than 60 days; = The States Human Resources Division (HRD) maintains an active civil service eligibility list for the position of captain in the Boston Police Department. = The captain position in question was

Form 56 of the Commonwealth Human Resources Division (HRD) states that a leave of absence over one-month, including probationary employees on military leave, must be reported immediately. The Form 56 from the Appointing Authority regarding Sullivans military leave was dated February 14, 2007, and has no indication of the date it was received by the HRD. It makes no mention of extending the probationary period.