Posts tagged "1115014"

Kelley, et al. v. Boston Fire Department, et al. (Lawyers Weekly No. 11-150-14)

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13-P-1701                                       Appeals Court

JOSEPH KELLEY & others[1]  vs.  BOSTON FIRE DEPARTMENT & another.[2]

No. 13-P-1701.     November 18, 2014.


Fire Fighter, Appointment.  Municipal Corporations, Fire department.  Boston.  Civil Service, Appointment.  Practice, Civil, Review of interlocutory action.


Four fire lieutenants employed by the city of Boston (city) fire department filed an appeal with the Civil Service Commission (commission) pursuant to G. L. c. 31, § 2(b) and (c), claiming to be aggrieved by the practice of appointing out-of-grade acting captains without following the provisions of the civil service laws.  The commission found that the city violated G. L. c. 31, § 31, by appointing acting captains on an emergency basis without initially notifying the Division of Human Resources (HRD), and without obtaining the consent of HRD to extend the emergency appointments after the initial thirty days.  The commission ordered the city to cease appointing acting captains in this manner, and the city ended the practice effective July 1, 2009.[3]  However, the commission ultimately dismissed the plaintiffs’ appeal, concluding that compliance with § 31 procedures was “ministerial,” and that the plaintiffs had failed to demonstrate that the appointments did not meet the statutory criteria set forth in G. L. c. 31, § 31.[4] read more


Posted by Massachusetts Legal Resources - November 18, 2014 at 4:10 pm

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