Mendonca v. Civil Service Commission, et al. (Lawyers Weekly No. 11-162-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 13-P-1979 Appeals Court Paul Mendonca vs. Civil Service Commission & another.[1] No. 13-P-1979. Suffolk. September 15, 2014. – December 12, 2014. Present: Berry, Kafker, & Carhart, JJ. Veteran. Handicapped Persons. Public Employment, Provisional employee, Termination, Reinstatement of personnel. Civil Service, Termination of employment, Reinstatement of personnel. Employment, Termination. Administrative Law, Substantial evidence. Civil action commenced in the Superior Court Department on January 13, 2012. The case was heard by Garry V. Inge, J., on a motion for judgment on the pleadings. Richard L. Neumeier (Galen Gilbert with him) for the plaintiff. Iraida J. Alvarez, Assistant Attorney General, for the defendants. Carhart, J. Paul Mendonca appeals from the entry of judgment in favor of the defendants following a Superior Court judge’s denial of his motion for judgment on the pleadings. Mendonca had sought review pursuant to G. L. c. 31, § 44, of a decision by the Civil Service Commission (commission) upholding his layoff by the Executive Office of Labor and Workforce Development (EOLWD). Mendonca alleged that the layoff violated his rights as a disabled veteran. We agree and reverse. Background. Mendonca is a disabled Vietnam War veteran. He holds a bachelor of science degree in business management from Suffolk University, and a master’s degree in business administration from the University of Massachusetts. Mendonca’s extensive work history includes management, training, and marketing in the human resources field. He has negotiated and managed labor agreements to ensure labor law compliance; he has established and implemented human resources systems for various companies; he has recruited and trained staff; and he has secured competitive State abandoned property audit contracts for private companies. On May 3, 1999, the Commonwealth hired Mendonca as a provisional Administrator III. A Management Questionnaire (MQ) describing Mendonca’s position shows that Mendonca was responsible for administering the Commonwealth’s federally funded Job Search/Job Readiness Program (JS/JR). Mendonca worked closely with several State agencies, including the Departments of Transitional Assistance (DTA), Unemployment Assistance (DUA), and Career Services (DCS), and ensured that JS/JR “[wa]s operated according to Federal, State and contractual requirements.” Mendonca’s duties included negotiating and drafting interdepartmental service agreements; specifically, he “[r]ecommend[ed] amounts and conditions for reimbursement, scope of services, program requirements, key performance objectives, budget provisions and staffing configurations to ensure contractual goals are achievable.” On March 29, 2007, the human […]