In a case handled by NP Attorney Gary Nolan, the Civil Service Commission this week overturned a decision by the Massachusetts Environmental Police not to hire a candidate who, at the time of his application, was a Westfield Police Officer. A decorated veteran of the U.S. armed services who speaks five languages, the officer had an exemplary record as a police officer in Westfield. He was bypassed based largely on an incomplete and error laden background investigation performed by a long-time MEP Officer. The case is a great teaching point for witnesses preparing to go before the Commission. Click here to read the full story.
Read moreNPH WINS MAJOR CIVIL SERVICE CASE AT APPEALS COURT – NEW RULE OF LAW CREATED
NPH Attorney Meghan Cooper has won a major victory for civil service employees across Massachusetts. In a case of first impression, the Appeals Court ruled that a municipality may not discipline employees for failing to testify at local appointing authority hearings that are held – as the Court found – for the benefit of the employee and not for the benefit of the City. To that end, the Court held that employees may not be ordered to testify at such hearings. This decision will greatly aid civil service employees in determining how to defend themselves through the multi-layered appeals process available to public employees.
In this particular case, Meghan represented NEPBA Local 911, the Worcester Police Patrolman’s Union. After the officer was fired by the City Manager for failing to testify at his own hearing, after an order to do so, NPH appealed, and the Civil Service Commission overturned the termination. The City then appealed to the Superior Court, and the Court ruled in favor of the Union and officer. The City then appealed, again, to the Appeals Court who likewise ruled for the officer.
Meghan’s Appeals Court victory is the latest in this string of victories for the Union, and her appellate argument involved an in-depth analysis of more than 100 years of the civil service law and its amendments, beginning with the creation of the law back in the late 1800’s right up through the present day. The Court took this opportunity to clarify for all that the appointing authority hearing is a fundamental right of due process that belongs to the employee alone, and is not for the benefit of the employer.
To read this important case, click below:
NPH Lawyers Win Vacation Benefits Case: Labor Board relies on recent NH Supreme Court precedent in case also won by NPH
On December 23, 2014, the NH Public Employee Relations Board ruled in favor of the Goffstown Police Union, NEPBA Local 24, in a case litigated by NPH Attorneys Peter Perroni and Meghan Cooper. The dispute involved the Town’s refusal to pay additional vacation due officers, based on additional years of service; the Town claimed that because the parties were in the hiatus period between contracts, it had no obligation to pay theincreased vacation benefits. The Board disagreed, and adopted almost entirely the arguments advanced by NPH in the hearing and post-hearing briefs.
This is the second so-called “status quo doctrine” case won recently by NPH lawyers. Significantly, the PELRB in this case relied on the recent NH Supreme Court precedent in the other case won by Attorney’s Perroni and Cooper, Appeal of Strafford County Sheriff’s Office, (No. 2013-506)(November 13, 2014).
NPH is proud to be squarely in the mix in the fight to advance the wages and benefits of law enforcement and union members in general.
To read the decision, click below:
NPH Lawyers Win Excessive Force Trial On Behalf of New Hampshire Police Sergeant: Prosecution’s case was based primarily on helmet camera video evidence.
On December 11, 2014, after a contentious three-day trial in Strafford County Superior Court, Nolan Perroni Harrington, LLP lawyers Peter Perroni and Meghan Cooper successfully obtained a Not Guilty verdict on behalf of a Farmington, NH (NEPBA Local 212) Police Sergeant accused of assault during the arrest of an individual in June 2013. The trial involved so-called “helmet cam” video evidence of the encounter between police and the suspect, who was being taken into custody for a felony reckless conduct charge. After striking the officer with his motor vehicle and then fleeing the scene, the suspect was apprehended outside of his home. During a time of unprecedented scrutiny of police use of force, Attorneys Perroni and Cooper convinced the Court that the force used by the Sergeant was reasonable in the circumstances and necessary to effectuate the arrest of the individual.
Both the New Hampshire Union Leader and Foster Daily Democrat covered the story extensively. Links to coverage are below.
http://www.fosters.com/apps/pbcs.dll/article?AID=/20141212/GJNEWS_01/141219722/0/SEARCH
http://www.fosters.com/apps/pbcs.dll/article?AID=/20141211/GJNEWS_01/141219795/0/SEARCH
http://www.unionleader.com/article/20141211/NEWS03/141219741
NPH Attorneys Advocate against giving Police Chief Power to Hire and Fire
Attorney Gary Nolan recently argued publicly, on behalf of the Dracut Police Supervisors and Patrolmen, against a proposal to give the Police Chief the power to hire and fire officers. In a transition period between Town Managers, the Dracut Police administration proposed that the Police Chief, and not the Town Manager, be the appointing authority for the Police Department. A similar proposal was made by the Fire Department Chief. Together with Attorney Paul Hynes, arguing for the Fire Dept. Union, Attorney Nolan advocated strongly in opposition to the proposal. After multiple appearances before the Town’s Board of Selectmen, the proposal was defeated.
See Media Coverage of the Issue by clicking the link below:
Dracut selectmen split on strong chiefs – Lowell Sun Online
Vote keeps Dracut manager’s power intact – Lowell Sun Online
NPH Attorneys win back injured Officer’s Seniority
NPH Attorneys Meghan Cooper and Peter Perroni recently won an arbitration to restore the seniority of a Windham, NH Police Officer, a member of NEPBA Local 213. The officer suffered severe injuries in the line-of-duty, forcing him to go on extended leave. He returned to work after enduring multiple surgeries and extensive rehabilitation, only to find that the Town decided that his seniority date should not include the period of his injured-on-duty leave. After extensive legal arguments by the attorneys, the Arbitrator concluded that the Town’s actions were in violation of the terms of the CBA, and ordered the Officer’s seniority date be fully restored.
To read the Arbitrator’s decision in full, click below:
NEPBA Fights to Defend Police Officer’s Rights to Buy Military Retirement Credits
In a case of first impression in Massachusetts, Attorney Meghan Cooper fought to allow an NEPBA Bourne member the right to purchase back Military Retirement credits. Based on a procedural loophole, the local retirement Board denied the member the opportunity to buy his time back. Because the issue had never been fully litigated, NPH forced the issue and the decision, although unfavorable to the officer, will help to put all on notice of what their rights actually are. Moreover, it is hoped that putting light on this issue will create a legislative solution to allow Veteran’s more flexibility in obtaining this benefit. This decision should be read by anyone who may want to purchase back Military time.
To read our Pre-Hearing Brief, and the DALA Decision, click below.