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:
Civil Service Commission’s Residency Decision Upheld by Superior Court
The 10-mile residency requirement of the Civil Service statute, GL c. 31, Sec. 58, caused much concern over the past year. In Town of Rockland, the Commission required that the Appointing Authority examine its Fire Department roster to determine whether it was in compliance with the law; the Commission several months later heard evidence and determined that — at the time of the hearing — the Town was in compliance. The complaining officer appealed; arguing that the Commission should have examined whether the Town was in compliance as of the date of the complaint, and not as of the date of the hearing. The Court found that the Commission was correct.
Basically, the Commission, concerned with the wide-ranging impact of its decision, allowed several months for any compliance issues to be corrected. The Court ruled that the Commission has broad discretion as to what it investigates, and its thoughtful examination of the residency issue was the appropriate action.
To read the decision, click below:
NPH Attorneys win Serious Discipline Case for Veteran Middlesex Sheriff’s Officer: Case Highlights Challenges of Understaffed Officers in a Severely Overcrowded Jail
NPH attorneys Gary Nolan and Meghan Cooper won a significant arbitration victory for a 30-year employee of the Middlesex Sheriff’s Office, NEPBA Local 500, in a case that brought sharp focus onto the issue of prison overcrowding, while highlighting the difficulty faced by a consistently shrinking compliment of officers. The Award of the arbitrator, rendered on Christmas Eve, overturned entirely the Sheriff’s heavy-handed discipline of a veteran, well-respected officer with an impeccable record of service.
In 2012, the Cambridge Jail, designed to hold 160 pretrial detainees, had swelled to a population of more than 400; meanwhile, officer staffing had drastically decreased. Withhalf the population residing in hallways and bunk beds, and many others living in cells with broken doors, the Officers simply had to do their best to manage an extremely difficult situation. This case involved an inmate attacking another inmate with a large urn of hot water, and causing sever injuries. Turning a blind eye to overcrowding, understaffing and long-recognized past practices observed at all levels of rank within the jail, the Sheriff chose to place all blame for the inmate’s attack on a widely respected Lieutenant. As a result, the officer was demoted two ranks, and a 120-day suspension was levied, together with other discipline. This appeal followed.
After three days of hearing, the Arbitrator ruled that the Sheriff lacked just cause to impose any discipline whatsoever, ruling, “the testimony of all the witnesses in this case, the MSO’s as well as the Union’s, persuasively demonstrated that the overcrowding and understaffing at the jail influenced decision making at every level, and not for the better. On the 18th tier, half the detainees slept in bunks, unprotected and unsecured, without even the minimal privacy of a cell….two officers were responsible for over 100 inmates, several of whom had serious medical or psychological problems…three were diabetics, and eleven were on suicide watch.” He continued, “the deplorable condition of the physical plant of the jail exacerbated the overcrowding and understaffing…there is no doubt that managers and superior officers were frequently on the 18th tier. Common sense tells us that they knew, or should have known, what was openly going on around them.”
In the end, the arbitrator found no just cause to discipline the employee, ruling, “in plain terms, he did nothing wrong.” The employee is to be restored retroactively to his previous rank, and made whole for all lost wages – with interest – as well as seniority and retirement contributions.
Click below to read the full decision:
NPH Attorneys Win Roll Call / Discipline Arbitration
NPH Attorneys Gary Nolan and Meghan Cooper recently won a favorable arbitration decision on behalf of the members of NEPBA Local 550, Worcester County’s Corrections Officers. The case stretched over several days and involved both the suspension of a Union Official and the disputed practice of roll-call arrival time. After many days of testimony from past and present Jail Officials, Union leaders and both line and management officers, the Arbitrator agreed with the Union, and rescinded the Officer’s suspension.
In addition to this case, within the past year, NPH and NEPBA have been litigating several other matters for Local 550, including cases on Military Leave, and three separate lengthy suspension cases for different officers. At this point, all such cases have either ended in arbitration victories for the Union, or agreements by the parties to rescind all discipline entirely, and compensating the officers fully.
The Roll Call Arbitration Decision is below.
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