The civil service commission ruled in Derek Amaral v. Department of correction docket #’s G1-09-326, CS-09-687 that the department of correction properly bypassed a candidate for a prior criminal record.
In a review of the facts, the candidate from 1997 to 2001 he was arraigned for Larceny by check (3 times) operating after a suspended license (3 times), attaching wrong motor vehicle plates (3 times), and disorderly person and throwing glass on a public way. Additionally, the appellants record is littered with arrest and default warrants throughout the four year span.
The commission in adopting the decision of the DALA Magistrate stated “The appellant has a lengthly arrest record going back twelve years. This includes repeated motor vehicle and bad check offenses that call into question his self control, judgment, willingness to take responsibility for hios own actions and respect for the laws of the commonwealth. Although he was a much younger man from 1997 to 2001, he was repeatedly arrested in the same geographic area for the same offenses four straight years. His criminal record also reflects myriad default and arrest warrants, all reflective of his failure to report the police or to the courts and be held accountable. He was a half an hour late for his October 19, 2009 hearing without remorse or explanation, and when pressed, blamed his tardiness “on traffic”.”
Commentary,
The appellant cited COLLETT v. department of corrections G1-08-53 (2008), in pleading his case, but there were several distinctions with that case (which also is under appeal at Superior Court). The major issue in COLLETT was the blanket policy of the D.O.C. in rejecting ANYone with “C.O.R.I activity” without consideration to other factors. Essentially the Commission looks to how remote or isolated the incident was in the applicants past. Even with a favorable decision on his side such as COLLETT, it is a tough case to argue.
Attorney Ronald A. Sellon
