In TERENCE KEARNEY v. DEPARTMENT OF CONSERVATION & RECREATION, CASE NO: G2-09-324 the civil service commission dismissed a case for lack of timeliness in filing. In deciding the case they stated “The DCR contends that the Appellant’s appeal is a challenge to a provisional promotion under G.L.c.31, Section 15 and is not a by-pass approved by HRD under Section 2(b), and his appeal should be governed by the 30-day limitation period, rather than the sixty-day limitations period covered by the bypass rule. The facts presented on this record are not sufficient to determine whether the appeal is properly treated as a bypass case or not. However, whether the sixty-day period or the thirty-day period applies, the present appeal is untimely, having been filed more than 70 days after the Appellant was notified of his non-selection
Accordingly, for the reasons stated above, the DCR’s Motion to Dismiss is hereby allowed, and the appeal of the Appellant, Terence Kearney is dismissed.”
Its not a police or fire Bypass appeal, but its a good illustration of how something very simple can cause what would be an otherwise strong case to be lost.
Attorney Ronald A. Sellon