Civil Service Bypass Appeal For Promotion Dismissed For Technical Error

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.”

Commentary,

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

About Attorney Ronald A. Sellon

Ronald A. Sellon is a licensed Attorney in the state of Massachusetts and U.S. District Court, Massachusetts as well as a Sergeant with a Municipal Police Department and U.S. military Veteran. Additionally, he has taught Criminal Procedure at the Massachusetts State Police Academy in New Braintree and has written a text on Criminal Procedure for police field training officer programs. He is a graduate of the FBI National Academy, was a 2008 recipient of the Massachusetts Coalition of Police (Mass C.O.P.) Presidents award and holds a Bachelors Degree in Law Enforcement, a Masters Degree in Criminal Justice Administration, and a Juris Doctor Law Degree. Questions related to content material may be directed to RSellon@PoliceLegalPromotions.com
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