Recently, a Suffolk Superior court Judge ruled that an appeal by the City of Boston of a Civil Service case was not moot despite the candidates unwillingness to accept the job any longer. The point to the opposition by the City was that they had other issues within the case that they wanted the Superior court to rule on.
In Boston Police Department v. O’Loughlin (Connolly, J.) (Suffolk Superior Court) (Civil Action No. 09-2759-A) the court stated “the Boston Police Department filed a complaint challenging a Massachusetts Civil Service Commission ruling in favor of a police applicant and the Commission has moved to dismiss on mootness grounds, the dismissal motion must be denied, as the case is not moot despite the fact that the applicant no longer wants to be considered for appointment to the Department.”
“To enter a final order in this case that allows ‘the March 2010 order staying in effect with the Commission’s decision to remain in place indefinitely’ does not resolve this dispute. It leaves the subject matter of this case undecided, and leaves for its possible return at any time. The Department wishes a resolution of these issues. Ch. 30A, §14 gives the Department the right to have the issues decided now and wishes to go forward with the case on a Ch. 30A, §14 non-evidentiary hearing. This case is not moot. … By no means could this case be considered moot given the resolution suggested by the Commission. [‘[T]o allow the March, 2010 order staying the effect of the Commission’s decision to remain in place indefinitely.]’”
Attorney Ronald A. Sellon