Apparently, the Civil Service Commission doesn’t know its
own strength. In a disappointing and surprising decision, the Commission
refused to provide meaningful relief to a candidate who had previously won his
bypass appeal even though the Town repeatedly violated civil service law
(before and after his bypass appeal). The procedural details are messy. Adam
Paicos was bypassed for the position of police officer with the Town of
Maynard. He appealed his bypass and won. The Commission granted him the relief
that typically comes with a successful bypass appeal: placement at the top of
the list for one more consideration. After his victory, Maynard attempted –
unsuccessfully – to opt out of civil service law.[1]
Maynard subsequently appointed police officers without using a civil service
list or considering Mr. Paicos. Encouragingly, Mr. Paicos was able to convince
the Commission to open up an investigation into Maynard’s hiring practices
pursuant to Chapter 31, section 2(a). However, the Commission astoundingly took
the position that it was powerless to address what took place. What is so
surprising about this decision is that the legislation that empowers the Civil
Service Commission, Chapter 310 of the Acts of 1993, explicitly authorizes it
“to take such action as will restore
and protect” the rights of people
“prejudiced through no fault of [their] own,” such as Mr. Paicos. Time and
again the courts have upheld the Commissions broad discretion to fashion
appropriate relief. Here, the Commission seemed to forget that it had this
power in the first place. Hopefully the Commission will remember soon before
too many other Cities and Towns attempt to mimic Maynard’s shenanigans. Click here to read the full decision.
[1]
Cities and Towns can opt out of civil
service law, but Maynard failed to follow the proper procedure here.
