The Civil Service Commission took the Boston Police
Department to task for a number of unfair and deceptive hiring practices. Read
the entire decision here. Most importantly, the Commission commanded the BPD to
notify candidates that they have a right to appeal -- and get independent
review of any potential bypass reasons -- if the candidate proceeds and
declines to “voluntarily” withdraw from the hiring process. BPD has long
encouraged candidates to withdraw, providing them “ominous -- and misleading --
information” about what might happen if a candidate declines to do so. Three
points made by the Commission bear repeating here:
(1) If you are ultimately bypassed, you have a right to
appeal to the Civil Service Commission. On appeal, the Appointing Authority (here
the BPD) has the burden to show that the reasons for the bypass are sound and
sufficient. As yesterday’s orders show, the Commission is well aware that BPD
violates civil service law, and is well equipped to look critically and closely
at assertions made by the BPD.
(2) If you withdraw from consideration, you do
not have a right to appeal. This -- of course -- is why BPD wants the
candidates that it won’t be selecting to withdraw. If the BPD can convince
candidates to withdraw, the Department will not have to explain itself to
anyone.
(3) A bypass only affects one hiring process. The Commission
aptly pointed out that the BPD has been telling candidates that a bypass could
lead to a candidate’s removal from an eligible list. This is not true. Removal
from an eligible list requires a separate administrative procedure (called a
PAR.09 removal) and requires the appointing authority seeking removal to meet
an even higher standard than applies to a bypass.
We are all too familiar with the BPD’s “voluntary” withdrawal
process. Too often we encounter candidates when it is already too late -- after
he or she has already withdrawn. If you are asked to withdraw your candidacy --
from BPD, or any Department -- ask for time to consider your options and
contact our office. You have rights, and we may be able to help you protect
them.
