Mass. Civil Service Has No Authority To Review Leave Forfeiture

Denise Doherty has been employed by the Massachusetts State Police Department for over 20 years. From 2007 to 2012, Doherty was assigned to the Department’s certification unit, which is responsible for providing licensing services for private security, or watch guard, companies. In October 2011, Doherty began an administrative inspection of a watch guard company referred…

Without Court Order, Wiretap Evidence Inadmissible In Civil Service Hearing

The California Court of Appeals has ruled that without a court order, wiretap evidence is inadmissible in a civil service disciplinary hearing. The case began in 2009, when the high intensity drug trafficking area task force came to believe that Los Angeles Sheriff ’s Department Detective Carlos Arellano was associating with known narcotics felons, using…

Kansas Court Limits Ability To Appeal Discipline To Civil Service Boards

When public safety officers want to challenge discipline, their ability to successfully do so is tied in part to the system of appeal. In parts of the country, particularly including many states in the South and Southwest, public safety officers are considered to be “at-will” employees. An at-will employee can be fired or otherwise disciplined…

Revocation Of Police Certification Does Not Conflict With Civil Service Law

Timothy Hannigan was a police officer employed by the Borough of Darby, Pennsylvania. Hannigan cheated on a mandatory in-service training examination given by the Municipal Police Officers’ Education and Training Commission. After an investigation in which Hannigan admitted what he had done, the Commission revoked Hannigan’s police officer certification. Hannigan lodged an appeal with Pennsylvania’s…

Non-Union Battalion Chiefs Entitled To Union Benefit

Battalion chiefs assigned to Honolulu Fire Department are excluded from civil service protection, and are not part of the rand-and-file bargaining unit. On June 25, 2003, the Department implemented a “Rank for Rank Recall Program,” which entitled Department firefighters to work overtime to fill vacancies left by similarly ranked counterparts who had taken vacation leave.…

Lieutenant Loses Appeal Of Termination Because Inadequate Record Made Of Civil Service Proceedings

Roger L. Skinner was a lieutenant with the Medina, Washington Police Department. Following an internal investigation in February 2006, the City discharged Skinner. Skinner appealed his termination to the Medina Civil Service Commission. The hearing was electronically recorded. The Commission affirmed the Department’s decision to terminate Skinner, finding that the City had complied with due…

Fire Captain Files Appeal In Wrong Place, Loses Challenge To Suspension

On March 12, 2007, James Berlo, a captain in the Boston Fire Department, tested positive for a narcotic when administered a random drug test by the Department. The Department’s Hearing Board imposed a one-month unpaid suspension. The Board’s decision informed Berlo of his right to appeal to the Boston Civil Service Commission. Bypassing the Commission,…