# A town hires before legally being out of CS...



## IamTheDude (Aug 6, 2017)

Can a town hire people through a non-civil service process before the state law takes effect? 

Anybody know of any CS appeals, or SJC, cases that touch on this issue?

I ask because the town I work for had an exam and hired people before the law exempting the town even took effect.


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## Rogergoodwin (Feb 15, 2016)

IamTheDude said:


> Can a town hire people through a non-civil service process before the state law takes effect?
> 
> Anybody know of any CS appeals, or SJC, cases that touch on this issue?
> 
> I ask because the town I work for had an exam and hired people before the law exempting the town even took effect.


I've seen a similar cs appeal and it was dismissed. Their reasoning was that the only relief they would grant would be 310 relief that would place the appellants name at the top of any subsequent list. Since no list would exist, they considered the appeal moot.
Not sure about any sjc appeals tho. Seems like a tough fight.


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## Bloodhound (May 20, 2010)

IamTheDude said:


> Can a town hire people through a non-civil service process before the state law takes effect?
> 
> Anybody know of any CS appeals, or SJC, cases that touch on this issue?
> 
> I ask because the town I work for had an exam and hired people before the law exempting the town even took effect.


It the move to leave civil service was collectively bargained, with an effective date, then perhaps the union filing an unfair labor practice charge, but that would depend on the circumstances.


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## j809 (Jul 5, 2002)

That's something you'd have to take up with civil service since they administered the test. But then the town is no longer subject to CS with the exception of the grandfathered officers.


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## Rogergoodwin (Feb 15, 2016)

http://www.mass.gov/anf/docs/csc/decisions/other/2015/paicos-adam-091815.pdf

Civil service couldn't help this guy. It appears the town hired someone not on the cs list because they mistakenly believed that the town had left civil service, which they hadn't. 
This guy wouldn't have been hired either way.


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## j809 (Jul 5, 2002)

Oh yeah he was the trooper on probation that got fired. 


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## Bloodhound (May 20, 2010)

j809 said:


> Oh yeah he was the trooper on probation that got fired.
> 
> Sent from my iPhone using Tapatalk


Wonder how much he's spent on attorneys. That's two Maynard Civil Service appeals, and he sued MSP to try and get his job back.


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## IamTheDude (Aug 6, 2017)

Thank you to everyone who replied. We gave up CS, and town has shown a complete disregard for the MOA, contract, and apparently state law.


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## j809 (Jul 5, 2002)

I'm sure daddy is footing the bills!


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## Portable81 (Jun 17, 2004)

If you get fired from MSP, you could always work for Erving . . . (wink, wink)


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## Danusmc0321 (May 21, 2012)

Portable81 said:


> If you get fired from MSP, you could always work for Erving . . . (wink, wink)


Haha...wow, glad I googled that.


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## Rogergoodwin (Feb 15, 2016)

IamTheDude said:


> Thank you to everyone who replied. We gave up CS, and town has shown a complete disregard for the MOA, contract, and apparently state law.


How are they violating the contract?


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## Edmizer1 (Aug 27, 2006)

The town is basically judgement proof in this situation. CS is an umpire in a game the town doesn't play anymore. Someone earlier put it best, CS's only remedy is to put names at the top of a future list that doesn't exist/apply anymore. A lousy situation but it is what it is.


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## Pvt. Cowboy (Jan 26, 2005)

Danusmc0321 said:


> Haha...wow, glad I googled that.


Guess they don't do backgrounds that far west...


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## RodneyFarva (Jan 18, 2007)

Danusmc0321 said:


> Haha...wow, glad I googled that.


I'll do you one better "Satan's Kingdom" Mass


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## Danusmc0321 (May 21, 2012)

Ha Wow there's also a town called Satans Kingdom, Wonder what their hiring standards are. Even with a name like that, can't be worse than Erving


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## Rogergoodwin (Feb 15, 2016)

Danusmc0321 said:


> Haha...wow, glad I googled that.


I can't find it, what happened?


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