# Help with Transfer/Reinstatement Issue



## crackerjack (Oct 27, 2009)

I'm a full time veteran officer in Mass and am having some trouble with the Civil Service Commission. There have been some new interpretations of Chapter 31 that are giving me a big headache. 

If you know anyone who has been re-instated to a civil service police department after leaving one I could use your help. I know there are a lot of guys who tried to lateral and couldn't get a signature from their Chief. When that happened they simply resigned and were reappointed under Chapter 31 Section 46 by the new appointing authority. No alterior motives here... I'm just looking to move on to a better agency and would appreciate some feedback. If you can contact me by PM I would appreciate it. Thanks in advance.


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## irish937 (Sep 13, 2005)

My understanding is that they did away with that last year. One of the guys on this board attempted the same thing and civil service told him no. It was news to me because I knew of several officers who had done the same thing. You might want to seek the council of a good civil service attorney. Good luck.


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## 94c (Oct 21, 2005)

crackerjack said:


> I'm a full time veteran officer in Mass and am having some trouble with the Civil Service Commission. There have been some new interpretations of Chapter 31 that are giving me a big headache.
> 
> If you know anyone who has been *re-instated* to a civil service police department after *leaving one* I could use your help. I know there are a lot of guys who tried to lateral and couldn't get a signature from their Chief. When that happened they simply resigned and were reappointed under Chapter 31 Section 46 by the new appointing authority. No alterior motives here... I'm just looking to move on to a better agency and would appreciate some feedback. If you can contact me by PM I would appreciate it. Thanks in advance.


I am not even close to being a lawyer but..

1. Reinstated?
2. Leaving one?
3. What is your grievance?


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## Boats (Dec 5, 2006)

I don't think he has a grievance. It sounds to me he was employed by a CS department. Left that department for a non-CS department. And is now trying to lateral to another CS department within the 5 years but is being told by CS that he does not have CS status.

Boats


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## Einherjar (Jan 22, 2008)

O'Toole V. HRD decided in 09/2008 speaks to this issue


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## crackerjack (Oct 27, 2009)

Thanks for the comments guys. I'm familiar with O'Toole and with the legal issues surrounding the new interpretation of reinstatements. If I'm going to make a case or attempt to get grandfathered I need some specifics on guys who used reinstatement as an end around to the transfer process. I already know of a few but Civil Service's Legal Department seems to be unaware of the process or is having situational amnesia. I would also be interested in talking to anyone on the forum who is having the same issue as me. Either way I appreciate the responses.


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## irish937 (Sep 13, 2005)

I can give you five right off the top of my head. Let me check with a few before names start flying. I'll PM if it's ok. One is currently employed by my department. He came over in 2006. His chief refused to sign the paperwork, so he resigned. He was then reinstated here.


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## 94c (Oct 21, 2005)

crackerjack said:


> I'm a full time veteran officer in Mass and am having some trouble with the Civil Service Commission. There have been some new interpretations of Chapter 31 that are giving me a big headache.
> 
> If you know anyone who has been re-instated to a civil service police department after leaving one I could use your help. I know there are a lot of guys who tried to lateral and couldn't get a signature from their Chief. When that happened they simply resigned and were reappointed under Chapter 31 Section 46 by the new appointing authority. No alterior motives here... I'm just looking to move on to a better agency and would appreciate some feedback. If you can contact me by PM I would appreciate it. Thanks in advance.


Are you talking about civil service going from A to B to C?

Or are you talking about civil service going from A to B and back to A?

If it's A to B and back to A, you have 10 years.

(Just hard to figure out your individual problem)


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## irish937 (Sep 13, 2005)

I could be wrong, but this is what I understand. He is currently employed under chapter 31. He wants to go somewhere else, but his agency is refusing to sign the transfer. Up until last year, you were able to tell your original agency to pound sand, resign, then be reinstated in the new agency even without a signed transfer. Is this what you mean?


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## crackerjack (Oct 27, 2009)

I left a Civil Service PD voluntarily to take a non-civil service job about two years ago. When I did this I knew that I had five years to be reappointed by a C/S department. This influenced my decision to leave. 

Pursuant to the O'Toole case I can now only be reinstated to the department I left from. That department could do a paperwork reinstatement and quickly transfer me to another PD... that's unlikely without some political push. I know there are other guys in my situation who are having difficulty. Hopefully that clears up the confusion.


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## fra444 (Nov 23, 2008)

HOLY SH!T You are at the bottom of a slippery slope with tractor trailor sized bolders rolling at you!!

Good Luck sir


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