# Appeal process



## smd6169 (Aug 23, 2005)

So in typical Civil Service and BPD fashion I [finally] received my Bypass letter (which was also sent to my previous address which YES, I did update with both CS and BPD). The generic letter simply stated that I was passed over but was still eligible for consideration if the city appoints again. Anyhow, there was no appeal form or instructions. Can someone shed some light on the appeal process, how it works, how to get the ball rolling and how to find out the departments reasoning for the Bypass?


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## Guest (Jan 20, 2007)

smd6169 said:


> So in typical Civil Service and BPD fashion I [finally] received my Bypass letter (which was also sent to my previous address which YES, I did update with both CS and BPD). The generic letter simply stated that I was passed over but was still eligible for consideration if the city appoints again. Anyhow, there was no appeal form or instructions. Can someone shed some light on the appeal process, how it works, how to get the ball rolling and how to find out the departments reasoning for the Bypass?


Go IN PERSON to the Civil Service Commission, which is at One Ashburton Place (behind the state house) and file a written appeal. Be sure to have disposable copies (keep the originals) of all your paperwork, including the bypass letter, and a money order for the appeal fee (call to find the current amount).

Depending on how articulate you are, you may want to hire an attorney experienced in CS matters. I represented myself at my CS appeal (the city's physician, who is now in prison, found I had high blood pressure, which I didn't have before, and haven't had since), and it wasn't a big deal. It's like Judge Judy....you present your case, and the city's attorney presents their case. You'll receive a written decision within a month or so.

Keep in mind the CS Commission can't wave a magic wand and make you a police officer. Provided you win, all they can do is tell the city they cannot appoint any more police officers without you being the first appointed. If Boston PD has a hiring freeze, you're in for a long wait.


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## soxrock75 (Jul 26, 2004)

Delta784 said:


> Go IN PERSON to the Civil Service Commission, which is at One Ashburton Place (behind the state house) and file a written appeal. Be sure to have disposable copies (keep the originals) of all your paperwork, including the bypass letter, and a money order for the appeal fee (call to find the current amount).


I got my letter last week (dated 11/22/2006 and mailed 1/11/2007) and went to the Civil Serive Commission yeasterday. The fee to file is $25.00 for an original appointment bypass (more for promotions etc.) Yes, you do need a money order or a bank check for the fee. No cash and/or personal checks will be accepted.


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## smd6169 (Aug 23, 2005)

My letter was dated December 30th and as I mentioned above, was mailed to my previous address. Regardless to say, 20 days is a long time for a letter to find it's way with-in the city. I am going to head to CS on Monday to file the appeal however for you guys, you had a reason, Failed Medical due to High B.P or failed something else. Where I did not advance past the BG, I know I "failed" that but I have no clue why (clean, spotless history) let alone their reasoning. When filing the appeal, will CS have any more specific info?


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## 94c (Oct 21, 2005)

unfortunately the system is run by lawyers for lawyers.
If you are serious about an appeal, spend the money and get a lawyer.
without one, you won't be taken as seriously.


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## smd6169 (Aug 23, 2005)

I am very serious and most likely I will hire a lawyer. This is what they do best...( I hope).


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## Guest (Jan 23, 2007)

94c said:


> unfortunately the system is run by lawyers for lawyers.
> If you are serious about an appeal, spend the money and get a lawyer.
> without one, you won't be taken as seriously.


That's one of the biggest myths going....I represented myself, and won unanimously. The only reason I would suggest a lawyer for the original poster is because he was given no reason for the bypass.



smd6169 said:


> When filing the appeal, will CS have any more specific info?


They'll only have what you give them (bypass paperwork). In your case, I would suggest an attorney, only because they gave you no reason for the bypass, and an attorney will get that information much more efficiently than you.

Just be sure to get a lawyer experience in CS matters;

http://www.massbar.org/public-and-community-services/need-a-lawyer


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## smd6169 (Aug 23, 2005)

Thanks all for your input & suggestions. I spoke with CS yesturday and I was told that their letter, one with an explantion for the bypass and appeal form, will be mailed out this week. The letter i recieved last week was fa generic one from BPD.


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## Guest (Jan 23, 2007)

smd6169 said:


> Thanks all for your input & suggestions. I spoke with CS yesturday and I was told that their letter, one with an explantion for the bypass and appeal form, will be mailed out this week. The letter i recieved last week was fa generic one from BPD.


Let's hope that luck isn't needed, but good luck, and let us know how you make out!


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## smd6169 (Aug 23, 2005)

Will do. Delta, which PD did you have to appeal? Did you eventually get on?


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## alphadog1 (Oct 16, 2006)

I was initially denied a line of duty preference and appealed HRD's decision without a lawyer and won. HRD's decision was based upon bad legal advice from their law department. Good luck and don't give up.


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## smd6169 (Aug 23, 2005)

Thank you. While I have my BPD bypass letter in hand, I am still awaiting the letter from CS. Meanwhile I signed the list again and at the very least hope I do not get bypassed [automatically] again before I get my opportunity to appeal. My sincerest hope is that my appeal will be for nothing and that I will make it on my own this time around.


alphadog1 said:


> I was initially denied a line of duty preference and appealed HRD's decision without a lawyer and won. HRD's decision was based upon bad legal advice from their law department. Good luck and don't give up.


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## tmp (Nov 22, 2006)

did you have to request the letter from cs or is it sent automatically?


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## smd6169 (Aug 23, 2005)

Since the applicant record information portal is down, I emailed the link on that page ([email protected]) to inquire about the appeal. The prompt response I received from them is that the CS Bypass letters were going out this week. The letter will include a detailed explanation for PD's bypass reasons and an appeal form. If I don't receive the letter by Monday I am going to email/call again or just take a walk the 1 Ashburton.


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## soxrock75 (Jul 26, 2004)

Maybe someone can answer a question for me. If one files an appeal for a bypass with Civil Service and, seeing as it is the State, it may take anywhere from 6 months to over a year. If the bypass is overturned, will it force a department to hire someone even after the new test this April or does it only apply to the last test? 

Also, how does the age limit come into play? For example, an appeal is filed today but a decision is not reached until late NEXT year in 2008. In that time span, a new test has been administered, a new list created/certified and the applicant has reached their 32nd birthday? Just curious what people think. Thanks


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## Guest (Jan 24, 2007)

soxrock75 said:


> Maybe someone can answer a question for me. If one files an appeal for a bypass with Civil Service and, seeing as it is the State, it may take anywhere from 6 months to over a year. If the bypass is overturned, will it force a department to hire someone even after the new test this April or does it only apply to the last test?


If you win a bypass appeal, your name is put at the top of the next list the city/town calls for, regardless of what test it is. I work with someone who appealed a bypass, didn't take the next test, and by the time the city hired again, the test the appellant took had expired, but it didn't matter. Once you win a bypass appeal, you stay at the top of whatever list is called next.



soxrock75 said:


> Also, how does the age limit come into play? For example, an appeal is filed today but a decision is not reached until late NEXT year in 2008. In that time span, a new test has been administered, a new list created/certified and the applicant has reached their 32nd birthday? Just curious what people think. Thanks


Don't bet your life on this, but I'm pretty sure a successful appeal also "freezes" your age, so if you pass 32 in the meantime, it won't matter.


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## tomcats (Aug 26, 2005)

A succesful appeal will freeze your age as delta said. The departemnt will have to hire you and you will be the next one they send to the academy. At least that is what I was told. never had to go through that process fortunately. Good luck


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## soxrock75 (Jul 26, 2004)

Thanks Delta and Tomcats


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## juice (Nov 15, 2006)

If you are bypassed.. do you always get a letter from CS...or just the town.?


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## 94c (Oct 21, 2005)

Delta784 said:


> That's one of the biggest myths going....I represented myself, and won unanimously. The only reason I would suggest a lawyer for the original poster is because he was given no reason for the bypass.


If your serious why take the chance? I know several people who got nowhere until they hired a lawyer. Both appointment wise and promotional.

It's more than just a myth when your future is involved.


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## Guest (Jan 25, 2007)

94c said:


> If your serious why take the chance? I know several people who got nowhere until they hired a lawyer. Both appointment wise and promotional.
> 
> It's more than just a myth when your future is involved.


It isn't a courtroom.....if you have a straightforward case and are somewhat articulate, you're just wasting $200+ an hour by hiring an attorney. There is no better advocate for you than yourself, and as I mentioned, I'm not just theorizing. I represented myself & won unanimously, and the 24-hour blood pressure monitoring test I presented as evidence became the CS standard for BP bypasses.


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## policelaborlaw.com (Mar 7, 2006)

Here is some background and FAQs about the CSC. 

Cities and Towns (Appointing Authorities) are afforded discretion when choosing individuals from a certified list of eligible candidates on a civil service list. When ruling on a bypass appeal, the issue for the commission is "not whether it would have acted as the appointing authority had acted, but whether, on the facts found by the commission, there was reasonable justification for the action taken by the appointing authority in the circumstances found by the commission to have existed when the Appointing Authority made its decision." However, personnel decisions that are marked by political influences or objectives unrelated to merit standards or neutrally applied public policy represent appropriate occasions for the Civil Service Commission to act. 


HOW CAN I GET A HEARING?

Many appeals are filed directly with the Civil Service Commission following an action by the appointing authority (employer). In some cases, it is necessary to first file your request for action with the administrator at the Human Resources Division (HRD) or send a copy of your appeal to HRD when filing with the Commission. Following an action or inaction of an appointing authority or HRD you must be given notice of your right to appeal and the time in which such appeal must be filed. The Civil Service Commission is responsible for scheduling and conducting the hearing, and issuing a decision.

WHAT IS A BYPASS?

A civil service bypass occurs when a person whose name appears lower on a civil service list selected over a person whose name appears higher on the list. 

WHAT PROCEDURES MUST BE FOLLOWED IN BYPASS CASES?

When an appointing authority (employer) bypasses a candidate, the appointing authority must supply the Human Resources Division (HRD) with written reasons for the bypass. Within 15 days of receiving the bypass reasons, HRD must review them and inform the appointing authority of approval or disapproval of the reasons. If HRD determines that the reasons are insufficient, it will give the appointing authority an opportunity to explain, clarify or justify them. HRD must approve the reasons before the lower ranking candidate can be appointed. 

When HRD approves the bypass reasons, it will notify the bypassed candidate and provide the candidate with a copy of the reasons. The candidate will then have 60 days to appeal the bypass to the Civil Service Commission. *Note: it is absolutely critical to file your bypass appeal within the 60 day period. *Also, within 3 days of filing, the bypassed candidate must send a copy of the appeal to both the Personnel Administrator (Human Resources Division) and the Appointing Authority. 

Your bypass appeal must include the appropriate filing fee and the Civil Service Commission will return any appeal that does not include the proper filing fee. 

HOW MUCH TIME DO I HAVE TO FILE AN APPEAL?

By act of statute and regulation, appeals must be filed with the Commission within a certain amount of time in order to be heard. *A bypass appeal must be filed with the Commission within sixty (60) days of receipt of the written reasons for bypass from the Human Resources Division.* *A disciplinary appeal must be filed within ten (10) days of receipt of a written copy of the appointing authority's decision.* *It is absolutely critical to comply with these time standards. *

WHEN ARE DOCUMENTS CONSIDERED FILED WITH THE CIVIL SERVICE COMMISSION?

Submissions shall be deemed filed on the date on which the Commission receives them or on the official postmark date such document was mailed, properly addressed to the Civil Service Commission with postage prepaid by first class mail. No document will be considered filed when transmitted by fax machine or other electronic means unless the Commissioner to whom a matter is assigned expressly authorizes the transmission.

WHAT ARE MY RIGHTS AT A CIVIL SERVICE HEARING?

You have the following rights in connection with your hearing:

To present evidence on any relevant issue;
To be represented by counsel at your expense;
To subpoena witness and documentary evidence in compliance with the Standard Rules of Adjudicatory Procedure, and G.L. 31;
Such other rights as are conferred by law and/or Civil Service Commission Rules
WHO IS INVOLVED IN THE HEARING?

The Chairman of the Civil Service Commission designates a commissioner to hear a case. The Chairman may also refer a case to the Division of Administrative Law Appeals (DALA) for a hearing. There are at least two parties in an administrative hearing. One party is a state agency or other governmental unit and the other party is an employee with rights under the civil service law. 
You are entitled to be represented by an attorney at the hearing. 

WHAT CAN I BRING TO MY HEARING?

You may bring any document or witness in support of your case. Please do not bring weapons, food or children to your hearing. Cases are expected to be prepared in advance of any hearing, and detailed pleadings are to be filed at the hearing.

WHEN AND WHERE WILL THE HEARING BE CONDUCTED?

Hearings are scheduled at the earliest possible time, taking into account CSC's caseload and the availability of a commissioner and a hearing room. Hearings are held at the CSC office or, in some cases at the Division of Administrative Law Appeals (DALA). 

WHAT IF I CAN'T BE THERE ON THE SCHEDULED HEARING DAY?

No continuance will be granted except for extraordinary circumstances. A written request for a continuance must be filed stating the reasons for the request. A copy must be served on the opposing party. 

WHAT IF I DON'T ATTEND THE HEARING OR FAIL TO PARTICIPATE IN THE PROCEEDINGS?

If a party fails to attend a hearing after having been given written notice, the Commission may proceed with the hearing in the absence of the party. Unless you are excused for good cause, the Commission may dismiss your case if you are more than 15 minutes late. If an emergency arises on your hearing date and you will be late for the hearing, telephone the Commission and explain the problem. You must, however, have permission from the Commission for a continuance.

CAN I CALL THE COMMISSION TO DISCUSS THE CASE?

The Commission must remain an impartial adjudicative body. Therefore, no person is allowed to discuss the merits of a case with the Commission without the participation of all other parties to the case.

WHAT HAPPENS AT A CIVIL SERVICE HEARING? 

When the hearing begins, each party may present an opening statement, which tells the commissioner what the party intends to prove. Each party can then offer evidence to prove its case. Evidence can be sworn testimony taken under oath at the hearing or it can be certain kinds of documents. To be admissible, evidence must meet certain legal requirements. For example, evidence must relate to the issues to be decided. Testimony must be based on personal knowledge, not on hearsay. Affidavits, written statements and correspondence usually are hearsay unless the author of the statement is present for the hearing and actually testifies.

CAN THE COMMISSION ISSUE SUBPOENAS? 

Yes. The issuing of a subpoena is governed by the Standard Rules of Adjudicatory Procedure and G.L .c. 31 § 72. The Commission may issue, modify or vacate subpoenas as justice may require. 

WHAT HAPPENS AFTER THE HEARING?

After civil service hearings, the parties usually have an opportunity to submit post hearing briefs to aid the Commission in deciding the case. A post hearing brief is a detailed legal pleading showing why the Commissions should rule in your favor. The brief must be based on applicable statutes, regulations, and precedent, as applied to the facts of your case. 

WHEN WILL THE COMMISSION DECIDE THE CASE?

After the parties have presented the evidence to the Commissioner, the hearing record is closed. The Commissioner will issue a written decision based on the evidence introduced and the laws and regulation, which apply to the case. 

DO I HAVE A RIGHT TO APPEAL THE CIVIL SERVICE COMMISSION'S DECISION?

Yes. A party who is dissatisfied with the Commissioner's decision ordinarily has a right to appeal. The first appeal is usually in the form of a motion for reconsideration. The second appeal usually involves taking the case into Superior Court. 

WHAT "RELIEF" CAN YOU EXPECT IF YOU WIN? 

If you prevail, this is the standard relief: 

Civil Service Commission hereby directs the Division of Human Resources to place _______ name at the top of the eligibility list for original appointment for the position of Permanent Full-Time Police Officer for the City of _______, so that his name appears at the top of the next certification which is requested by the City of _________ from Human Resources Division and from which the next appointment to the position of Permanent Full-Time Police Officer for the City of ___________ shall be made. 

You can sometimes get retroactive seniority:

Upon appointment to the __________ Police Department, the Appellant shall receive additional relief consisting of a retroactive seniority date to the date of the bypass.


*Note regarding timing:* Nothing happens fast at the CSC. They are overworked and grossly understaffed. Romney tried to abolish the Commission but couldn't....so he did the next best thing - he totally decimated their budget. (He did the same thing to the Labor Relations Commission). It will take approximately 3-4 months to get a pre-hearing conference and as long as a year after the PHC to get a full hearing. It can take months after the full evidentiary hearing to get a decision. Hopefully the new administration will give the Commission more resources. 

If you would like more information regarding bypass appeals, or would like to discuss representation, please e-mail me at [email protected] or check out my website: www.policelaborlaw.com. I specialize in Civil Service Appeals and routinely appear before the Commission.


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