City of Springfield v. Civil Serv. Comm’n

Soon after beginning work for the City of Springfield, Joseph McDowell achieved the status of a permanent, tenured civil service employee. McDowell was later provisionally promoted. McDowell worked in the second of his provisional positions for several years until the City terminated his employment. While McDowell’s appeal from his termination was pending before the Civil Service Commission, McDowell pleaded guilty to filing false tax returns. The Commission concluded (1) McDowell was entitled to appeal his termination pursuant to the relevant provisions of the civil service statute; and (2) the City was entitled to suspend McDowell upon his indictment and thereafter entitled to discharge him upon his conviction. The Supreme Judicial Court remanded, holding (1) McDowell, who held a tenured civil service position but then accepted a provisional promotion, was entitled to appeal his termination to the Commission; and (2) under the particular circumstances of this case, the Commission was permitted to take the criminal proceeding against McDowell and its disposition into account, but McDowell’s indictment for filing false tax returns did not qualify as an indictment for misconduct in his employment within the meaning of Mass. Gen. Laws ch. 268A, 25, and thus a suspension based on the indictment would not have been valid. View "City of Springfield v. Civil Serv. Comm'n" on Justia Law